NFA SBR exceptions for weapons of historical significance

[30Mauser]

Just looking for a good place to post this to clear up some ignorance on the topic I've encountered frequently at gun stores and ranges.

I didn't find a subtopic for federal laws so I'm posting at the top level of the Gun Laws forums. I trust the admins will move this to wherever they see fit.

People often believe that possessing a Mauser C96 "Broomhandle" along with its wooden holster / detachable stock makes it a "short barrelled rifle" (SBR) as defined by the National Firearms Act (NFA) and therefore subject to restrictions accordingly. This is inaccurate, as there are explicit exceptions in the NFA for firearms of historical value. In fact, the ATF website goes so far as to give the Broomhandle as an example of such excepted weapons.

Here are specific web and statutory citations supporting this... I carry a printout of it whenever I have the Mauser outside my house, in case some LEO who is unclear on the exception takes an interest.

http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html

Q: If a person has a pistol and an attachable shoulder stock, does this constitute possession of an NFA firearm?

Yes, unless the barrel of the pistol is at least 16 inches in length (and the overall length of the firearm with stock attached is at least 26 inches). However, certain stocked handguns, such as original semiautomatic Mauser “Broomhandles” and Lugers, have been removed from the purview of the NFA as collectors’ items.

[26 U.S.C. 5845, 27 CFR 479.11]

Thanks for bearing with my rant!

 

[glide]

Why didn't the 'Chicago Typewriter' make the list?

 

[30Mauser]

Why not the Tommy gun indeed... there are few fully-automatic weapons that have a more interesting history!

 

[drgrant]

IIRC there are also some really old Browning Hi Powers (P35?) that are also set up in a similar manner, to take a stock, that are NFA exempt.

-Mike

 

[30Mauser]

I just read the reg (27 CFR 479.11 - Definitions) on the Cornell Law website. They don't actually list exempted SBRs by name, but leave that up to "the director" to deem what meet the "primarily collectors' items" criteria. It's on the ATF website where the Broomhandle and Luger are noted by name as examples.

 

[JuergenG]

IIRC there are also some really old Browning Hi Powers (P35?) that are also set up in a similar manner, to take a stock, that are NFA exempt.

-Mike

Yes, and so are some Radoms

 

[Finalygotabeltfed]

Why didn't the 'Chicago Typewriter' make the list?

Make what list?

The Thompson is classified as a submachine gun whether it has a stock attached or not, its not an AOW or a stocked pistol. They are also ALL considered C&R now, including all calibers and dates of manufacture right up until May 19 of 1986 so they can be transported legally interstate without the necessity of a form 5320.20