Pinning a Stock

[mpropst 0]

Hi guys, quick question. Is it legal to purchase a collapsible stock and pin it to the receiver extension yourself? Since a collapsible stock is not illegal, just if it is attached to an EBR, I am not sure where the law stands.

 

Thanks

[Caine 147]

I'm not a lawyer, but I think it kind of depends on whether or not you have an upper on hand. If all you have is the lower, then I think you're fine. If you have the lower and the upper, then you kind of run into "constructive intent" issues. Of course, it's only an issue for the 20 minutes or so it takes to pin a stock

 

Again, not a lawyer, so don't take that as legal advice.

 

Hopefully someone more knowledgeable can verify one way or another.

[jeff47 30]

I concur with Caine, there is nothing illegal with pinning a stock, but if someone happens to bust in and you have all of the parts together and the stock isn't pinned yet... You could always leave the upper with someone else if you wanted to be safe.

[EngineerJet 191]

Agreed with the above. If you know the exact length you desire it wont be a problem. In order to do it legally you either need to not own the upper or have it around. Pinning the stock would I would venture takes 2 minutes (I've seen the way they do it). Then you are golden. Of course that is the completely legal way to do it. Now do you want to risk the contructive intent for all of those 2 minutes? That is up to you. But legally that is the answer. If I am wrong please correct me.

[tj462nj 32]

first of all, a retailer shoudn't be selling the stock unpinned.

[Shane45 807]

The OP may not even own an AR. My take is he is looking for one for an EBR chassis. However, for example if he is doing a troy EBR chassis for an M1A and he owns the M1A, I think it would be the same issue....

[mpropst 0]

Thanks for the responses. To avoid an "possible" problems, I picked up a pinned stock in PA this past weekend. To tj462nj, why shouldn't a retailer sell an unpinned stock when they are not illegal and are used on other platforms, the Savage 10 BAS-K for instance?

[tj462nj 32]

Thanks for the responses. To avoid an "possible" problems, I picked up a pinned stock in PA this past weekend. To tj462nj, why shouldn't a retailer sell an unpinned stock when they are not illegal and are used on other platforms, the Savage 10 BAS-K for instance?

just because a rifle comes factory with it, doesn't make it legal in NJ. they are only legal on pump shotguns in nj and must be pinned on rifles. Alot of manufcuaturs make telescopic and/or folding stocks, and it up to the delivering ffl or yourself to know this also.

[mpropst 0]

Not doubting what you are saying, but can you point me to where it says that telescoping/folding stocks are only legal on a pump action shotgun? The only mention I could find regarding stock type in Title 13 Chapter 54 was in reference to a semi-auto weapon.

[tj462nj 32]

Not doubting what you are saying, but can you point me to where it says that telescoping/folding stocks are only legal on a pump action shotgun? The only mention I could find regarding stock type in Title 13 Chapter 54 was in reference to a semi-auto weapon.

13:54-1.2 defenitions

i.

ii.

iii.

[EngineerJet 191]

Not doubting what you are saying, but can you point me to where it says that telescoping/folding stocks are only legal on a pump action shotgun? The only mention I could find regarding stock type in Title 13 Chapter 54 was in reference to a semi-auto weapon.

 

telescoping stocks are on a list of features that you are allowed to have only one of with AW's. for example if you changed out the pistol grip to a thumbhold type grip then yes you can have telescoping stock

[mpropst 0]

13:54-1.2 defenitions

i.

ii.

iii.

 

That is where my question comes in regarding a Savage Bolt Action and a telescoping stock, i., ii. and iii. specifically say semi-auto.

[bbk 188]

So, if we're talking about bolt actions, like the Savage, why post this under AR discussion? I think most people were jumping on the fact that you cannot have a telescopic stock on an AR because you posted under this forum.

[mpropst 0]

So, if we're talking about bolt actions, like the Savage, why post this under AR discussion? I think most people were jumping on the fact that you cannot have a telescopic stock on an AR because you posted under this forum.

 

I did originally post about an AR and the consensus was to not do it yourself, and I followed that advice. I was asking about a bolt actions because I was trying to understand the the law as another poster said that adjustable stocks were only legal for pump actions shotguns and I couldn't find where it said that in 13-54.

[PR-NJ 0]

My two cents:

 

Unlike a magazine that holds more than 15 rounds, I do not believe it's illegal in NJ to merely own a collapsible stock. Having a collapsible stock attached to a rifle with a removable magazine and/or a pistol grip, on the other hand, does appear to violate the statute. So, the brief period of time when one might have a collapsible stock attached to one's AR-15 before pinning might technically be breaking the law.

 

Changing the topic slightly, I have a philosophical aversion to destroying the functionality of a perfectly good collapsible stock by pinning it. I'm considering an ACE Skeleton Buttstock instead of a pinned collapsible. Some decent reviews on the internet.

[vladtepes 1,060]

 

 

Changing the topic slightly, I have a philosophical aversion to destroying the functionality of a perfectly good collapsible stock by pinning it. I'm considering an ACE Skeleton Buttstock instead of a pinned collapsible. Some decent reviews on the internet.

 

I have had that stock on more than one of my rifles and love it..

[Pizza Bob 1,488]

My two cents: I do not believe it's illegal in NJ to merely own a collapsible stock.

 

 

If you have a lower (with two precluding features already), then mere possession could be considered constructive possession and thus be illegal.

 

JMHO / IANAL

 

Adios,

 

Pizza Bob

[PR-NJ 0]

If you have a lower (with two precluding features already), then mere possession could be considered constructive possession and thus be illegal.

 

JMHO / IANAL

 

Adios,

 

Pizza Bob

 

Pizza Bob, you may mean constructive intent. I don't think there would be any question about possession if someone in fact had a collapsible stock in his/her home, car, etc.

 

A theoretical risk, perhaps. However, it might prove very difficult to obtain a conviction on the basis of constructive intent for merely possessing a collapsible stock -- which alone, as far as I can tell, is not a violation of statute -- especially against an otherwise law-abiding citizen, and particularly if that citizen also possessed materials, tools, instructions. etc., for pinning a collapsible stock.

 

That said, I'm not giving legal advice here, nor would I encourage anyone to break the law or test the limits of state statutes. (And, New Jersey being New Jersey, there's no telling what might happen!)

 

Cheers.

[vladtepes 1,060]

Pizza Bob, you may mean constructive intent. I don't think there would be any question about possession if someone in fact had a collapsible stock in his/her home, car, etc.

 

A theoretical risk, perhaps. However, it might prove very difficult to obtain a conviction on the basis of constructive intent for merely possessing a collapsible stock -- which alone, as far as I can tell, is not a violation of statute -- especially against an otherwise law-abiding citizen, and particularly if that citizen also possessed materials, tools, instructions. etc., for pinning a collapsible stock.

 

That said, I'm not giving legal advice here, nor would I encourage anyone to break the law or test the limits of state statutes. (And, New Jersey being New Jersey, there's no telling what might happen!)

 

Cheers.

 

 

to take it a step further.. aren't there adapters that will allow you to put an AR buffer tube and stock on a pump.. which would be totally legal..

 

"why do you have that demonic baby killing collapsible stock!!!!?!?!??!"

 

"oh.. that.. I have a mossberg 500 series shotgun that I used to have that on.. trying to decide if I want to put it back on.."

 

"oh.. wow.. thank god.. I thought for a second you were trying to assemble an illegal weapon of mass destruction by attaching it to an AR"

 

"no way.. I would never do that.."

[halbautomatisch 60]

Pizza Bob, you may mean constructive intent. I don't think there would be any question about possession if someone in fact had a collapsible stock in his/her home, car, etc.

 

A theoretical risk, perhaps. However, it might prove very difficult to obtain a conviction on the basis of constructive intent for merely possessing a collapsible stock -- which alone, as far as I can tell, is not a violation of statute -- especially against an otherwise law-abiding citizen, and particularly if that citizen also possessed materials, tools, instructions. etc., for pinning a collapsible stock.

 

That said, I'm not giving legal advice here, nor would I encourage anyone to break the law or test the limits of state statutes. (And, New Jersey being New Jersey, there's no telling what might happen!)

 

Cheers.

The AW ban prohibits a person from having the parts to build an AW under their direct control. I would be very careful with possessing a collapsible stock that fits a semiauto.

[PR-NJ 0]

The AW ban prohibits a person from having the parts to build an AW under their direct control. I would be very careful with possessing a collapsible stock that fits a semiauto.

 

Agreed. Caution and care are very good things.

 

On the other hand (and not to give legal advice), the AW ban is expired federal law, not existing NJ state law. And unlike knowingly possessing a large capacity magazine, which is a clear violation of state statute, I am aware of no provision in the law that would prohibit the possession of a collapsible (telescopic or folding) stock, unless it's attached to an "assault weapon." As far as I can tell, one could have a collapsible stock on a semi-automatic rifle so long as the rifle did not have more than one of the following: a. a detachable magazine, b. a pistol grip, c. a flash suppressor or threaded barrel, d. a bayonette mount, or e. a grenade launcher.

 

That's not to say that an overzealous LEO or prosecutor wouldn't "interpret" the law otherwise. As stated and implied above, why test the limits of the law?