Hi Everybody, I've got my eye on a C96, in incredible shape for it's age. The gun does not have a stock for sale with it. I had always wanted to buy one complete with original #s matching stock but thats seems to be very hard to find and extremely pricey (in excellent condition no less).

 

I trying to get a concrete answer, on the legality of a reproduction stock that is built to original size dimentions.

 

Any masons out there ?

I'm fairly sure that a stock on a C96 Mauser (repro or not) would constitute a SBR or AOW (someone will correct me if i'm wrong). Therefore it would be a no-go in NJ.

Under Federal law I believe a repro stock is legal. All a moot point as it would be illegal under NJ law.

what if you had one pre- 1898? (I think thats the cutoff) wouldn't that make it not even technically a gun but an antique?

When I started reading the title I got very excited. I saw C96 Mauser "reproduction" and thought some is making reproductions awsome I want one. Than I saw the word stock and my hopes were crushed . I would love to get one but to find one in good firable condition are quite expensive

I went through the same quandry when considering a stock for my C96. I decided it was such a grey area that it wasn't worth the risk.

not sure how it would be a gray area...

if you take a handgun and temporarily put a stock on it you create a rifle (a shoulder fired weapon)..

the ATF has given the opinion (for Glock/mechtech conversion) that the practice of adding an accessory to make a pistol a rifle and then back into a pistol again is ok.

but that is only covering the actual process both the pistol and rifle (that is temporarily created) must be legal..

 

even if the gun was not considered a SBR per federal rules.. it would be a "sawed off shotgun" per NJ law.. and thus illegal..

 

m. "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

 

when you add the stock.. you create a firearm that is designed to be fired from the shoulder (it has a stock)

so then IMO the following applies...

 

"Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length

measured from the breach to the muzzle, or a rifle having a barrel or barrels of less than 16 inches

in length measured from the breach to the muzzle, or any firearm made from a rifle or a shotgun,

whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26

inches.

not sure how it would be a gray area...

if you take a handgun and temporarily put a stock on it you create a rifle (a shoulder fired weapon)..

the ATF has given the opinion (for Glock/mechtech conversion) that the practice of adding an accessory to make a pistol a rifle and then back into a pistol again is ok.

but that is only covering the actual process both the pistol and rifle (that is temporarily created) must be legal..

 

even if the gun was not considered a SBR per federal rules.. it would be a "sawed off shotgun" per NJ law.. and thus illegal..

 

 

 

when you add the stock.. you create a firearm that is designed to be fired from the shoulder (it has a stock)

so then IMO the following applies...

 

 

 

There is no gray area and what vlad says is 100% correct but I'll expand on it a bit. The stock for the 96 and the mech/tech conversion are not the same thing. Put the stockon the 96 and you have a SBR, the mech/tech has a rifle legal (16" or more) barrel.

 

 

 

IIRC Federal law allows you to use a repro stock on a pistol that originally was available with one. When ATF gave their opinion on this there was a lot of business done for parts required to get pistols to accept a stock. Got a 96, Luger, Browning Hi-Power, 1911, etc from the time period they were available with stocks? Go ahead you're legal under Federal law. Got a modern 1911 and you get hold of a main spring housing slotted for a stock? No deal, go directly to jail for possession of a NFA weapon.

 

 

 

You can't mix Federal and State law . Many states follow the Federal law and class firearms before 1898 as antiques. NJ is not one of them. Fire a projectile by expansion of a gas? Firearm in NJ no matter when it was made. You want that Hotchkiss gun and you live in one of these states no problem. But not in NJ.

 

 

 

 

There is no gray area and what vlad says is 100% correct but I'll expand on it a bit. The stock for the 96 and the mech/tech conversion are not the same thing. Put the stockon the 96 and you have a SBR, the mech/tech has a rifle legal (16" or more) barrel.

 

 

 

IIRC Federal law allows you to use a repro stock on a pistol that originally was available with one. When ATF gave their opinion on this there was a lot of business done for parts required to get pistols to accept a stock. Got a 96, Luger, Browning Hi-Power, 1911, etc from the time period they were available with stocks? Go ahead you're legal under Federal law. Got a modern 1911 and you get hold of a main spring housing slotted for a stock? No deal, go directly to jail for possession of a NFA weapon.

 

 

 

You can't mix Federal and State law . Many states follow the Federal law and class firearms before 1898 as antiques. NJ is not one of them. Fire a projectile by expansion of a gas? Firearm in NJ no matter when it was made. You want that Hotchkiss gun and you live in one of these states no problem. But not in NJ.

 

my point about the mechtech is that there were individuals that had concern about turning a pistol.. into a rifle.. and back into a pistol again..

I was just stating that the act in itself was a non issue..

 

the greater issue is the simple state law that qualifies the finished product as a "sawed off shotgun" and thus illegal..

vlad I understood what you were saying but others might think its the same thing.

vlad I understood what you were saying but others might think its the same thing.

gotcha.. makes sense..

A stock on an original C-96, or A Browning P-35 is NOT an SBR, ATF exempted those particular firearms, there are a couple of letters out there from the Tech Branch stating this. What you CANNOT do is take a modern handgun and put a stock on it. That said, while the Mauser or Browning is GTG as far as BATFE is concerned i Don't belive it is NJ legal.

A stock on an original C-96, or A Browning P-35 is NOT an SBR, ATF exempted those particular firearms, there are a couple of letters out there from the Tech Branch stating this. What you CANNOT do is take a modern handgun and put a stock on it. That said, while the Mauser or Browning is GTG as far as BATFE is concerned i Don't belive it is NJ legal.

 

it is moot that the ATF exempts it.. NJ would also have to exempt it..

if NJ classifies it as a assault weapon.. then it is one.. just as a bb gun is a firearm in NJ..

it is moot that the ATF exempts it.. NJ would also have to exempt it..

if NJ classifies it as a assault weapon.. then it is one.. just as a bb gun is a firearm in NJ..

and I said that i didnt think it would be legal here..although thinking about it I HAVE seen both C-96 and P-35 pistols with stock lugs...this is one that probably SHOULD be asked of the NJSP.