Is a Folding Stock Legal on an AR Pistol?
The AR pistol, also known as an AR-15 pistol, is a semi-automatic pistol designed for self-defense and recreational shooting. One of the most common questions among AR pistol enthusiasts is whether a folding stock is legal to use on an AR pistol. In this article, we’ll delve into the legal aspects of using a folding stock on an AR pistol.
What is a Folding Stock?
A folding stock is a type of stock that can be folded or collapsed to reduce the overall length of the weapon. This allows for easier storage and transportation, as well as a more discreet appearance. Folding stocks are commonly used on rifles and shotguns, but can also be found on pistols like the AR-15.
Legal Considerations
The legality of a folding stock on an AR pistol depends on the laws of your state and locality. In the United States, the laws regarding the use of folding stocks on pistols vary from state to state. Here are some key points to consider:
- National Firearms Act (NFA): The NFA is a federal law that regulates the sale, manufacture, and possession of certain firearms, including short-barreled shotguns and machine guns. The NFA defines a "firearm" as a device that is designed to be fired from the shoulder and that is not specifically exempted from the NFA. Since an AR pistol is designed to be fired from the shoulder and is not specifically exempted from the NFA, it is technically a "firearm" under the NFA. However, the NFA does not specifically regulate folding stocks.
- 18 U.S.C. § 922(o): This federal law prohibits the transfer of a firearm with a shoulder stock that is designed or intended to be attached to a firearm and that has a barrel length of less than 16 inches or an overall length of less than 26 inches. Since an AR pistol is designed to be fired from the shoulder, it falls under this provision. However, there are several exemptions and exceptions to this law.
- State Laws: Many states have their own laws regarding the use of folding stocks on pistols. Some states allow the use of folding stocks on AR pistols, while others do not. It is important to check the laws of your state before using a folding stock on an AR pistol.
Exemptions and Exceptions
There are several exemptions and exceptions to the laws mentioned above. Here are a few:
- Semiautomatic Pistol Exemption: 18 U.S.C. § 922(o) exempt semi-automatic pistols from the provisions of the law, as long as they do not have a barrel length of less than 16 inches or an overall length of less than 26 inches.
- Assault Weapon Exemption: Some states have laws that exempt assault weapons from certain provisions, including the prohibition on folding stocks.
- C&R (Curio & Relic) Exemption: The ATF has issued a ruling that allows C&R firearms to be used with folding stocks, as long as they are in compliance with federal and state laws.
Table: Legal Considerations
| Law | Prohibition/Exemption | AR Pistol |
|---|---|---|
| National Firearms Act (NFA) | Does not specifically regulate folding stocks | – |
| 18 U.S.C. § 922(o) | Prohibits firearms with shoulder stocks and barrel length less than 16 inches or overall length less than 26 inches | Exempted under semi-automatic pistol exemption |
| State Laws | Vary by state | Check state laws |
Conclusion
In conclusion, the legality of a folding stock on an AR pistol depends on the laws of your state and locality. While the National Firearms Act and 18 U.S.C. § 922(o) do not specifically regulate folding stocks, there are several exemptions and exceptions that apply to AR pistols. It is important to check the laws of your state and to ensure compliance with federal and state regulations before using a folding stock on an AR pistol.
Recommendations
Here are some recommendations for AR pistol enthusiasts who want to use a folding stock:
- Check state laws: Before using a folding stock on an AR pistol, check the laws of your state to ensure that it is legal.
- Comply with federal regulations: Ensure that your AR pistol complies with federal regulations, including those related to barrel length, overall length, and type of stock.
- Use a compliant folding stock: Choose a folding stock that is compliant with federal and state laws, and ensure that it is installed and used in compliance with the laws.
- Consider a C&R exemption: If you have a C&R firearm, you may be eligible for an exemption from certain federal and state laws, including those related to folding stocks.
Final Thoughts
The use of a folding stock on an AR pistol is legal in many states, but it is important to understand the laws and regulations that apply to your specific situation. By understanding the legal considerations and following the recommendations outlined above, you can enjoy the benefits of a folding stock on your AR pistol while ensuring compliance with the laws.
