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Folding stock legality

Esanders2008

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
My friend would like to know the legality of a folding stock on a shotgun that holds 20 rounds in a detachable magazine.

I am under the impression that it is legal, but was not legal from 94 to 04.
 
JustaShooter

JustaShooter

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Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
Esanders2008 said:
My friend would like to know the legality of a folding stock on a shotgun that holds 20 rounds in a detachable magazine.

I am under the impression that it is legal, but was not legal from 94 to 04.
Click to expand...

My understanding is the same as yours and any restrictions went away with the AWB in '04 so folding stocks are OK on shotguns, regardless of configuration, as long as it is otherwise legal. Naturally, I'm speaking from a BATF standpoint, your state laws could be more restrictive.
 
Esanders2008

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
JustaShooter said:
My understanding is the same as yours and any restrictions went away with the AWB in '04 so folding stocks are OK on shotguns, regardless of configuration, as long as it is otherwise legal. Naturally, I'm speaking from a BATF standpoint, your state laws could be more restrictive.
Click to expand...

Va? Have restrictive laws? Bahahahahaha. ;)
 
B

bullseye

Campaign Veteran
Joined
May 29, 2009
Messages
73
Location
Newport News, VA
Esanders2008 said:
My friend would like to know the legality of a folding stock on a shotgun that holds 20 rounds in a detachable magazine.

I am under the impression that it is legal, but was not legal from 94 to 04.
Click to expand...

[Disclaimer: Nothing posted in this reply is to be construed as legal advise.] DYODD

Stick mag or Drum?

I assume you're referencing a Saiga 12. I read once that because the code in 18.2-308.8 states 12 rounds, VA courts have to read that as holds exactly 12 shells, so a 20 rounder is GTG. Also read, a detachable drum is fine, because the Striker 12 is a fixed wind-up drum that doesn't eject the shells. Also read, Magazines do not count as "constructive possession", so mere possession along with a folding stock shotgun is not illegal; if they are indeed illegal to attach in the first place. I've never read an answer that would make me want to be the test case.

For me, I only attach the 20 shell drums to a fixed stock version. Read the pertinent codes, get the advice of a competent attorney, and decide for yourself.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.8
§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.
(1993, c. 888.)
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Some localities have a 7 shell limit if you don't have a special privilege card, a.k.a. CHP.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)
Click to expand...
 
J

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Esanders2008 said:
Va? Have restrictive laws? Bahahahahaha. ;)
Click to expand...

18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
 
D

Doc_Smith

Regular Member
Joined
Mar 7, 2012
Messages
52
Location
Newport News
So based on 18.2-287.4 since I have a CHP I can open carry my M4 style rifle with a collapsing stock with a standard 30 round magazine?
 
J

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Doc_Smith said:
So based on 18.2-287.4 since I have a CHP I can open carry my M4 style rifle with a collapsing stock with a standard 30 round magazine?
Click to expand...

That's the way *I* read it ... IANAL.

Note: I believe a "collapsing" stock is different than a "folding" stock. Almost every modern sporting rifle I've seen has an adjustable -- or collapsible -- stock.
 
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