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Thread: Folding stock legality

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    Regular Member Esanders2008's Avatar
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    Folding stock legality

    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.
    ...To make my bullets go faster!

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    Regular Member JustaShooter's Avatar
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    Quote Originally Posted by Esanders2008 View Post
    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.
    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.
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    Regular Member Esanders2008's Avatar
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    Quote Originally Posted by JustaShooter View Post
    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.
    Va? Have restrictive laws? Bahahahahaha.
    ...To make my bullets go faster!

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    Quote Originally Posted by Esanders2008 View Post
    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.
    [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/legp...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.)

    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/legp...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.)
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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Esanders2008 View Post
    Va? Have restrictive laws? Bahahahahaha.
    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.

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    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?

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Doc_Smith View Post
    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?
    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.
    Last edited by JamesCanby; 09-29-2013 at 05:00 PM.

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