Carl N. Brown
Member
The issue was brought up in the comments.
The ATF FAQ short response leads to the impression that only original C96 Broomhandles with original buttstocks have been moved from Title II (1934 NFA) Short Barrel Rifle to Title I (1968 GCA) Pistol classification.
The ATF recently (Aug 2013) sent this in response to an inquiry by another person about their C96 Broomhandle:
That is the same answer I got in an ATF letter postmarked 3 Jan 2003.
A C96 Broomhandle with pre-1940 manufacture receiver and (Boolean AND) with either an original buttstock or a close replica of an original buttstock is a Title I (1968 Gun Control Act) Pistol (also a Curio & Relic firearm); it is not a Title II Short Barrel Rifle. ATF regards it as a collector's item not likely to be owned as a weapon
However, a C96 Broomhandle either
o with a receiver made after 1940, or (Boolean OR)
o with a stock that is not an original issue or close replica of an original issue,
is considered by ATF to be weaponized and not a collector's item.
Original pre-1940 C96 pistol with original or replica buttstock: Title I Pistol.
Post-1940 C96 Broomhandle or parts kit Broomhandle on new receiver with original or replica buttstock: Title II Short Barrel Rifle.
If I adapted an AR-style modern buttstock to my original C96 Broomhandle, I would have to register the firearm as an SBR on a Form 1. Weaponizing a C96 Broomhandle with a modern, non-original-style stock would remove it from Title I collector's item status to Title II NFA [strike]Weapon[/strike] Firearm.
If I came to sell my C96 Broomhandle, the pistol would have collector's value but the replica stock would have null collector's value (used repro stocks are not collectible in themselves). An original buttstock is a valuable collector's item by itself and more so with an original Broomhandle, but that has nothing to do with legality.
Interesting note. When I bought my C96 Broomhandle (barrel extension, lock and gripframe with ser.no. 107xxx indicating pre-WWI manufacture), the dealer also had a 9mm Broomhandle on a new Chinese receiver with gripframe slotted for buttstock. I could buy and possess the Chinese pistol while still owning an original C96 with replica buttstock only by filing ATF Form 1 and registering the Chinese pistol as an SBR. I passed on the Chinese gun.
The ATF FAQ short response leads to the impression that only original C96 Broomhandles with original buttstocks have been moved from Title II (1934 NFA) Short Barrel Rifle to Title I (1968 GCA) Pistol classification.
The ATF recently (Aug 2013) sent this in response to an inquiry by another person about their C96 Broomhandle:
A rifle having a barrel of less than 16 inches in length is a firearm as that term is defined in Title 26, United States Code (U.S.C.), Chapter 53, § 5845(a)(3). If a pistol were possessed with an attachable shoulder stock, the combination would be a firearm as defined. Weapons of this type are subject to the provisions of the National Firearms Act (NFA).
However, the Bureau of Alcohol, Tobacco and Firearms (ATF) has previously determined that by reason of the date of their manufacture, value, design, and other characteristics, the following when possessed with an attachable shoulder stock, are primarily collector’s items and are not likely to be used as weapons, and, therefore, are excluded from the provisions of the NFA:
Mauser, model 1896 semiautomatic pistol accompanied by original German mfd. detachable wooden holster/shoulder stocks, all semiautomatic German mfd. variations produced prior to 1940, any caliber.
Further, ATF has determined that such firearms are curios or relics as defined in Title 26, Code of Federal Regulations, Part 178, § 178.11 and, therefore, would still be subject to the Gun Control Act of 1968.
ATF has previously determined that Mauser Model 1896 pistols with reproduction stocks, which duplicate or closely approximate the originals, have also been removed from the provisions of the NFA. Copies of the Mauser pistol using frames of recent manufacture, with shoulder stocks, are still subject to the NFA.
If an individual possesses a pistol and shoulder stock combination that has not been removed from the provisions of the NFA, the combination would constitute a firearm subject to the provisions of the NFA. The fact that the stock was not attached to the pistol would have no bearing on this classification.
That is the same answer I got in an ATF letter postmarked 3 Jan 2003.
A C96 Broomhandle with pre-1940 manufacture receiver and (Boolean AND) with either an original buttstock or a close replica of an original buttstock is a Title I (1968 Gun Control Act) Pistol (also a Curio & Relic firearm); it is not a Title II Short Barrel Rifle. ATF regards it as a collector's item not likely to be owned as a weapon
However, a C96 Broomhandle either
o with a receiver made after 1940, or (Boolean OR)
o with a stock that is not an original issue or close replica of an original issue,
is considered by ATF to be weaponized and not a collector's item.
Original pre-1940 C96 pistol with original or replica buttstock: Title I Pistol.
Post-1940 C96 Broomhandle or parts kit Broomhandle on new receiver with original or replica buttstock: Title II Short Barrel Rifle.
If I adapted an AR-style modern buttstock to my original C96 Broomhandle, I would have to register the firearm as an SBR on a Form 1. Weaponizing a C96 Broomhandle with a modern, non-original-style stock would remove it from Title I collector's item status to Title II NFA [strike]Weapon[/strike] Firearm.
If I came to sell my C96 Broomhandle, the pistol would have collector's value but the replica stock would have null collector's value (used repro stocks are not collectible in themselves). An original buttstock is a valuable collector's item by itself and more so with an original Broomhandle, but that has nothing to do with legality.
Interesting note. When I bought my C96 Broomhandle (barrel extension, lock and gripframe with ser.no. 107xxx indicating pre-WWI manufacture), the dealer also had a 9mm Broomhandle on a new Chinese receiver with gripframe slotted for buttstock. I could buy and possess the Chinese pistol while still owning an original C96 with replica buttstock only by filing ATF Form 1 and registering the Chinese pistol as an SBR. I passed on the Chinese gun.
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