People v. Rooney, 17 Cal.App.4th 1207 (1 Dist. 1993)

In this case the California court of appeals decides that for purposes of California law, a rifle with a folding stock is measured with the stock folded, for purposes of whether it is a short barreled rifle. Thus the defendant was properly convicted of possessing a short rifle when his Chinese AK type gun with an under folding stock measured 25 3/4" inches folded, even though it was well over 26", the legal length, when unfolded. While the court calls the stock "removable" as well as foldable, it does not appear the stock actually easily came off the gun, but rather that it folded underneath, so as to not contribute to the length of the gun. Under federal law the length is measured with the stock extended, not folded, unless the stock comess off the gun with a minimum of hassle. So a gun that is not a short rifle under federal law can be one under some state's laws.

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Topic revision: r3 - 13 Nov 2007 - SeanNewton

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