Odd Luger

[bobofthedesert]

The Broomhandles, Lugers, and High Powers were specifically exempt by the BATF. A copy of any of those pistols fabricated by an individual is not, regardless of the serial number. John Martz made copies of the Luger carbine with a shoulder stock, but had to make the barrels 16" long to be legal.
Not all Lugers are legal with a shoulder stock, but specifically the WWI LP.08 (Artillery) and Navy, and the commercial Luger carbine are exempt as a group whether the stock serial number matches or not. On any of the mentioned Lugers a reproduction stock is also legal.

This gun being made in 1922 predates the NFA of 1934 which defined what an SBR (short barrelled rifle) was. IMHO, there is a better than even chance that if an opinion letter was requested from ATF "in the correct manner" it would result in a statement from them that it was legal. The REASON that all the noted Lugers are exempt as a group whether the numbers match is likely BECAUSE of their period of manufacture. Can't speak to how that would apply to Broomhandles and Hi-Power's, just MHO. I'm not sure if that bit about repro stocks, do I recall correctly that those for Hi-Powers have to be of period manufacture? Fortunately the Chinese have taken care of that for us....;D

And of course if the gun is in Canada, this is a moot point.

[Claven2]

If it's in Canada, I would contact a local GUNSMITH who deals in used guns (not the CFC) and ask what he does when an unregistered pre-1945 estate handgun surfaces. I believe there are different rules for pre-45 guns. The executor of the estate can (I think?) register the gun and sell it.

If you ask the CFC they won't help, they'll just advise you to turn it in for destruction.

[browningautorifle]

As far as I know(and I have asked those who deal) this gun could be registered in Canada. If a prohib then only a prohib guy could get it. But the key is it's origin. Now, where did Big daddy get to???

[Johnny Peppers]

This gun being made in 1922 predates the NFA of 1934 which defined what an SBR (short barrelled rifle) was. IMHO, there is a better than even chance that if an opinion letter was requested from ATF "in the correct manner" it would result in a statement from them that it was legal. The REASON that all the noted Lugers are exempt as a group whether the numbers match is likely BECAUSE of their period of manufacture. Can't speak to how that would apply to Broomhandles and Hi-Power's, just MHO. I'm not sure if that bit about repro stocks, do I recall correctly that those for Hi-Powers have to be of period manufacture? Fortunately the Chinese have taken care of that for us....;D

Bear in mind that the NFA of 1934 is a United States law.

And of course if the gun is in Canada, this is a moot point.

The NFA of 1934 did not grandfather in any firearms. Any firearm that fell under the law was at that time regulated by the law. The Lugers that were later exempt from the law were made in the 1914/1918 time period.

As to the repro stocks:


DEPARTMENT OF THE TREASURY
BUREAU OF ALCOCH0L T0BACCO AND FIREARMS
WASHINGTON, D.C. 20226

MAY 29 1981


<Addressee removed >

Dear <Name removed>,

This refers to your letters of March 13 and March 30, 1981, in which you ask that certain Luger and Browning Hi-Power pistols equipped with reproduction shoulder stocks be considered for removal from the provisions of the National Firearms Act (NFA).

It is not the policy of this Bureau to render a classification on a Shoulder stock which in and of itself is not subject to the provisions of The Gun Control Act or the NFA. However, as you are aware, certain Luger and Browning Hi-Power pistols when accompanied by original shoulder stocks have been removed from the purview of the NFA.

Our Firearms Classification Panel has examined your request and is their opinion that the above mentioned pistols equipped with currently made reproduction shoulder stocks which either duplicate or closely approximate the dimensions and configuration of the original stocks would also be primarily of interest to collectors and not likely be used as weapons. Therefore, any Luger or Browning Hi-Power pistol which would be removed from the purview of the NFA if equipped with an original shoulder stock, would also not be subject to the NFA is equipped with a reproduction shoulder stock which either duplicates or closely approximates the dimensions and configuration of the original stock.

It must be pointed out that should one of the subject reproduction stocks be attached to any handgun which has not been specifically removed from the purview of the NFA with an original stock, the combination would be subject to all of the registration and transfer provisions of the NFA.

We trust that the foregoing has responsive to your inquiry. If we can be of any further assistance, please contact us.

Sincerely yours,
[signature]
Assistant Directory
(Technical and Scientific Services)