Adjustable Butt-plate -vs- telescoping/folding stock

Question
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Followup To
Question -
Dear Mr.Lohmeier:

I am asking your expert opinion concerning a Fulton Armory (FAR 15) Liberator II Carbine.  I purchased the custom made 5.56 mm rifle through a FFL Dealer in New York State (not NY City) in Sept. 2004. I reviewed all laws/statutes both Federal and State prior to ordering the rifle.
New York State is essentially identical to the 94-2004 Federal Ban on Assault Weapons.

The rifle has a fixed stock with adjustable butt-plate for length of pull.  (I am a small man and this allows me to adjust more comfortably to different firing positions). I am a former US Marine with competitive experience since high school.

The statute in new york state bans folding or telescoping stocks which would sacrifice accuracy and shorten the overall rifle length for conceilability.  Adjustable butt plates are found on competition rifles, and some shotguns.

Is there any reason this type of stock with adjustable butt-plate would be considered as telescoping or otherwise of an "assault type"?

(Since the stock is fixed and the butt-plate adjusts with allen screws to increase the overall length.)  I have asked knowlegable gun owners who contend it is not of assault type..but I would prefer an expert opinion.   If you are unable to help me, please direct me to someone who might?

Thank You , Sincerely...Richard


Answer -
Richard,

I wouldn't worry about it. Such laws tend not to be rigorously enforced anyway and I cannot imagine even a zealous prosecutor successfully characterizing an adjustable, competition butt-plate as an assault-type  folding stock.

Kyle

Dear Mr.Lohmeier:

I appreciate your swift response to my question regarding the fixed stock with adjustable butt-plate...but I must inquire of the extent to which you are familiar with "military" type firearms, particularly the rifle I described....and what might qualify you as a firearms expert.  I must also ask again if a "telescoping" type stock could be equated in any way with a fixed stock with adjustable butt-plate. (To an over zealous prosecutor).
This prosecutor seems unable to interpret a statute in this case..and would mislead layman to believe a "telscoping stock" is the same as an adjustable butt-plate.     Please help!....
Thanks, Richard

Answer
Richard,

My qualifications are listed on All Experts' site. I've been around firearms for most of my life, own several and know the difference between a telescoping or collapsible stock and an adjustable butt-plate.

The real difference in the two items is intent. A telescoping stock is intended to shorten the rifle to make it more handy and concealable whereas an adjustable butt-plate is intended to move a few inches to make the rifle easier to shoulder.

I cannot imagine a prosecutor getting far trying to make a case on this issue; particularly if the shortest setting of the adjustable butt-plate still leaves the rifle longer than the legal minimum.

Hopefully I've been of some help. Good luck,


Kyle