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The lenght should be fine my Ruger 556MPR fits just fine in a ruger 10/22 case the dimensions on this are Dimensions 42" x 10" x 2" So I'd measure a piece of card board cut to those dimensions and set the rifle with scope mounted on top of it and see if there is anywhere protruding (height mostly because, the height of your scope.and.mount is.not known) but id think.it should work.
Theodore, I would get a 42 inch case minimal Sir. Internal length and height will be a couple inches less that the overall 40 inch length. 42 inch will be perfect. Cheers and stay safe!
Theodore, Yes this case will accommodate a 38" long scoped rifle.