I have a question about short barrel shotguns

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    Member Array SwordMaster's Avatar
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    I have a question about short barrel shotguns

    I'm wondering if a shotgun barrel under 18" is still considered class III or AOW (basically super illegal) if it is not attached to a gun. Let me explain... a friend of mine "inherited" a police shotgun with a 12" or 14" (not sure) barrel when his step father died. He wasn't sure what to do with it so he just replaced the short barrel with an 18" barrel...problem solved...except now he doesn't know what he should do with the short barrel. Can he sell it? Should he toss it into a lake? Is it illegal just sitting in a closet?

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    Member Array latentcarry's Avatar
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    I would expect that it would have to be mounted on the receiver to be illegal. I would keep it as a curiosity and not worry.
    I have a buddy has a 12 ga Double barrel pistol. His Grandfather's carry. Gramps was a Sicilian in New York City. Barrels must be about 6 inches. Its been taken apart for safety(Damascus barrels ) I did wonder if it was safe to shoot; would be hard to build up pressure with those short barrels.

    I have wondered how a pistol like a Judge 410 is legal when its loaded with shotgun ammo.

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    Ex Member Array gregnsc's Avatar
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    I don't know what would be super illegal,lol.I do know if i have a shotgun,under 18 inches,it's illegal.The barrel,he took off,if it meant alot,i would keep it in the closet,and that's that.So far as it being illegal,it not being attached to the shotgun,i don't know.

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    VIP Member Array Taurahe's Avatar
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    I dont know for sure as I dont have an interest in class permit weapons, but a silencer is illegal wether it is mounted on a weapon or not, so I would assume a barrel under 18 inches would be as well. When in doubt err on the side of caution. Tis better to hear an answer that you dont want than hear the jail cell door slam shut, and when it comes to class 3 items, the ATF/FBI, etc doesnt play games. and for good measure......


    "In general, certain components that make up an NFA item are considered regulated. For example, each baffle inside a suppressor, if removed from the tube, is considered a suppressor. Such suppressor parts may be legally possessed only by Class-II manufacturers. An individual cannot repair a suppressor, which must be returned to a Federal Fiream License holder (FFL) who has status as a Class-II/Special Occupation Taxpayer (SOT) manufacturer for repairs. Thus, individuals not licensed with BATFE cannot legally own any part of a suppressor without registering it with the BATFE and paying NFA taxes before construction of said item. Suppressor is the term used within the trade/industry literature while the term 'silencer' is the term used in the actual wording of the NFA. The terms are oftentimes used interchangeably depending on the source quoted."

    "Owning the parts needed to assemble other NFA firearms is generally restricted. An individual cannot own or manufacture certain machine gun sear (fire-control) components unless he owns a registered machine gun. The M2 Carbine trigger pack is such an example of a "combination of parts" that is a machinegun in and of itself. Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s. In some special cases, exceptions have been determined to these by the BATFE. A string or shoelace that could be looped around the cocking handle of a semiautomatic firearm and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machinegun unless it is attached in this manner.[9]"

    In short, NFA parts are just as illegal as a NFA weapon. your friend would be well advised to turn it into the police, throw it in the river, cut it into tiny pieces.... but whatever it is he should get rid of it. Selling it is not an option as he apparently does not possess a NFA weapons permit or he would not be concerned.
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    Member Array RockingGlock32's Avatar
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    depends

    It may in fact be legal to own depending on the situation. Was it inherited through a will? if not i believe a SBR shotgun transfer if it left the factory with a full stock its a $200 transfer if it left the factory with a pistol grip its only a $5 transfer for the class 3 transfer but you need to ask a licensed class 3 dealer to be certain and to do the transfer, and its like a 6 month wait but i believe if the original owner had willed it to the heir of their estate then it can in fact be transferred for free if they are the heir to the estate. Also depends on the legality of the weapon in your area.

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    Latent and Greg, such things are not "illegal". The word you're looking for is restricted.

    OP, was the shotgun registered with the ATF as an SBS?
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    Member Array SwordMaster's Avatar
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    I'm not sure if it was registered with the ATF because his stepfather was a LEO at some point so he wouldn't have needed to... but I'll find out. The main thing that I don't understand is how someone would obtain the ATF tax stamp for an item that they already own. Because obviously the very act of applying for it is an admission of guilt.
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    "I have wondered how a pistol like a Judge 410 is legal when its loaded with shotgun ammo."

    I believe guns such as the judge, get by because they are in fact hand guns with rifled barrels and not short barreled smooth bore arms.

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    Member Array SwordMaster's Avatar
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    Its so insane when someone is bending over backwards trying to stay within the law on something like this and no one seems to know how to proceed legally... especially when the penalty is a class II felony (that is what I consider to be SUPER illegal BTW) whereas a penalty of a small fine is just illegal

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    VIP Member Array Taurahe's Avatar
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    Quote Originally Posted by jcm View Post
    "I have wondered how a pistol like a Judge 410 is legal when its loaded with shotgun ammo."

    I believe guns such as the judge, get by because they are in fact hand guns with rifled barrels and not short barreled smooth bore arms.
    If I am correct. handguns were removed from the NFA of 1936(?) before it was passed, that is why handguns are legal.
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    HOTGUNS will know,but I'm going to assume that since you have a gun that the barrel will fit that even tho it is not attached you can be charged with possessing a SBS without a tax stamp.I know when it comes to other Items like AR15's if you have the FA parts kit even tho it's not installed the ATF considers you having a machinegun,or the Jig to drill the pin hole for the Auto sear while owning an AR will show intent to possess
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    I'm wondering if a shotgun barrel under 18" is still considered class III or AOW (basically super illegal) if it is not attached to a gun.
    It is not illegal to own a short barrel,unless it is illegal in your state to own an SBS.

    Can he sell it?
    Yes.

    I have wondered how a pistol like a Judge 410 is legal when its loaded with shotgun ammo.
    It is legal because the barrel is rifled. If the barrel was a smoothbore, it would be illegal without the proper paperwork.

    I do know if i have a shotgun,under 18 inches,it's illegal.
    Its only illegal if one does not have the tax stamp. With the tax stamp it is perfectly legal, if it is legal in your state to own. Most states are legal, some are not.

    I dont know for sure as I dont have an interest in class permit weapons, but a silencer is illegal wether it is mounted on a weapon or not, so I would assume a barrel under 18 inches would be as well.
    The largest .22 suppressor manufacturer is in Trafalgar,Indiana and silencers are pefectly legal there with the right paperwork. Its as simple as filling out a Form 4, getting some fingerprints from the CLEO, get their signature and paying 200 bucks for a tax stamp,payable to the ATF. Same with the SBS. With the tax stamp you can have any length you want.
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    Distinguished Member Array BlueNinjaGo's Avatar
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    Quote Originally Posted by HotGuns View Post
    It is legal because the barrel is rifled. If the barrel was a smoothbore, it would be illegal without the proper paperwork.
    The ATF says a Shotgun is:
    Gun Control Act Definitions

    Shotgun

    18 U.S.C., § 921(A)(5) and 27 CFR § 478.11

    The term “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
    So what is a shotgun with a RIFLED barrel considered?

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    If it was me and I lived in a State where your allowed to own a short barreled shotgun, I'd pay the $200 tax stamp and keep it for self defense.

    I have a model 97 riot gun I got from my grandfather that I keep for self defense, it can still handle 2-3/4" buck as well as my others!


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    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by BlueNinjaGo View Post
    The ATF says a Shotgun is:


    So what is a shotgun with a RIFLED barrel considered?
    A rifle?

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