Question

This is a discussion on Question within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a nice set up to carry a short double-barreled 12 guage in a holster. I have been "called out" on the fact that ...

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  1. #1
    Senior Member Array Zsnake's Avatar
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    Question

    I have a nice set up to carry a short double-barreled 12 guage in a holster. I have been "called out" on the fact that if I wear it under a coat, it is not legal. I am still trying to get this ironed out. The law says that a sawed off shotgun is defined by it having a smooth bore and ORIGINALLY intended to be fired from the shoulder. THIS IS NOT....it was manufactured that way. I say it is a handgun.

    Anyway, that battle is still rages.

    NOW I have been informed by someone that it is not legal to carry it OPENLY as it should be classified as an AOW and you cannot carry AOWs about with you.

    If you can't carry it, what good is it?

    Anybody know FOR SURE?????

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    Member Array Broken's Avatar
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    can we see a picture of this canon?
    All Day I Dream About Sigs

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    Pray tell, what is an "AOW" - adults-only weapon?

    Is the subject weapon commercially available, or a 1-off custom piece?

    "I say it is a handgun."

    What is important at the end of the day is not what you say it is, but rather what the BATFE says it is, and subsequently, what your state and local statutes say it is. To that end, I would get a definitive opinion from an attorney familiar with the current mood of those agencies and the courts. Until that's resolved I think you may be putting yourself into some judicial jeopardy by carrying this weapon as you would like.

    If it is a commercially-available weapon, then the manufacturer should be able to give you guidance as to the "fish or fowl" question.
    Smitty
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    Senior Member Array jem102's Avatar
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    "IIRC" federal law states a min barrel (18") and overall length (?). If "as manufactured" is less than that it is a pistol. If modified from a full size shotgun it is illegal unless it has been re-registered through a class III FFL and you have the federal excise tax stamp for the serial number and that number only. This does not take into account any state and/or local laws. Be careful with these items as you can pickup a felony on your record barring you from firearm ownership. I would contact a class III FFL and ask.
    Who is John Galt?

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    VIP Member Array Guantes's Avatar
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    AOW = Any Other Weapon

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    If it was manufactured as a shotgun and cut off, it is a "sawed off" shotgun and can be legally possessed if it is legal to do so in your state as long as you have paid the 200$ tax stamp to the ATF and have the paperwork to prove it.

    If it was manufactured as a short barrelled shotgun, never having had a stock or the longer barrel, then it should registered as a SBS which falls under the AOW class, that being a 5$ tax fee.

    Some states prohibit carrying AOW for concealed carry, others dont. Since you are in Virgina, you need to know the laws of the state you are in. Since I dont, I wont offer any suggestions.Look at your handgun laws and check to see if AOW are prohibited from open carry or concealed carry.
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    Senior Member Array Zsnake's Avatar
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    I did pay a $200 fee for a BATFE stamp, but some folks tell me I should have only paid $5. I will check with a Class three guy tomorrow...if he's open.

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    Member Array Night Flight's Avatar
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    I guess I cannot imagine myself carrying that beast around, concealed or otherwise. I want mine concealed so well that NO ONE knows I carry. LOL

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    Illegal sawed-off: barrel less than 18"; overall length less than 34". Manufactured less than above? Sounds like one of those AOWs that never seem to fit in anywhere without a lot of gray.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
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    VIP Member Array bsnow's Avatar
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    Very cool, but what a handfull! OUCH!
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    Member Array YFZsandrider's Avatar
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    I knows it kinda off the subject, but.... why do you want to carry that? I'd be pretty concerned with how long it takes to draw that thing!
    COTEP member and 1911Forum reject

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    Senior Member Array Zsnake's Avatar
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    WHY? You ask WHY???? 'Cause it's NEAT!

    One of my favorite movies is "El Dorado"....James Cann carried a shorty (with hammers) in this movie...I liked it so much, I went out and bought a hat like his and the gun too.

    At pro gun conventions, I love to say..."Mine's bigger than yours!". LOL

    OLD VET... yep....barrel is 12 inches and grip is 8 inches.

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    Member Array WhatGun's Avatar
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    This is nothing more than..... AWESOME legality aside i just showed my wife and told her i want one...

    I think the deal breaker comes down to was it manufactured as a shotgun or a pistol?

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    That, my friend, is a wole lot of boom stick! My only question is are you sure (and can you prove) that this firearm did not start life as a long gun?
    "You will not rise to the occasion and you will not default to your level of training. You WILL ONLY default to the level of training you have mastered."
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    Distinguished Member Array pinklady's Avatar
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    Quote Originally Posted by YFZsandrider View Post
    I knows it kinda off the subject, but.... why do you want to carry that? I'd be pretty concerned with how long it takes to draw that thing!
    Yeah, but it is pretty cool I do have to admit.

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