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View Full Version : Saiga 12's reclassified - What if?


thisismyboomstick
02-02-2009, 9:39 PM
A question was brought up on another board about the possibility of S12's being classified as Destructive Devices. I know this is all just speculation but you have to admit there isn't a whole lot of difference between a Striker 12 and a Saiga sporting a MD20. What would happen to all of the legally configured S12's in CA? Confiscation? Registration allowed?

jumbopanda
02-02-2009, 9:40 PM
After seeing the thread title I thought it had already happened!

EBR Works
02-02-2009, 9:42 PM
Yes, please change your thread title to include "what if?".

Already been discussed here:

http://www.calguns.net/calgunforum/showthread.php?t=128705&highlight=destructive+device

56Chevy
02-02-2009, 10:12 PM
After seeing the thread title I thought it had already happened!
Yeah, it made me want to buy another one.:eek:

JeffM
02-02-2009, 10:13 PM
You had my heart rate up just a little!

tophatjones
02-02-2009, 10:17 PM
Gah! That's misleading.

CCWFacts
02-02-2009, 10:17 PM
I would have to check the actual law, but...

Anything with a bore over half an inch is a DD unless the BATF finds it to be suitable for sporting use. Traditionally, the BATF has classified all ordinary shotguns as "suitable for sporting use" and exempt from the NFA, even for shotguns that obviously are not used for sports, like pistol-grip shotguns and so on.

With the "street sweeper" or whatever it was called, they somehow decided that it was too tacticool and had to be banned. They haven't (AFAIK) done that with others but they could if they want to. It seems to be at their discretion.

Quiet
02-02-2009, 10:58 PM
There are only two types of shotguns that are classified as Destructive Devices (DD).

The USAS-12 (ATF Ruling 94-1) and the Striker-12/Streetsweeper (ATF Ruling 94-2).


26 U.S.C. 5845(f)(2): DESTRUCTIVE DEVICE (Nonsporting shotgun having a bore of more than one-half inch in diameter)
The USAS-12 shotgun has a bore of more than one-half inch in diameter and is not generally recognized as particularly suitable for sporting purposes. Therefore, it is classified as a destructive device for purposes of the National Firearms Act, 26 U.S.C. Chapter 53.
Section 1.06 ATF Rul. 94-1

Held: The USAS-12 is a shotgun with a bore of more than one-half inch in diameter which is not particularly suitable for sporting purposes. The weight, size, bulk, designed magazine capacity, configuration, and other factors indicate that the USAS-12 is a semiautomatic version of a military type assault shotgun. Accordingly, the USAS-12 is a destructive device as that term is used in 26 U.S.C. 5845(f)(2). Pursuant to section 7805(b), this ruling is applied prospectively effective March 1, 1994, with respect to the making, transfer, and special (occupational) taxes imposed by the NFA. All other provisions of the NFA apply retroactively effective March 1, 1994.



Section 1.07 26 U.S.C. 5845(f)(2): DESTRUCTIVE DEVICE (Non-sporting shotgun having a bore of more than one-half inch in diameter)
Section 1.08
Section 1.09 The Striker-12/Streetsweeper shotgun has a bore of more than one-half inch in diameter and is not generally recognized as particularly suitable for sporting purposes. Therefore, it is classified as a destructive device for purposes of the National Firearms Act, 26 U.S.C. Chapter 53.
Section 1.10
Section 1.11 ATF Rul. 94-2

Held: The Striker – 12/Streetsweeper is a shotgun with a bore of more than one-half inch in diameter which is not particularly suitable for sporting purposes. The weight, size, bulk, designed magazine capacity, configuration, and other factors indicate that the Striker – 12/Streetsweeper is a military-type shotgun, as opposed to a shotgun particularly suitable for sporting purposes. Accordingly, the Striker – 12/Streetsweeper is a destructive device as that term is used in 26 U.S.C. 5845(f)(2). Pursuant to 141 section 7805(b), this ruling is applied prospectively effective March 1, 1994, with respect to the making, transfer, and special (occupational) taxes imposed by the NFA. All other provisions of the NFA apply retroactively effective March 1, 1994.

Quiet
02-02-2009, 11:03 PM
The Saiga-12 is more akin to the USAS-12 than the Striker-12/Streetsweeper.
Since, both the Saiga-12 and USAS-12 are magazine fed semi-autos and the Striker-12/Streetsweeper is more like a DAO revolver, then a semi-auto.

However, the Saiga-12 is lighter than the USAS-12 and is imported into the USA in a "sporting purpose" configuration.

The USAS-12 and Striker-12/Streetsweeper did not meet the "sporting purpose" definition for importation and were banned from importation prior to being reclassified as a DD.

Also keep in mind that the BATF reclassified the USAS-12 and Striker-12/Streetsweeper in 1994, the same year that the Federal assault weapon ban went into effect.