question re: Thompson 45/410

[wbunning]

Hi guys..I hope this is the right area for this question.
I need a little legal expertise here.
The backstory.. a friend of mine, a lady in her 70's, recently showed me a small collection of handguns previously owned by her father. In the collection is a TC set with 4 barrels, including the 45 Colt/.410 barrel. I know the .410 makes the TC effectively a SBSG and is illegal in California. I advised her of that much, and that she may have to get rid of that barrel. Since it's something of an heirloom to her, she doesn't really want to get rid of it.

My question is, whether it is only illegal if the .45/.410 is affixed to the frame, or is the barrel alone illegal to even possess? If the latter.. what would be the right avenue for her to follow to keep herself out of trouble with that barrel? In other words, whaddya do if you have one of these barrels?

Thanks for any help you can offer :-)

[Barbarosa]

Is it actually marked .45/410? If so you are correct that if attached to the frame it is illegal in CA. T/C made the .45 with a screw-in or screw-on choke that was made to shoot .45 LC and their proprietary "hot-shot" capsule, similar to CCI snake shot. Those are legal and won't accept the .410; they are just marked "45 Colt".

[wbunning]

Is it actually marked .45/410? If so you are correct that if attached to the frame it is illegal in CA. T/C made the .45 with a screw-in or screw-on choke that was made to shoot .45 LC and their proprietary "hot-shot" capsule, similar to CCI snake shot. Those are legal and won't accept the .410; they are just marked "45 Colt".

Yep.. marked .410. I double checked that, aware that there were actually a few made in .45 Colt only. So do you think it's ok for her to keep the barrel as long as she never attaches it to the frame?

Thanks.

['ol shooter]

Yep.. marked .410. I double checked that, aware that there were actually a few made in .45 Colt only. So do you think it's ok for her to keep the barrel as long as she never attaches it to the frame?

Thanks.

No, she needs to give it to me. Seriously, I am interested. I would never, ever mount it on my Gen1 frame, scouts honor.

[shafferds]

If she has no frame there is no gun.

[Barbarosa]

IANAL, and I didn't stay at a Holiday Inn last night, so my opinion is worth what you paid for it.

I don't think even owning the barrel is legal in CA. I highlighted the red text that I think is applicable. Since you can interchange the barrel it is illegal to own.

16530. (a) As used in this part, the terms "firearm capable of
being concealed upon the person," "pistol," and "revolver" apply to
and include any device designed to be used as a weapon, from which is
expelled a projectile by the force of any explosion, or other form
of combustion, and that has a barrel less than 16 inches in length.
These terms also include any device that has a barrel 16 inches or
more in length which is designed to be interchanged with a barrel
less than 16 inches in length.
(b) Nothing shall prevent a device defined as a "firearm capable
of being concealed upon the person," "pistol," or "revolver" from
also being found to be a short-barreled rifle or a short-barreled
shotgun.

17180. As used in this part, "short-barreled shotgun" means any of
the following:
(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.

[SLO1911Fan]

Constructive possession applies in this case.

She cannot own the 45/410 barrel.

[wbunning]

Thanks for all the info and opinions guys. Much appreciated.