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Judge thread possible legal loop hole?

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  • norcal-ar
    Senior Member
    • May 2008
    • 1854

    Judge thread possible legal loop hole?

    Was reading a post in another section and this response got me thinking:

    "I look at the California DROS system every day. It allows "handgun" and "long gun" - there is no "other". When you sell a handgun you need to provide for the barrel length and the caliber, and it must be in a single-shot configuration to be exempt from the handgun roster. It's kind of impossible to provide this information when it is just a stripped receiver, this is why dealers DROS stripped AR receivers as "long gun" because the only information you need to provide is qty sold. "

    I know the judge is illegal on a few different levels being an SBR shotgun and also not being on the roster.BUT if someone where to make something to turn it into a single shot wouldnt that exempt it from the roster? which leads to the real question if its single shot does that provide anything toward it being exempt as a SBR shotgun? for example lets say"ALL shoguns holding two rounds( or if we want to play legal wording if the law says "multiple rounds") or more with barrell lenghts 18" and shorter are considered SBRs"
    I wouldnt want a judge in single shot but was curious. I couldnt find anything when i searched around on legal requirements of shotguns.
  • #2
    Fjold
    I need a LIFE!!
    • Oct 2005
    • 22937

    For SBS consideration it doesn't matter how many rounds it holds.
    Frank

    One rifle, one planet, Holland's 375




    Life Member NRA, CRPA and SAF

    Comment

    • #3
      norcal-ar
      Senior Member
      • May 2008
      • 1854

      thanks i had a feeling that might be the reason why nobody brought this up

      Comment

      • #4
        bwiese
        I need a LIFE!!
        • Oct 2005
        • 27621

        12133PC exemptions for "single-action revolver" and "single-shot pistol" only exempt a handgun from the Roster - these exemptions do not affect any matters of AW or other status.

        Even if if a gun were converted into Roster-exempt form per 12133PC, all AW laws (as well as other 12020PC prohibitions) must be observed.

        Bill Wiese
        San Jose, CA

        CGF Board Member / NRA Benefactor Life Member / CRPA life member
        sigpic
        No postings of mine here, unless otherwise specifically noted, are
        to be construed as formal or informal positions of the Calguns.Net
        ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
        employer. No posts of mine on Calguns are to be construed as
        legal advice, which can only be given by a lawyer.

        Comment

        • #5
          SJgunguy24
          I need a LIFE!!
          • May 2008
          • 14849

          If the Judge was marked 45-70 only and was dropped tested then it would be legal.
          There are 3 kinds of people in this world.
          The wise, learn from the mistakes of others.
          The smart, learn from their own mistakes.
          The others, well......they just never learn.

          "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
          Patrick Henry.

          Comment

          • #6
            leelaw
            Junior Member
            CGN Contributor - Lifetime
            • Oct 2005
            • 10445

            Originally posted by SJgunguy24
            If the Judge was marked 45-70 only and was dropped tested then it would be legal.
            and if the cylinder was recut to prevent the loading of .410ga shotshells

            Comment

            • #7
              slick_711
              Veteran Member
              • Feb 2006
              • 4400

              It's a piece of junk anyway, and despite Taurus' admirable ad campaign, .410 out of a 2" barrel is far from an idea defensive cartridge. Get a model 60 or SP101 and forget it.

              Comment

              • #8
                Vin496
                Calguns Addict
                • Mar 2008
                • 8804

                Originally posted by slick_711
                It's a piece of junk anyway, and despite Taurus' admirable ad campaign, .410 out of a 2" barrel is far from an idea defensive cartridge. Get a model 60 or SP101 and forget it.
                +100

                I'll never understand everyones obsession with this gun, they are big,ugly and do nothing well.

                Wanting a Taurus Judge is like wanting a bucktooth,cross eyed, ugly girl who wont put out, just because she ignored you.
                I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                and

                If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by leelaw
                  and if the cylinder was recut to prevent the loading of .410ga shotshells
                  I've been told that a standard .45/70 chamber will accept .410 shotshells. Is it even possible to have a .45/70 chamber that won't accept .410 shells?

                  If it is true that a .45/70 chamber would accept .410 shells, the question then becomes, "is a firearm that is marked .45/70 and chambered to fire .45/70 ammo "designed or redesigned to fire fixed shotgun shells""? If so any .45/70 handgun would be considered an SBS (yes, there are a couple on the market that could be sold in CA if they aren't considered SBS), and more importantly, any 16" .45/70 carbine would be considered an SBS as well. I don't think I've ever heard of anybody getting an SBS charge for owning a .45/70 carbine, so either .410 shotshells won't work in it, or that "designed or redesigned" language helps.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    SJgunguy24
                    I need a LIFE!!
                    • May 2008
                    • 14849

                    Originally posted by ke6guj
                    I've been told that a standard .45/70 chamber will accept .410 shotshells. Is it even possible to have a .45/70 chamber that won't accept .410 shells?

                    If it is true that a .45/70 chamber would accept .410 shells, the question then becomes, "is a firearm that is marked .45/70 and chambered to fire .45/70 ammo "designed or redesigned to fire fixed shotgun shells""? If so any .45/70 handgun would be considered an SBS (yes, there are a couple on the market that could be sold in CA if they aren't considered SBS), and more importantly, any 16" .45/70 carbine would be considered an SBS as well. I don't think I've ever heard of anybody getting an SBS charge for owning a .45/70 carbine, so either .410 shotshells won't work in it, or that "designed or redesigned" language helps.
                    Most of the 45-70 handguns i've seen are single action or single shot pistols and would be exempt from the list anyway. I would think it comes down to receiver markings and maybe even some marketing. The Judge is marketed as a pistol that shoots .410 shotgun shells, if it was never marketed like that i'd bet 1$ it would be for sale in California now.
                    There are 3 kinds of people in this world.
                    The wise, learn from the mistakes of others.
                    The smart, learn from their own mistakes.
                    The others, well......they just never learn.

                    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                    Patrick Henry.

                    Comment

                    • #11
                      lorax3
                      Super Moderator
                      CGN Contributor - Lifetime
                      • Jan 2009
                      • 4633

                      Originally posted by SJgunguy24
                      I would think it comes down to receiver markings and maybe even some marketing.
                      I seriously doubt receiver marking or marketing is relevant. If it can chamber a .410 shell it can be considered an SBS. I am however willing to bet that the majority of Judge owners in CA are LEO's.
                      You think you know, but you have no idea.

                      The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by SJgunguy24
                        Most of the 45-70 handguns i've seen are single action or single shot pistols and would be exempt from the list anyway.
                        yup, that is my point. There are roster-exempt .45-70 handguns that anybody could purchase today, in CA. But the potential capability to fire .410 shotshells, even though no mention is made in receiver markings or marketing, has had at least one prominent Calgunner argue that they are considered SBS's in CA. My retort to that is that if that is the case, then there are potentially thousands of unconvicted felons in CAs that possess .45-70 carbines.


                        I would think it comes down to receiver markings and maybe even some marketing. The Judge is marketed as a pistol that shoots .410 shotgun shells, if it was never marketed like that i'd bet 1$ it would be for sale in California now.
                        I'd probably agree with that. However, the fact that the judge has to have a specific chamber cut in order to chamber .410 shells, even if it was marked ".45LC only", would probably trigger SBS status, since it would have been "designed to fire a fixed shotgun shell" by using that hybrid chamber reamer.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

                        • #13
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by lorax3
                          I seriously doubt receiver marking or marketing is relevant. If it can chamber a .410 shell it can be considered an SBS.
                          so many/most <18" barrelled .45-70 firearms could be considered SBS as well?

                          I am however willing to bet that the majority of Judge owners in CA are LEO's.
                          since the Judge is not on the roster, most transfer would have to be be done to a roster-exempt person, which is usually an LEO, I'd agree with that. And expecially with it being known that some dealers in CA are/were actively selling Judges to CA LEOs.
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            lorax3
                            Super Moderator
                            CGN Contributor - Lifetime
                            • Jan 2009
                            • 4633

                            Originally posted by ke6guj
                            so many/most <18" barrelled .45-70 firearms could be considered SBS as well?
                            If it can chamber a .410 then I would say yes. I do not think people realized how inclusive the SBS definition was. I bet if there was a serial killer out there using a 16" .45-70 carbine but shooting .410 to kill their victims they would see a SBS charge if an LEA and DA's office wanted as many charges as possible.

                            I think a charge would be possible, but unlikely again unless something fishy is going on. Or maybe I have been watching too much Dexter.

                            Originally posted by ke6guj
                            since the Judge is not on the roster, most transfer would have to be be done to a roster-exempt person, which is usually an LEO, I'd agree with that. And expecially with it being known that some dealers in CA are/were actively selling Judges to CA LEOs.
                            Right, and the DOJ could find out who owns these. I do not mean this in any anti-LEO manner but perhaps the few Judge owners in CA will be left alone to avoid bad press on behalf on their agency.

                            No one wants to see 'DOJ arrests 25 officers statewide for illegal possession of a short-barreled shotguns'
                            Last edited by lorax3; 01-10-2010, 2:45 PM.
                            You think you know, but you have no idea.

                            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                            Comment

                            • #15
                              bigcalidave
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Jan 2009
                              • 4489

                              I think that even the designed or redesigned language wouldn't matter, as soon as you put a .410 into anything with an <18" barrel, you are possibly redesigning the weapon to fire a fixed shotgun shell.
                              ...

                              Comment

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