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Can a SG law expert please chime in

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  • dieselpower
    Banned
    • Jan 2009
    • 11471

    Can a SG law expert please chime in

    So from what it seems like, the DoJ has accidentally deleted the tube fed magazine exemption for semiautomatic shotguns.

    Without this exemption all threaded tube magazines are not fixed magazine and therefore the S/A SG is an AW.

    Detachable magazine now means not a fixed magazine.

    Fixed magazine is a permanently attached one, welded, rivets, that sort of thing, or one that requires disassembly of the action. Action is defined as the portion of the firearm that loads, fires and unloads.

    I am being told most S/A tubes can be unscrewed without any disassembly of the action. The firearm can be shot without a tube installed and the loading done by hand.

    My first thought is the action is broken because the firearm isnt loading itself, but that would make all magazine fed firearms disassembled without a magazine installed, so i doubt that will work.

    so are we non-shotgun guys missing something?

    please post a link to a current valid law or reg which excludes tubes from being not fixed magazines.

    Thanks.
  • #2
    CandG
    Spent $299 for this text!
    CGN Contributor - Lifetime
    • Apr 2014
    • 16970

    I'm far from a legal expert, but I'll chime in with what I've already posted elsewhere:

    Some shotguns should be exempt, even with these new regs, because it would be impossible to remove the tube without first removing the barrel. I don't know which shotguns that would apply to, but having looked at my Benelli M4 I can verify that there is no way to get the tube off without removing the barrel, the receiver-end of the tube is larger than the rest of it and it won't fit through the hoop on the underside of the barrel, so the barrel has to come off first. Removing barrel = disassembling the action.

    However, there may be some other S/A shotgun models that have tubes that could be unscrewed and removed without removing the barrel first, and for any shotguns in that category, it would appear that they might now be considered AW's with these new regs.
    Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do.


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    • #3
      Fergie
      Member
      • Jan 2015
      • 253

      I wanted to buy a Mossberg JM Pro this year, but you are saying it will have to be registered as an AW?

      Unbelievable how laws get passed in CA.

      Comment

      • #4
        CandG
        Spent $299 for this text!
        CGN Contributor - Lifetime
        • Apr 2014
        • 16970

        Originally posted by Fergie
        I wanted to buy a Mossberg JM Pro this year, but you are saying it will have to be registered as an AW?

        Unbelievable how laws get passed in CA.
        Should be ok, doesn't look like you can get a 930 tube off without removing the barrel first
        Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do.


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        • #5
          JagerDog
          I need a LIFE!!
          • May 2011
          • 15613

          Standard integral tube magazine semi-auto shotguns will be fine. The state is just having growing pains since they really know zip about firearms.
          Palestine is a fake country

          No Mas Hamas



          #Blackolivesmatter

          Comment

          • #6
            dieselpower
            Banned
            • Jan 2009
            • 11471

            Originally posted by cockedandglocked
            I'm far from a legal expert, but I'll chime in with what I've already posted elsewhere:

            Some shotguns should be exempt, even with these new regs, because it would be impossible to remove the tube without first removing the barrel. I don't know which shotguns that would apply to, but having looked at my Benelli M4 I can verify that there is no way to get the tube off without removing the barrel, the receiver-end of the tube is larger than the rest of it and it won't fit through the hoop on the underside of the barrel, so the barrel has to come off first. Removing barrel = disassembling the action.

            However, there may be some other S/A shotgun models that have tubes that could be unscrewed and removed without removing the barrel first, and for any shotguns in that category, it would appear that they might now be considered AW's with these new regs.
            outstanding because our conversation on the M4 sparked this whole > of mine.

            Thank you.

            Comment

            • #7
              CandG
              Spent $299 for this text!
              CGN Contributor - Lifetime
              • Apr 2014
              • 16970

              Originally posted by dieselpower
              outstanding because our conversation on the M4 sparked this whole > of mine.

              Thank you.
              Although, I just thought about this a little more, and just drew a different possible conclusion...

              Remember we were also talking about the definition of "action" (I was speculating that removing the magazine in an AR constitutes disassembly of the action), and someone was quick to shoot down my idea by pointing out that DOJ definied "disassembly of the action" as specifically the Fire Control Group. If that also applies to shotguns, then my initial thoughts I posted above may be incorrect, and removal of the barrel may not be considered "disassembly of the action", regardless of the fact that it would be impossible to shoot the gun without the barrel attached.

              So I guess I could go either way on this.

              Perhaps best to wait it out and see what the published regs have to say before we speculate any further.
              Last edited by CandG; 01-09-2017, 9:28 AM.
              Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do.


              Comment

              • #8
                JagerDog
                I need a LIFE!!
                • May 2011
                • 15613

                You can go out tomorrow and DROS one.
                Palestine is a fake country

                No Mas Hamas



                #Blackolivesmatter

                Comment

                • #9
                  bsg
                  I need a LIFE!!
                  • Jan 2009
                  • 25954

                  tagged.

                  Comment

                  • #10
                    redline
                    Member
                    • Mar 2009
                    • 261

                    Originally posted by dieselpower
                    outstanding because our conversation on the M4 sparked this whole > of mine.

                    Thank you.
                    Glad I'm not the only one that had the same . I posted a similar question last week on another thread, but didn't get any insights.

                    Comment

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