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What makes a shotgun an illegal aw?

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  • bronco1500
    Member
    • Dec 2008
    • 469

    What makes a shotgun an illegal aw?

    First off a buddy and me were having a beer.....(dont the best stories start that way) Anyways he's a cop and we both have oll rifles. Neither of us know much about shotgun assault weapon laws. Anyways he is exempt from the 10 round limit on magazines. This goes for all weapons not just duty weapons. We started talking about the saiga 12. He can legally get a 20 round drum, and getting the Saiga is no biggie. We knew that the gun has to be 26 inches long and cant have a detach mag. Pistol grips front and back are legal.

    So... Is it legal...for him...to get a converted saiga, add a forward grip AND a fixed 20 round drum?

    Thanks for any help.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by bronco1500

    So... Is it legal...for him...to get a converted saiga, add a forward grip AND a fixed 20 round drum?
    yup, legal as long as he does not have a folding/collapsable stock along with the pistol grip and VFG.

    No law against a fixed mag of more than 10-rounds installed in a shotgun.



    12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    (6) A semiautomatic shotgun that has both of the following:
    (A) A folding or telescoping stock.
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
    (8) Any shotgun with a revolving cylinder.
    Both of the following means that you must meet A and B, not that you have two B's.
    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

    • #3
      sonicbuff
      Senior Member
      • Apr 2008
      • 769

      Originally posted by ke6guj
      yup, legal as long as he does not have a folding/collapsable stock along with the pistol grip and VFG.

      No law against a fixed mag of more than 10-rounds installed in a shotgun.





      Both of the following means that you must meet A and B, not that you have two B's.
      ... and comply to 922r requirement.
      "It's fun to be scammed and called a scammer at the same time by your seller."

      Comment

      • #4
        GuyW
        Banned
        • Dec 2002
        • 4298

        Originally posted by lokmeup
        Adding the 20 round drum would make it an AW... It is considered a revolving cylinder.
        SOMEBODY might consider it one, but theres

        No cylinder involved.

        But its good FUD.
        .

        Comment

        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by lokmeup
          Adding the 20 round drum would make it an AW... It is considered a revolving cylinder.
          got any PC, CCR, or case law that says a revolving cylinder = drum?
          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

          • #6
            God Bless The Mauser
            Senior Member
            • Jun 2007
            • 1291

            An insane person with a pen and power can make anything an illegal AW.

            Comment

            • #7
              sergeantrex
              Senior Member
              • May 2007
              • 824

              Originally posted by lokmeup
              Adding the 20 round drum would make it an AW... It is considered a revolving cylinder.
              Wrong! it's a drum not a cylinder!
              "Fear is the path to the dark side, fear leads to anger. Anger leads to hate. Hate leads to suffering."

              Yoda

              Comment

              • #8
                bronco1500
                Member
                • Dec 2008
                • 469

                So at the least a 12 round stick mag would be legal. The drum is what he was most interested in tho...just because he can.

                Comment

                • #9
                  lokmeup
                  Member
                  • Mar 2008
                  • 171

                  Originally posted by GuyW
                  SOMEBODY might consider it one, but theres

                  No cylinder involved.

                  But its good FUD.
                  .
                  Originally posted by ke6guj
                  got any PC, CCR, or case law that says a revolving cylinder = drum?
                  Originally posted by sergeantrex
                  Wrong! it's a drum not a cylinder!
                  FUD... Fair enough... but I would not want to be the one fighting a "bogus" AW charge, burning my own money, losing valuable time, and possibly ruining my professional career. I like my life and don't want it to change over night due to an extremely grey area of the law. Anyways you can get at least 5x10 round sticks for the cost of one 20 round drum.

                  Cool factor and all... it's not worth it to chance.

                  But if I was a LEO thinking about this, I would ask my Chief first, not a forum.

                  Comment

                  • #10
                    Dirtbiker
                    Veteran Member
                    • Dec 2007
                    • 2810

                    Why ask the chief he might say no. I'd bet the Calguns community knows more about AW law than most chiefs do.
                    To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.

                    Thomas Jefferson

                    Comment

                    • #11
                      bronco1500
                      Member
                      • Dec 2008
                      • 469

                      Originally posted by Dirtbiker
                      Why ask the chief he might say no. I'd bet the Calguns community knows more about AW law than most chiefs do.
                      That is absolutely true. The local district attorney would be better than the chief.

                      Comment

                      • #12
                        unusedusername
                        Veteran Member
                        • Sep 2008
                        • 4124

                        All this talk of 12 and 20 rounders...

                        I hope you have had those large capacity mags pre-2000 (when did they starting importing saiga-12s anyways?).

                        The ban on more then 10 round ammunition feeding devices does not state that the feeding devices need to go into a rifle...


                        EDIT: ke6guj is correct. Sorry for any confusion.
                        Last edited by unusedusername; 06-09-2009, 7:29 PM.

                        Comment

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

                          The OP is talking about a LEO who would be legally purchasing the large-capacity magazines. pre-2000 does not matter in this case.
                          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
                            bronco1500
                            Member
                            • Dec 2008
                            • 469

                            anybody know how long a saiga is without a buttstock?

                            Comment

                            • #15
                              vintagedude88
                              Senior Member
                              • Feb 2009
                              • 2034

                              Originally posted by ke6guj
                              ...No law against a fixed mag of more than 10-rounds installed in a shotgun...
                              You mean there are no laws against it so long as this guy is a cop. Right?

                              Comment

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