They've clarified only that it is to be considered "other than a rifle or shotgun" for purposes of FFL transfers. These are still for sale, sure, until ATF completes their sentence. While we have no idea what ATF will do, they don't have much wiggle room left in Title I law.
A firearm meets a certain definition and is therefore regulated under Title I or Title II, not the other way around. By stripping a PG-only firearm that fires a shot shell of "shotgun" definition, it leaves no room in Title I for it to exist. That's the peril alluded to in the GOA release.
If it is not designed to fire from the shoulder as is a "Rifle" or "Shotgun" and it is not a "handgun," as you say, then by default there's nothing left. A firearm designed to fire with two hands and no shoulder? That's an NFA firearm. A pistol with a smooth-bore that fires a fixed shot shell? That's NFA teritory as well. Barrel length matters not here since this ruling precludes it being a "Short Barreled Shotgun". "AOW" has no reference for barrel length, so the 18" barrel is not a Title I anchor by any means.
By my reference to "Destructive Device", they cannot use the "non-sporting shotgun" definition of DD since it's not a "shotgun" by their own ruling. While it does have a bore greater than .50", it is far closer to and more likely fall under the "smooth-bore pistol" AOW definition.
Anyway, this is all speculative and while it remains to be seen what ATF will do here, we cannot just assume it's going to remain a Title I firearm. It has to meet some definition within Title I, which right now does not exist.
A firearm meets a certain definition and is therefore regulated under Title I or Title II, not the other way around. By stripping a PG-only firearm that fires a shot shell of "shotgun" definition, it leaves no room in Title I for it to exist. That's the peril alluded to in the GOA release.
If it is not designed to fire from the shoulder as is a "Rifle" or "Shotgun" and it is not a "handgun," as you say, then by default there's nothing left. A firearm designed to fire with two hands and no shoulder? That's an NFA firearm. A pistol with a smooth-bore that fires a fixed shot shell? That's NFA teritory as well. Barrel length matters not here since this ruling precludes it being a "Short Barreled Shotgun". "AOW" has no reference for barrel length, so the 18" barrel is not a Title I anchor by any means.
By my reference to "Destructive Device", they cannot use the "non-sporting shotgun" definition of DD since it's not a "shotgun" by their own ruling. While it does have a bore greater than .50", it is far closer to and more likely fall under the "smooth-bore pistol" AOW definition.
Anyway, this is all speculative and while it remains to be seen what ATF will do here, we cannot just assume it's going to remain a Title I firearm. It has to meet some definition within Title I, which right now does not exist.




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