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  • Shrubmaster
    Senior Member
    • Apr 2010
    • 1359

    legal question

    At what point does a rifled 12 gauge shotgun become a DD?
    Would it just depend on what ammo you use?
    WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
    Thanks
  • #2
    -hanko
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2002
    • 14174

    It would depend more on barrel length and overall length. A rifled sg barrel is there for slugs, but it's not illegal to shoot shot through it.

    Guess I don't understand the DD part.

    -hanko
    True wealth is time. Time to enjoy life.

    Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

    Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

    A man's soul can be judged by the way he treats his dog. Charles Doran

    Comment

    • #3
      BigDogatPlay
      Calguns Addict
      • Jun 2007
      • 7362

      Originally posted by Shrubmaster
      At what point does a rifled 12 gauge shotgun become a DD?
      What circumstances do you think would make it a DD? Might be easier to discuss from that perspective.
      -- Rifle, Pistol, Shotgun

      Not a lawyer, just a former LEO proud to have served.

      Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by BigDogatPlay
        What circumstances do you think would make it a DD? Might be easier to discuss from that perspective.
        well, we know that a rifled bore 12ga pistol is considered a DD since it has a rifled bore over .50" and does not qualify for the sporting purposes exemption.

        IIRC, With rifled-bore shotguns, there has been "some" greyness regarding DD in the past.
        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

        • #5
          Shrubmaster
          Senior Member
          • Apr 2010
          • 1359

          Originally posted by -hanko
          It would depend more on barrel length and overall length. A rifled sg barrel is there for slugs, but it's not illegal to shoot shot through it.

          Guess I don't understand the DD part.

          -hanko
          In my case, both BL and OAL are well over legal limits.
          WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
          Thanks

          Comment

          • #6
            Shrubmaster
            Senior Member
            • Apr 2010
            • 1359

            Originally posted by ke6guj
            well, we know that a rifled bore 12ga pistol is considered a DD since it has a rifled bore over .50" and does not qualify for the sporting purposes exemption.

            IIRC, With rifled-bore shotguns, there has been "some" greyness regarding DD in the past.
            So its kosher if I shoot non rifled slugs bigger than .50 through my shotgun because of the sporting purposes exemption?
            WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
            Thanks

            Comment

            • #7
              BigDogatPlay
              Calguns Addict
              • Jun 2007
              • 7362

              Originally posted by ke6guj
              well, we know that a rifled bore 12ga pistol is considered a DD since it has a rifled bore over .50" and does not qualify for the sporting purposes exemption.
              Since the OP didn't post his inquiry was concerning an AOW, I assumed that he was talking about an above minimum shotgun. You're quite right on the above.

              IIRC, With rifled-bore shotguns, there has been "some" greyness regarding DD in the past.
              New one on me. Had not heard of any issues, but would be interested to know more. I'm not aware of a specific California statute that would declare a shotgun (not SBS or AOW) as a DD by means of switching to a rifled barrel. If someone has a cite it would be great to see it.

              Assuming that the gun is above minimum lengths, you can buy rifled barrels on line or from an LGS that are designed to accurately shoot sabot slugs.
              -- Rifle, Pistol, Shotgun

              Not a lawyer, just a former LEO proud to have served.

              Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

              Comment

              • #8
                Shrubmaster
                Senior Member
                • Apr 2010
                • 1359

                Originally posted by BigDogatPlay
                Since the OP didn't post his inquiry was concerning an AOW, I assumed that he was talking about an above minimum shotgun. You're quite right on the above.



                New one on me. Had not heard of any issues, but would be interested to know more. I'm not aware of a specific California statute that would declare a shotgun (not SBS or AOW) as a DD by means of switching to a rifled barrel. If someone has a cite it would be great to see it.

                Assuming that the gun is above minimum lengths, you can buy rifled barrels on line or from an LGS that are designed to accurately shoot sabot slugs.
                I'm shooting sabot slugs right now, but I'm looking at some"hubel" style slugs that are not saboted and well beyond .50.
                WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
                Thanks

                Comment

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

                  Originally posted by BigDogatPlay
                  Since the OP didn't post his inquiry was concerning an AOW, I assumed that he was talking about an above minimum shotgun. You're quite right on the above.
                  I was using it more as an example.

                  New one on me. Had not heard of any issues, but would be interested to know more. I'm not aware of a specific California statute that would declare a shotgun (not SBS or AOW) as a DD by means of switching to a rifled barrel. If someone has a cite it would be great to see it.

                  Assuming that the gun is above minimum lengths, you can buy rifled barrels on line or from an LGS that are designed to accurately shoot sabot slugs.
                  this did come up in one of the "circuit judge" legality conversations. the .45LC/410 Circuit Judge is felt to be legal because it is a rifle, and not a shotgun, due to the rifled barrel. If that is the case, why can't I put a rifled barrel on a Saiga-12 and say that it is now a rifle? With a featureless S-12, I'd be able to run detachable magazines in it wihout violating the shotgun AW regs, since it isn't a shotgun anymore. But, if it isnt' a shotgun anymore, does it still have a DD exemption like a normal shotgun does? That is what I meant about there being some greyness.
                  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
                    BigDogatPlay
                    Calguns Addict
                    • Jun 2007
                    • 7362

                    Originally posted by ke6guj
                    I was using it more as an example.


                    this did come up in one of the "circuit judge" legality conversations. the .45LC/410 Circuit Judge is felt to be legal because it is a rifle, and not a shotgun, due to the rifled barrel. If that is the case, why can't I put a rifled barrel on a Saiga-12 and say that it is now a rifle? With a featureless S-12, I'd be able to run detachable magazines in it wihout violating the shotgun AW regs, since it isn't a shotgun anymore. But, if it isnt' a shotgun anymore, does it still have a DD exemption like a normal shotgun does? That is what I meant about there being some greyness.
                    I see where you're going with this and your point makes some sense. However, if you changed out the smooth bore 12 gauge barrel on a Saiga with a rifled 12 gauge barrel that still shoots 12 gauge shotgun shells, I'd think that no different than hanging a rifled deer barrel on an 870. It's still a 12 gauge shotgun.

                    I think the issue with the Circuit Judge is that it shoots both shotshells and metallic cartridge ammo and that's where the greyness comes in. If someone cooked up a metallic cartridge firing a bullet for a rifled 12 gauge barrel then I think you'd be triggering an issue, and potentially creating a DD. So long as it continues to shoot shotshells, it's simply a shotgun.. rifled barrel or not.

                    At least that's the way I see it.
                    -- Rifle, Pistol, Shotgun

                    Not a lawyer, just a former LEO proud to have served.

                    Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                    Comment

                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by BigDogatPlay
                      I see where you're going with this and your point makes some sense. However, if you changed out the smooth bore 12 gauge barrel on a Saiga with a rifled 12 gauge barrel that still shoots 12 gauge shotgun shells, I'd think that no different than hanging a rifled deer barrel on an 870. It's still a 12 gauge shotgun.

                      I think the issue with the Circuit Judge is that it shoots both shotshells and metallic cartridge ammo and that's where the greyness comes in. If someone cooked up a metallic cartridge firing a bullet for a rifled 12 gauge barrel then I think you'd be triggering an issue, and potentially creating a DD. So long as it continues to shoot shotshells, it's simply a shotgun.. rifled barrel or not.

                      At least that's the way I see it.
                      something like this?
                      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

                      • #12
                        Shrubmaster
                        Senior Member
                        • Apr 2010
                        • 1359

                        You guys are right on track as far as my situation goes. Fyi, I'm using brass hulls as well.
                        WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
                        Thanks

                        Comment

                        • #13
                          Shrubmaster
                          Senior Member
                          • Apr 2010
                          • 1359

                          Maybe a pic would help
                          I'll see what I can do.
                          WTB: Marlin 989 M2 stock (uncracked), and 989 M2 rifles
                          Thanks

                          Comment

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