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SB23 shotgun question

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  • rastro
    Member
    • Oct 2005
    • 196

    SB23 shotgun question

    SB23
    12276.1 (a)(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.
    Say you had a semi shotgun that did not have the ability to accept at detachable mag (such as an 1187, Benelli, or fixed mag S12) with a fixed, non-folding, non-telescoping stock.

    Would you be able to have a pistol grip and a vertical handgrip?

    As written, it has to meet both part A and part B to make it an AW.

    However, it does not state having more than one item from B makes it an AW, unlike the semi rifle AW definition (12276.1(a)(1)) which clearly states "and one of the following" from a list.

    The phrasing of part B is also seems vague enough that you could argue the first part, "A pistol grip that protrudes conspicuously beneath" is the qualifier, and "the action of the weapon, thumbhole stock, or vertical handgrip" is a list from which the first part would be applied to.

    My argument is that it can have more than one occurrence of part B.

    It would seem that it should have been written as, "Two or more of the following: (A) A folding or telescoping stock, (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, (C) A thumbhole stock, and (D) A vertical handgrip."

    In light of the Heller case, I guess I'm getting hung up on the semantics.

    No, I am not going to be the test case.
    Last edited by rastro; 07-01-2008, 7:44 AM.
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  • #2
    69Mach1
    Super Moderator
    CGN Contributor - Lifetime
    • Jan 2006
    • 15032

    The ways it's written, it does not allow you to combine a folding/telescoping stock with any other evil feature on a semi auto shotgun. They were very hung up on the folding/telescoping stock for some reason. If you don't have that kind of stock, evil features are OK.

    This is how I read it.
    SB23
    12276.1 (a)(6):
    A semiautomatic shotgun that has both of the following:

    A. A folding or telescoping stock.
    AND
    B. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    Last edited by 69Mach1; 07-01-2008, 8:01 AM.
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