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"SAWED-OFF" V/S SBS legality question

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  • #16
    Vertigofirearms
    Member
    • Mar 2013
    • 430

    Legally, the Serbu is generally an AOW, but I was being more specific by pointing out the "smoothbore laregebore pistol"

    Mechanically, the Serbu 870/500 would still be a shotgun without the NFA discrimination.

    Originally posted by SBCZILLA (ARFCOM)
    Its a ****in tube, one end capped, one end threaded. Dont over think it.

    Comment

    • #17
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      Under CA laws...

      The Serbu Super Shorty is considered a "handgun" [PC 16530] and a "short barrel shotgun" [PC 17180].

      However...
      Because it is defined Federally as an AOW, it is exempt from CA's short barrel shotgun laws. [PC 17710(a)]

      It is not exempt from CA's handgun laws or CA assault weapons laws.

      Which is why it is transferred as a single-shot pistol in CA, in order to comply with CA's "unsafe handgun" laws.



      Penal Code 16530
      (a) As used in this part, the terms "firearm capable of being concealed upon the person," "pistol," and "revolver" apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel
      less than 16 inches in length.
      (b) Nothing shall prevent a device defined as a "firearm capable of being concealed upon the person," "pistol," or "revolver" from also being found to be a short-barreled rifle or a short-barreled shotgun.

      Penal Code 17180
      As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled shotgun" means any of the following:
      (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length.
      (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell.
      (c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
      (d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
      (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.

      Penal Code 17710
      (a) The provisions listed in Section 16590 do not apply to "any other weapon" as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto.

      Penal Code 16590
      As used in this part, "generally prohibited weapon" means any of the following:
      (t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #18
        UnoShotUnoKill
        Senior Member
        • Dec 2010
        • 773

        Yeah, to imply that it has to come from the manufacturer that way is false and would also mean that all shotguns from any manufacturer were not allowed to be altered in any way. Like when people cut their stock down a little for a better length of pull would also be illegal according to that theory.

        Comment

        • #19
          SoldierLife7
          Joe Exotic For President
          CGN Contributor
          • Apr 2013
          • 2420

          Originally posted by Ninety
          For one I was trying to point you to a thread that may or may not of answered your questions had you paid attention..

          and I bumped your post you little ....
          Sweet!! I'm a little line of dots!!! HAHAHA!!!

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