Unconfigured Ad Widget

Collapse

Do I Own an Illegal Shotgun?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • JohnnyAppleseed
    Junior Member
    • Jan 2008
    • 46

    Do I Own an Illegal Shotgun?

    Hypothetical question from a "FRIEND" who recently asked me the following question:

    In the late 1970's or early 1980's, my dad bought a Remington single shot shotgun. At the time it was not required that you register your gun if it was a shotgun. I'm pretty sure he just bought it at Kmart and walked out with it the same day.

    During the mid 80's, he modified the barrel and stock making it a "sawed-off" shotgun of course. However, at the time, he was well aware of guidelines and made sure the gun followed the current guidelines of not cutting too much off the barrel or stock.

    I measured the gun (overall length) and barrel and they are within acceptable lengths according to the law.

    Recently I was reading that sawed-off shotguns may be illegal and/or require a special stamp from the ATF (costs $200 bucks). I read that the difference is whether the shotgun is smokeless vs. black powder but I'm not sure what that means exactly. Excuse my ignorance on that.

    I'm in Southern California and I have 3 questions...

    1. Do I need to somehow register this shotgun? My father bought it when shotgun registration was not necessary and when he died 10 years ago, my mother gave it to me. It is currently an unregistered weapon. My mother says he bought it sometime between 1978 and 1982 or so but she doesn't have an exact date.

    2. Is it illegal to own this simply because it's a sawed-off shotgun (keep in mind, the barrel is over 18 inches and overall gun length is almost 30 inches). It is of legal length, but is the fact that it's "modified" by my dad reason enough for it to be illegal since he technically just took a hacksaw to it?

    3. If it is illegal, what should I do with the gun? I don't want to get in trouble for owning it. Do I just take it to the local police or will they give me crap just for the fact that I have it in my possession?

    Thanks
    Last edited by JohnnyAppleseed; 10-20-2008, 6:41 PM.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    AFAIK, long gun transfers from your parents require no registration as long as they are not otherwise prohibited, such as AW or NFA.

    "sawed-off" is only illegal if it goes below 18" barrel / 26" overall length. Cutting down a 26" barrel to 18+" is legal if it doesn't go below 26" OAL.
    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
      QuarterBoreGunner
      Administrator
      CGN Contributor - Lifetime
      • Oct 2005
      • 9389

      I might edit this thread to a more "hypothetical" situation ASAP.
      /Chris

      I have a perfect Burning Man attendance record: zero.

      You do know there are more guns in the country than there are in the city.
      Everyone and their mums is packin' round here!
      Like who?
      Farmers.
      Who else?
      Farmers' mums.

      Comment

      • #4
        Backcountry
        Member
        • Sep 2008
        • 427

        1) No. There is no long gun registration in CA, save for the silly AWB.

        2) No. BATF specifies barrel less than 18 inches and/or overall length less than 26 inches.

        3) NA
        NSDQ

        Comment

        • #5
          Matt C
          Calguns Addict
          • Feb 2006
          • 7128

          As others have said, this sounds legal. But for future reference, the posting a question like this on the the internet is a really bad idea. Ask a lawyer next time. Check out tmllp.com, and put them on speed dial.
          I do not provide legal services or practice law (yet).

          The troublemaker formerly known as Blackwater OPS.

          Comment

          • #6
            JohnnyAppleseed
            Junior Member
            • Jan 2008
            • 46

            Thanks. Understood.

            Comment

            Working...
            UA-8071174-1