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ATF position on pistol grip 'shotguns' creates new danger

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  • pat038536
    Member
    • Feb 2009
    • 499

    ATF position on pistol grip 'shotguns' creates new danger

    Is this still accurate? I just read this today. Is this something we need to be concerned with?

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    An interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that pistol grip shotguns are not shotguns has created an unforeseen legal liability for owners of such firearms. ATF’s Nov. 2009 FFL Newsletter declared:http://www.nfaoa.org/documents/ffl-n...er-2009-11.pdf
    Last edited by Kestryll; 11-15-2010, 6:54 PM.
    Peace demands solutions, but we never reach living solutions; we only work toward them. A fixed solution is, by definition, a dead solution. The trouble with peace is that it tends to punish mistakes instead of rewarding brilliance.
    Bureaucracy destroys initiative. There is little that bureaucrats hate more than innovation, especially innovation that produces better results than the old routines. Improvements always make those at the top of the heap look inept. Who enjoys appearing inept?
  • #2
    PolishMike
    Calguns Addict
    • Nov 2007
    • 6034

    Its a "other" firearm.

    This article seems like the author tried to write about something he knew nothing about.

    Originally posted by wiki
    Destructive Device= Any non-sporting firearm with a bore over 0.50", such as a 40mm grenade launcher often used in conjunction with military rifles. (Many firearms with bores over 0.50", such as 12-gauge shotguns, are exempted from the law because they have been determined to have a legitimate sporting use.)
    Last edited by PolishMike; 11-15-2010, 6:06 PM.
    Artist formally known as CEO of Tracy Rifle and Pistol

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    • #3
      freonr22
      I need a LIFE!!
      • Dec 2008
      • 12945



      some discussion here
      sigpic
      Originally posted by dantodd
      We will win. We are right. We will never stop fighting.
      Originally posted by bwiese
      They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
      Originally posted by louisianagirl
      Our fate is ours alone to decide as long as we remain armed heavily enough to dictate it.

      Comment

      • #4
        Kharn
        Senior Member
        • Aug 2009
        • 1219

        Pistol-grip-only firearms have been unable to be sold as shotguns since at least 1998. What do you see as the potential issue? They are "Title I Firearms" and in free states they can be sold to anyone over 21 like other Title I Firearms (1919A4, etc). Firearms using 12ga shells are presumed to be sporting unless declared otherwise (USAS12, Stryker and Street Sweeper were declared DDs by Clinton by name).

        Comment

        • #5
          freonr22
          I need a LIFE!!
          • Dec 2008
          • 12945

          ohh noe, my mossberg 500 w/ a pistol grip is illegal
          sigpic
          Originally posted by dantodd
          We will win. We are right. We will never stop fighting.
          Originally posted by bwiese
          They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
          Originally posted by louisianagirl
          Our fate is ours alone to decide as long as we remain armed heavily enough to dictate it.

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27621

            Again, anyone with a standard Mossberg 500 "Cruiser" or PG-only 870, etc. which has an 18" or longer barrel/26" length is fine and has nothing to worry about.

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
            sigpic
            No postings of mine here, unless otherwise specifically noted, are
            to be construed as formal or informal positions of the Calguns.Net
            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
            employer. No posts of mine on Calguns are to be construed as
            legal advice, which can only be given by a lawyer.

            Comment

            • #7
              winnre
              Calguns Addict
              • Apr 2010
              • 9214

              A shotgun is a shoulder fired firearm. I pick up my Serbu tomorrow, it fires 12ga shells but is not a shotgun. The Taurus Judge is not a shotgun either.

              By having a 17" barrel he made an AOW, correct?
              "If Jesus had a gun he would be alive today"-Homer Simpson

              Comment

              • #8
                Kharn
                Senior Member
                • Aug 2009
                • 1219

                No, that is the point of the latest letter. The definition of AOW includes 'concealable' and the ATF has used <26" as the benchmark for concealable since 1934. So, they grudgingly admitted that if you made a smooth-bore pistol-grip-only weapon that was over 26" in length it would not be an AOW, regardless of barrel length.

                Comment

                • #9
                  winnre
                  Calguns Addict
                  • Apr 2010
                  • 9214

                  Originally posted by Kharn
                  No, that is the point of the latest letter. The definition of AOW includes 'concealable' and the ATF has used <26" as the benchmark for concealable since 1934. So, they grudgingly admitted that if you made a smooth-bore pistol-grip-only weapon that was over 26" in length it would not be an AOW, regardless of barrel length.
                  Interesting pickle as yes a shotgun needs a stock.
                  "If Jesus had a gun he would be alive today"-Homer Simpson

                  Comment

                  • #10
                    bwiese
                    I need a LIFE!!
                    • Oct 2005
                    • 27621

                    I really wish this thread hadn't come up.

                    It added (incorrectly) perceived worry to the common 18"bbl/26" OAL "Cruiser" PG-only shotgun situation where there is none.

                    Bill Wiese
                    San Jose, CA

                    CGF Board Member / NRA Benefactor Life Member / CRPA life member
                    sigpic
                    No postings of mine here, unless otherwise specifically noted, are
                    to be construed as formal or informal positions of the Calguns.Net
                    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                    employer. No posts of mine on Calguns are to be construed as
                    legal advice, which can only be given by a lawyer.

                    Comment

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

                      the concern about this has been around for years, with the assumption that ATF dropped the ball by allowing PG-only "shotguns" to be sold for years without calling them DDs. Some people saw that there was a potential DD issue but by ATF not calling them DDs and allowing them to be sold, they basicially "confirmed" the legality of them.
                      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

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