Revolver 410 shotgun legality?

[eatmoredonuts]

This is a shotgun I'm trying to figure out why it may/may not be CA legal, per this guy in the video below, at about 30 sec in:

Lazer Arms XR410 / Landor Arms TXS 804

https://youtu.be/bpe83TcCI4s

I checked the flowchart but that's basically for rifles AFAIK, anyone care to fill me in?

[RickD427]

This is a shotgun I'm trying to figure out why it may/may not be CA legal, per this guy in the video below, at about 30 sec in:

Lazer Arms XR410 / Landor Arms TXS 804

https://youtu.be/bpe83TcCI4s

I checked the flowchart but that's basically for rifles AFAIK, anyone care to fill me in?

Handguns that fire shotgun shells are generally illegal in California.

The reason is California's unique definition of a "Short Barrel Shotgun" as defined in Penal Code section 17180 and made a felony to possess in section 33215.

In order to be California-legal, the barrel must be at least 18" and the overall length must be at least 26".

This is an excellent example of where a very slight difference in wording between the federal definition, and the California definition makes a substantial difference in the outcome.

The federal definition of a "Short Barrel Shotgun" (refer to 26USC5845) is a "Shotgun" that has a barrel less than 18", or an overall length of less than 26". A "Shotgun" is further defined as having a smooth bore. The .410 Pistol falls out side of the federal definition of a "Short Barrel Shotgun" because it has a rifled bore and is therefore not a shotgun.

But California applies the 18" and 26" criteria to "any firearm" instead of "shotguns" and therefore includes the .410 pistols.

The devil is in the details. You've got to read, and consider the meaning, of every word in a statute.

[Quiet]

Handguns that fire shotgun shells are generally illegal in California.

The reason is California's unique definition of a "Short Barrel Shotgun" as defined in Penal Code section 17180 and made a felony to possess in section 33215.

In order to be California-legal, the barrel must be at least 18" and the overall length must be at least 26".

This is an excellent example of where a very slight difference in wording between the federal definition, and the California definition makes a substantial difference in the outcome.

The federal definition of a "Short Barrel Shotgun" (refer to 26USC5845) is a "Shotgun" that has a barrel less than 18", or an overall length of less than 26". A "Shotgun" is further defined as having a smooth bore. The .410 Pistol falls out side of the federal definition of a "Short Barrel Shotgun" because it has a rifled bore and is therefore not a shotgun.

But California applies the 18" and 26" criteria to "any firearm" instead of "shotguns" and therefore includes the .410 pistols.

The devil is in the details. You've got to read, and consider the meaning, of every word in a statute.

In addition, CA defines a shotgun as a firearm that can discharge shotgun shells through a non-rifled barrel and intended to be fired from the shoulder. [PC 17190]

CA assault weapons laws for shotguns prohibits a shotgun from having a revolving cylinder. [PC 30515(a)(8)]

If the firearm has a shoulder stock and a rifled barrel, then it meets the definition of a rifle [PC 17090] and the CA assault weapons laws for shotguns do not apply to it.

Therefore...

A firearm that is chambered in .410 that has a rifled barrel that is 18" or greater in length, has a shoulder stock, and has a cylinder = CA legal rifle.

A firearm that is chambered in .410 that has a rifled barrel that is less than 18" in length, has a shoulder stock, and has a cylinder = CA illegal SBS, due to being a firearm that can discharge shotgun shells and has a barrel length of less than 18". [PC 17180(a)]

A firearm that is chambered in .410 that has a non-rifled barrel that is 18" or greater in length, has a shoulder stock, and has a cylinder = CA illegal assault weapon, due to being a shotgun with a revolving cylinder. [PC 30515(a)(8)]

[eatmoredonuts]

Thank you gentlemen. I looked up 30515 and wouldn't have found it if you guys had not posted it.

https://california.public.law/codes/ca_penal_code_section_30515

(case closed)

[mk2dave]

Out of curiosity, gents, what about a Taurus Judge chambered in a 410/45 (long?) Colt?

I'm guessing the pistol itself is legal if loaded with 45 LC, but loading it with 410 would be a no go due to PC's previously described.

[DrewN]

Out of curiosity, gents, what about a Taurus Judge chambered in a 410/45 (long?) Colt?

I'm guessing the pistol itself is legal if loaded with 45 LC, but loading it with 410 would be a no go due to PC's previously described.

Nah, prohibited as above.

[Quiet]

Out of curiosity, gents, what about a Taurus Judge chambered in a 410/45 (long?) Colt?

I'm guessing the pistol itself is legal if loaded with 45 LC, but loading it with 410 would be a no go due to PC's previously described.

Nah, prohibited as above.

Answer in Post #2.

Illegal SBS. [PC 17180(a),(b)]

[mk2dave]

Answer in Post #2.

Illegal SBS. [PC 17180(a),(b)]

Got it. Because it can accept shotgun shells, even if not used in this manner, it's on the no go list.

[bwiese]

Got it. Because it can accept shotgun shells, even if not used in this manner, it's on the no go list.

Unless NFA AOW'd but I've been told Feds have stopped AOWing Judges,
Governors, etc. [and may even have pullted the stamp, unclear].