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Old June 13, 2013, 09:11 PM   #26
Garycw
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Is a rifled shotgun still a shotgun?

I can't understand how a 12" smooth bore .410 pistol is a class III, but a judge 4" , or a 2" derringer .410 etc is fine and dandy just because it has a little bit of rifling ???
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Old June 14, 2013, 09:30 AM   #27
Nickel Plated
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Quote:
Actually, no. Technically what is a destructive device as used in relation to firearms is a creature of definition. I will use the federal definition, which expressly excludes shotguns from classification as destructive devices. Technically, you would be correct if said law included it in the definition, but provided for it not to be subject to the same restrictions. This assumes that we are speaking of a shotgun which the Secretary finds is generally recognized as particularly suitable for sporting purposes.
Actually, if I read it correct. The law does not specifically exempt shotguns. It simply gives the AG the sole discretion to exempt ones he feels have a sporting purpose. If the AG wanted to, tomorrow he could remove those exemptions at will. Thats what happened to the Street, Sweeper and other shotguns. They were not declared DDs because they already were DDs from the start. They were just declared to no longer be exempt from the regular rules.
So shotguns with a bore over 50 cal are infact DDs that you just don't need all the regular paperwork for. For now.
But like I said this is all technicalities, sine if the AG suddenly decided to turn one of the most popular guns in america into an NFA item, he would quickly see what mass non compliance looks like.
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Old June 14, 2013, 05:08 PM   #28
Brian Pfleuger
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The AG could do that, in theory, but in the world post McDonald and Heller he'd lose in the long run. Firearms "in common use" can not be banned. I'm quite certain that classifying them as DDs would qualify as a De Facto ban. The very same principle is one of the foundational arguments against the NY SAFE Act, which also effectively bans almost all shotguns due to their ability to accept more than 7, 1 3/4" "mini shells".
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Old June 20, 2013, 12:45 AM   #29
Buzzard Bait
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but what about game laws

So its special shot gun only season and you take your shot gun but switch to a rifled barrel could the law and the game warden consider it to be a rifle and you to be in violation of the shot gun only season rules? Does shot gun mean smooth bore? It's a legitimate question how do the game wardens define shotgun is it smooth bore?
bb
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Old June 20, 2013, 01:21 AM   #30
Dreaming100Straight
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The one thing I believe this thread has established is you need to look to how a particular jurisdiction defines whether a firearm is treated as a shotgun or as a rifle.
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Old June 20, 2013, 05:39 PM   #31
Jim243
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In reviewing the new form 4473, section D box 29 indicates if the purchase is a pistol, revolver, rifle or shotgun. if in the opinion of the federal government the firearm is a shotgun, I would think that that would be what it is.

Nowhere on the form does it indicate if it has a rifled or smooth bore barrel.

While a rose by any other name might smell as sweet. A shotgun is a shotgun is a shotgun, or so a reasonable man would think.

Jim
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Old June 20, 2013, 08:18 PM   #32
Brian Pfleuger
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Is a rifled shotgun still a shotgun?

Quote:
Originally Posted by Buzzard Bait View Post
So its special shot gun only season and you take your shot gun but switch to a rifled barrel could the law and the game warden consider it to be a rifle and you to be in violation of the shot gun only season rules? Does shot gun mean smooth bore? It's a legitimate question how do the game wardens define shotgun is it smooth bore?
bb
Rifles shotguns are allowed in all shotgun-only areas. I honestly don't know the exact change. They weren't allowed and all of a sudden they were. I don't really know what changed or why, I never cared to look.
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