Illegal shotgun?

[sonogy47]

I inherited a sawed off 12 gauge shotgun. I just measured the barrel with a tape measure. It is 18.5 inches. The total length including the stock and barrel is 33.5. This is a correction to the barrel length I posted yesterday. I assumed it was shorter since it was sawed off.

[comn-cents]

how short? i think its a federal law nothing less than 18in.

[sonogy47]

I just got out the tape measure and the barrel is 18.5 inches. The total length including barrel and stock is 33.5. This is a correction to the length I posted earlier. I should have measured before asking.

[SkyKing1]

You're shotgun is in violation of the NFA and would send you directly to prison if you happened to use it in any capacity! Might I remind you that the BATFE along with the state of Wisconsin just sent a man to federal prison(Sandstone, MN)for 2-years simply for loaning out his AR-15 that malfunctioned and fired a three round burst! While I would love to argue that all federal firearms laws are illegal and a violation of the Second Amendment(they are)that still doesn't change the fact that the federal government is relieving otherwise squeaky clean Americans of their liberty for violating their illegal gun laws! My advice, contact an attorney to see if you're even safe in alerting your local sheriff's office as to the existence of the weapon so they can remove it(legally)from your home! I'm not kidding! Get rid of it....

[comn-cents]

what kind of gun? Can the barrel be replaced?
Replace it and hammer that old barrel flat.
You don't even need to shoot it to get in trouble, just having it.

[Frank Ettin]

What he said. Mere possession of that shotgun is a federal felony. If an LEO find you in possession of that shotgun, whether or not you used it in self defense, you will be going to jail and paying a lawyer a lot of money to try to get you the best deal possible.

[djohn]

I think you should seperate the barrel from stock and make it a none functional for the time being.I would not want to be caught up with that.contact a lawyer afterwards.If you turn it in give it to them in pieces.

[KLRANGL]

I guess it's 14 inches or shorter.

Maybe you should measure it. You know, with a ruler. From the end of the chamber to the end of the barrel.
If it is under 18inches (or 18.5 if you wana be safe), ditch it ASAP.
Homework:
http://en.wikipedia.org/wiki/National_Firearms_Act
http://en.wikipedia.org/wiki/Sawed-off_shotgun

Its not the one in this pic per chance is it? Far right
http://www.thefiringline.com/forums/...8&d=1244172794

[BMSMA]

Does anyone happen to know if there is a grandfather clause to the federal law or is it all shotguns...period?

[Hank D.]

I do believe that the standard for shot guns Is 18" or longer and 16" for rifles, Or very close to that!
Did not the ATF set up Randy Weaver back In 1992, In or on Ruby Ridge , Idaho, thay had him cut the barrol of a shot gun down to 17-1/2" or something like that. Just another case of our great Goverment looking out for us:barf: Semper FI to all, Hank D.

[tomgun]

i believe the measuring is with the longest round itll accept chambered,saftey on,insert a dowel down the barrell till it meets the round,mark it and measure.

[stargazer65]

Hank check your keyboard I think it's on full auto.

[Doyle]

believe the measuring is with the longest round itll accept chambered,saftey on,insert a dowel down the barrell till it meets the round,mark it and measure

Not exactly. The method is accurate, but it is measured to the bolt face - not the round. Do it while unloaded.

[hogdogs]

Tomgun, That was a tactic used in some areas or by some LEO's...
Michigan officers often told folks that was how to measure in the 1970's...
Would it be legal to remove or shorten the firing pin and weld hole and/or have a steel plug welded in the breech so it cannot take a shell? That way he has both an heirloom as well as a neat knick knack conversation piece...
Brent

[johnwilliamson062]

smash the barrel and see if you can get a replacement. Is this a possible antique exception? I never thought about antique SBRs and SBSs.

[grymster2007]

Might I remind you that the BATFE along with the state of Wisconsin just sent a man to federal prison(Sandstone, MN)for 2-years simply for loaning out his AR-15 that malfunctioned and fired a three round burst!

If you're talking about Olofson, I think he did more than just lend out a weapon that just happened to malfunction and shoot automatically. This case will be different in that the OP inherited an illegal weapon rather than personally making it illegal and if he immediately comes forward to turn it in, he should not be prosecuted.

[skydiver3346]

Hi Sonogy47,
I believe you are in serious trouble if you are "caught" with this shotgun.
Whether you shoot it at someone or in your possession. It is a federal offense to own or have any shotgun barrel under 18" (as the others have already stated). I belive it is a $10,000. fine or (10) years in prision for this offense if I recall correctly?

[KLRANGL]

Lots of "smash the barrel" talk. Why not just get it registered in the NFA database?
$200, a two applications with fingerprint cards and photos is all you need.
http://www.atf.gov/forms/pdfs/f53201.pdf

Does anyone happen to know if there is a grandfather clause to the federal law or is it all shotguns...period?

The grandfather clause was for any short barrel shotgun already in existence could be registered in the NFA database (for free I think) and be legally owned. Still has to be in the database one way or another, but that brings up an interesting point. Was it actually registered in the database? If it was, transferring it to your name is cheap and easy. Again, all assuming that it is shorter than 18inches, which I doubt. The side-by-side shotguns always look shorter than they really are.

Edit:

Not exactly. The method is accurate, but it is measured to the bolt face - not the round. Do it while unloaded.

I just double checked this, and you are right. My 870 with 18.5inch barrel measures 18.5inches to the bolt face exactly. As I said above, side by side and break barrel shotgun look shorter than they really are, because the bolt face is located farther back than on a pump or auto shotgun. The stoeger coach gun always looked like 14-16inches to me, but I was surprised to find that it was actually 20 inches. Gota bust out that tape measure to be sure.

[carguychris]

Is this a possible antique exception? I never thought about antique SBRs and SBSs.

There are historical exceptions. The ATF has excluded a few historic shotgun models from the NFA and deemed them either Antiques (pre-1/1/1899, no FFL required for transfer) or Curios & Relics (C&R FFL necessary for transfer). Check Sections III and IIIA here:

http://www.atf.gov/firearms/curios/2001index.htm

Two caveats:

A gun must be in its original configuration to be considered an Antique or C&R. This regulation has been recently discussed at length in the TFL C&R subforum, and the definition of "original configuration" can be somewhat nebulous, but IMHO most radical modifications to a gun's original configuration are fairly obvious and easy to determine. (Half the stock missing? Not original. Barrel cut? Not original.)

The guns in Section IV are still covered by the NFA. They must be registered in the NFA database for legal ownership. They can be transferred across state lines by C&R licensees without needing a Class III dealer, which cuts through some red tape during sale, but doesn't help someone who finds themselves in possession of an unregistered NFA gun. Consult the NFA subforum for more details.

[sonogy47]

That was really dumb of me to post that question BEFORE I actually measured it. I just got out the tape measure and it is 18.5 inches. You guys had me really nervous for a second. I always thought it was under 18 inches until I measured it today because it has been sawed. I just never thought to actually measure it.

[tony pasley]

18.5" legal but is the over all length under 26 " that is a factor also.

[johnwilliamson062]

I don't think you can add a gun to the NFA registry if it is already chopped. You have to get the licenses before you do the work. there was an amnesty when the restrictions first came into play and it had to be registered then, or at least that was my understanding.

[Don P]

Simply put, the shot gun is legal.