Quote:
|
Originally Posted by ShootistPRS
It is clearly not a "shotgun" or a rile or pistol because it is a smooth bore. Doesn't that place it in the "Any other firearm" category?
|
You're thinking "Any Other Weapon". In this case, it wouldn't be an AOW since the overall length is over 26" and it's not being concealed on someone's person.
Quote:
|
Originally Posted by ShootistPRS
It is a firearm and the definition of a pistol fits, with the exception of a rifled barrel.
|
So that makes it not a pistol. That's why it's a non-NFA "other": it's a smooth-bore firearm with an overall length over 26".
Quote:
|
Originally Posted by ShootistPRS
It is also shooting a larger projectile than .50 caliber... "a destructive device"?
|
Traditional shotgun shells are exempted from the federal definition of "destructive device". This firearm isn't legally a shotgun, but it fires shotgun shells.
Quote:
|
Originally Posted by ShootistPRS
If the manufacturer of the pistol grip only gun a "shotgun" does that leave a loophole for the ATFE to call it a short barreled shotgun?
[...]
but the manufacturer calls it a shotgun. They never come out and say what you are doing is legal. I'm not sure that you have a valid defense since you knew when you ordered it that it was a shotgun.
[...]
I know that if I make a shotgun from scratch without a shoulder stock and keep the overall length 26 inches it is considered a shotgun whether it has a shoulder stock or not.
|
No. Per federal law, it's not a shotgun if it has never had a stock installed on it. It doesn't matter what the manufacturer calls it and it doesn't matter what you call it. What matters is the stock.
Quote:
|
Originally Posted by ShootistPRS
Bill, I don't doubt your belief but the letters in the link from the ATF did not say it was legal.
|
Actually they did. They made it very clear what category this firearm does and does not fall into. But the ATF doesn't make the law. In this case, the ATF letters are simply stating what is already written in federal law: This firearm doesn't fall into the category of a pistol; this firearm doesn't fall into the category of a shotgun; this firearm doesn't fall into the category of a destructive device; this firearm doesn't fall into the category of a short-barrel shotgun; this firearm doesn't fall into the category of an AOW; the only category this firearm falls into is a non-NFA "other firearm". Keep it over 26" in OAL, keep a stock off it, and don't try to carry it concealed, and it will stay as an other firearm.