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14 inch barreled shotgun without tax stamp

Discussion in 'General Firearms Forum' started by JimBean, Apr 12, 2013.

  1. RWBlue

    RWBlue Mr. CISSP, CISA CLM

    23,523
    832
    Jan 24, 2004
    Never said I wanted one.
    Never said I needed one.

    But you said you didn't see a need, so I posted one.

    BTW, I never expected you to be one of those people who believed that just because someone doesn't have a need they shouldn't be allowed to have it people. Lets start with taking away all the cars that can go above the speed limit and all the motorcycles. Lets do it for the kids.
     
  2. mac66

    mac66 Huge Member Millennium Member

    6,115
    366
    Oct 28, 1999
    Blue Planet
    But if you had one you probably would find something to shoot with it. Just saying.:supergrin:
     


  3. mac66

    mac66 Huge Member Millennium Member

    6,115
    366
    Oct 28, 1999
    Blue Planet
    Back on topic...

    The federal definition of a short barreled shotgun is this.

    "8 USC § 921(a)(6) The term "short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches."

    The definition of a shotgun is ....

    “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. "

    Since the 14" smoothbore firearm in question is made from a virgin receiver and does not have or ever had a stock on it, and is not intended to be fired from the shoulder it is not a shotgun. Since it is not a shotgun, it is not "made from a shotgun (whether by alteration, modification, or otherwise)" Therefore, it can't be a short barreled shotgun and needs neither a NFA or AOW stamp. It is simply a firearm and thus unregulated.

    In simple terms, a short barreled shotgun is a made from a shotgun. Since this firearm was never a shotgun to begin with, i.e., never made from, altered, modified or otherwise, it can't be a short barreled shotgun.
     
    Last edited: Apr 17, 2013
  4. PattonT

    PattonT

    1,553
    49
    May 22, 2010
    South East
    I understand that but something else is it can't be a pistol because pistols can not have smooth bores.