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legal question..
hillbille
Member Posts: 14,461 ✭✭✭✭
I know a sawed off shotgun is illegal, is the receiver and pistol grip of said weapon illegal if you don't own/have the barrell?????
Comments
I would venture a guess and say no, probably depending where you live. Just remember that if a barrel is attached OAL must be at least 26".
So in other words you have a receiver, no, it is not illegal to have a firearm receiver.
Barrel length and overall determines classification. If the receiver was registered as a SBS, barreled or not, it would require a valid tax stamp for possession. Otherwise, without a barrel you just have a receiver, which could be made into any one of several types of firearms; not all of them subject to the NFA.
Question? Rifled barrels for shotguns are fairly common now. Would a shotgun receiver with a short rifled barrel be considered as a legal handgun? I know one with smooth bore barrel isn't legal without a tax stamp. I'm asking this because both S & W and Taurus, make 410 revolvers that are legal because of their rifled barrels.
Snowman, the problem is that we don't know anything about the receiver. Did it emerge from whatever factory produced it wearing a butt stock? or was it a pistol grip shotgun at birth (think Mossberg Cruiser)? This makes a huge deference as to what can be done with it after the fact.
The devil is in the details...and we given none to work with.
it was a model 37A 12ga, someone cut the barrell down to the end of the forearm, and made a pistol grip out of the stock, fellow was gonna give it to me, I told him I didn't want it it was illegal, but would take the forearm and receiver if he was just gonna trash it, that is all that was given to me, receiver still has homemade pistol grip attached, don't know what he did with the barrell and don't care.
In that case, it was a firearm made from a shotgun and not a short barreled shotgun. For all intents and purpose's it makes no difference, but legally (which is what you wanted) it was not an SBS. With a Model 37A barrel of any length above 18" and a butt stock you can remake the receiver into a shotgun. If you keep the pistol grip, you'll need a minimum 18" barrel and a minimum OAL of 26."
thanks just wanted to make sure the pistol grip attached to the receiver was ok to have, was gonna put on table at next gun show for few bucks, IF we have any more local shows with virus and all.......
I'm not a lawyer, (thank god). But if the pistol grip disappears and winds up as kindling. What you have left is the receiver and forearm. You can either get a replacement barrel and stock, to put it back in almost original condition. Or sell the receiver and forearm on our auction. Either with a clear conscious. You never had a sawed off shotgun in your possession. This is my 2 cents. Whether it will stand up legally, I don't know?
Re: 12 g rifled bore, short barrel, pistol grip- can it be considered a pistol?
As Ricky said to Lucy- you got some "splaining to do.
Yes, there are .410 revolvers with rifled barrels. Your next step up in bore size is the fairly rare 32 g shotgun, which has a bore diameter of .526" Please note that is larger than .50 cal,
Larger than .50 cal, you have an NFA "Destructive Device" unless you can demonstrate that there is a legitimate sporting purpose. Be very careful with creative thought in that arena,
Legal advice from the likes of us - what could possibly go wrong? :)
I believe (there's a hint of my expertise) constructive possession applies federally regarding SBS. Constructive possession means that while one may not have physical possession they maintain lawful control of an item. If the -18" bbl is at a friend's house it could be said that one has ownership and control. Such are the things to take into consideration regarding "not having" the barrel.