Posted on 11/18/2010 6:18:55 PM PST by optiguy
An interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that pistol grip shotguns are not shotguns has created an unforeseen legal liability for owners of such firearms. ATF’s Nov. 2009 FFL Newsletter declared:
Certain commercially produced firearms do not fall within the definition of shotgun under the GCA even though they utilize a shotgun shell for ammunition. For example, firearms that come equipped with a pistol grip in place of the buttstock are not shotguns as defined by the GCA.
Here’s another wrinkle, from Mike Vanderboegh at Sipsey Street Irregulars:
An October 27, 2010, letter from the Firearms Technology Branch ruled that such a firearm, with a 17" barrel and 26-1/4" overall length, was not subject to the National Firearms Act.
You can click here to read the letter.
That would seem to indicate there’s no issue with violating National Firearms Registration and Transfer Record (NFRTR) requirements, right? No worries if you own one, or want to buy one…?
Not so fast. If the pistol grip firearms are not “shotguns,” what are they?
The NFA Owners Association points us to the only “legal” definition seemingly available with which to classify these firearms (click on link for “National Firearms Act (NFA) of 1934, as amended” to open up the text):
[T]aken at face value, a "pistol grip firearm" with a bore diameter larger than 1/2" in diameter is a "Destructive Device" under the NFA, unless the Attorney General determines that it is "a shotgun . . . generally recognized as particularly suitable for sporting purposes." By determining that a "pistol grip firearm" is not a shotgun, it is difficult to understand how current law would not classify such as firearm as a Destructive Device."
A “Destructive Device”?
"Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes." Source: 26 U.S.C, Section 5845(f).
Which means registration on the NFRTR would be required. But there’s no way to do that retroactively, is there?
Per Vanderboegh:
It appears there are only two solutions: (1) change the law to revert things as they were before ATF made the foregoing rulings, or (2) establish an amnesty period so millions of "Pistol Grip Firearms" can be lawfully registered in the National Firearms Registration and Transfer Record (NFRTR) system.
Otherwise, he notes:
This action has apparently created millions of unregistered Destructive Devices, currently possessed by millions of law-abiding gun owners who do not realize they now illegally possess unregistered NFA firearms.
That is, depending on what ATF chooses to do next. Or what they have forced on them.
But certainly this is all hysteria and an unjustified over-reaction to some "poor wording"? Some would counsel us not to worry, broadly assuring:
There's no way these'll turn into NFA-controlled guns or suddenly become illegal.
Let’s hope such confidence is well placed, and the final word, and more authoritative than, say, the implications of ATF Ruling 95-3 (bearing in mind that per ATF, the pistol grip firearms in question are NOT shotguns, so any determination that they are “particularly suitable for sporting purposes” would be irrelevant by their own definition.)
What a confusing mess.
Ping.
Actually it is a brilliant tactic to scare and induce law-abiding citizens into registering shotguns;the tyrants don’t try to impose all their whims UNTIL AFTER disarming the people.This is just another little step towards that goal.
WE THE PEOPLE are being cornered. I agree.
Is a flare gun a destructive device now?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Who the hell takes a “pistol grip” shotgun hunting? Not me. A pistol gripped shot gun is strictly for personal protection in the home.
So BATF what are you going to do? Declare my pistol Gripped Shotgun an explosive device, or some other classification?
So I can’t sell it in the current form...I’ll put the stock and foregrip back on it, and sell the pistol grips with it to the new owner.
Who in the hell do these people think that they are? Time to get these RAT bastards out of our government. March through the institutions and do an ideological purity test on all government employees. Your a limited rights, anti-gun, welfare state, believer and you’re gone.
oh well, once we’re ‘criminals’ anyways...the rest are FReebies...
Isn’t the new head of the ATF a gun-grabber?
Maybe their just laying the foundation for the conservative victory in the next election cycle.
We’ve got to make sure our pro-gun union, Independent and Democrat voters know this. It’ll swing another election our way.
Saiga makes a good gun...so I hear ;)
They mention a shotgun with a 17” barrel. If you go buy a Mossberg 500, for example, the shortest barrel you can put on it is 18.5”. I’ve seen plenty of these with pistol grips on them, but they don’t have 17” barrels.
Where are these 17” barreled shotguns?
He hasn’t been confirmed yet. As if that really matters these days. But yes, Freeper marktwain posted an atricle this morning about him.
Wish I could have one of those in my state *drool*
Sounds like they’re getting ready for some raids on Day Care Centers.
As a gunstore owner and gunsmith I must disagree with your post. There are MANY shotguns with pistol grips that are configured for hunting. They have full length buttstocks and pistol grips. The pistol grip reduces felt recoil by distributing recoil against more surface and makes the shotgun more controllable for a second shot which is particularly helpful when turkey hunting, etc. I am old school and do not use a pistol gripped shotgun, but power to those who do.
However, when I was a younger man, and a member of an entry team, I did carry a shotgun with a pistol grip.
[T]aken at face value, a "pistol grip firearm" with a bore diameter larger than 1/2" in diameter is a "Destructive Device" under the NFA, unless the Attorney General determines that it is "a shotgun . . . generally recognized as particularly suitable for sporting purposes." By determining that a "pistol grip firearm" is not a shotgun, it is difficult to understand how current law would not classify such as firearm as a Destructive Device... [That is] Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes." Source: 26 U.S.C, Section 5845(f).
That’s an NFA firearm. Those are already niche items, not something you see every day.
The article makes it sound like there are millions of these out there in private hands just begging for an ATF raid.
I suppose it sounds redundant:
“Isn’t the new head of the Gun-Grabbers a gun-grabber?”
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