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To: Balding_Eagle
OK, explain this to me, if the ATF requires 26", how can these shorter lengths be legal?

Federal, and most state, law has *two* separate criteria, both of which must be satisfied if a shotgun is not to be deemed a short-barreled shotgun subject to the National Firearms Act rules (which are pretty much, but not exactly, the same as those for machine guns). One is that the barrel or barrels be greater than 18" long, *and* that the overall length be less than 26". With a pump or semiauto, it's pretty hard to get under the 26" overall length if the barrel is 18" or more long. Not so for a single or double barrel break action shotgun. The only National Firearms Act case ever to be adjudicated by the Supreme Court involved a break action shotgun, which violated one and likely both of those criteria. (US vs Miller).

It's really too bad Miller didn't have a Thompson or a BAR instead of cheap Stevens break action shotgun. Things might have been different, since the Court would likely not have ruled that the lower court should not have taken judicial notice that one of those was a weapon suitable for militia purposes.

72 posted on 02/24/2007 11:42:06 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

OK, you, and a couple others have convinced me it's legal

Is it any good for home protection?

I have zero interest in shooting varmits with it, except for the two legged kind, and I want to make sure they go down to stay. The small size makes it attractive to keep in the bedroom.


76 posted on 02/24/2007 1:43:37 PM PST by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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