Well I'm no lawyer or cop but I say that if you hypothetically came across something like that and you didn't buy it out of a Chevy caprise's trunk in a dark alley on the not so nice part of town then I say it was a gift and hide it very very well. Hypothetically of course. It would not be my primary HD gun and I would not keep it in my safe. I would part it out and maybe keep it for SHTF. But that is a personal choice I would be very very careful with your hypothetical situations.
Hypothetical question on a short-barrel shotgun
Let's say I came into an illegal short-barrel shotgun with stock and barrel sawed off.....hypothetically of course. Would you keep it on the down low or attempt to go through the ATF procedure of making it legal knowing full well of the horror stories involving law abiding citizens attempting to do the right thing, but then the ATF barreling down on them. This is all hypothetical, of course.
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I don't understand why people still saw off stocks since pistol grip stocks are so cheap. I would replace it with a real stock.Let's say I came into an illegal short-barrel shotgun with stock and barrel sawed off.....hypothetically of course. Would you keep it on the down low or attempt to go through the ATF procedure of making it legal knowing full well of the horror stories involving law abiding citizens attempting to do the right thing, but then the ATF barreling down on them. This is all hypothetical, of course.
Hypothetically, I would do one of the following to deal with the barrel:
- Weld up the action, so it can't be considered a firearm
- Buy a new normal length barrel, and call it done.
- Take the barrel off, and move to a different physical location(like at work). If the parts aren't together it's not an SBS. Then you can register it as an SBS, and put it back together when you get your stamp.
Your problem would be the barrel. I would buy a 18" barrel or find some kind of muzzle break to weld on the end of the barrel to make it 18". To bad it's not a registered AOW. The transfer fee is only $5 vs $200 for a SBS.
It depends on what it is.
If it was worth it, I'd buy the stuff to return it to legal, and keep the other stuff in a safe place for a rainy day. If it was some old crappy single shot or something, I'd get rid of it, not worth the risk. If it was a side by side double barrel, I'd consider keeping it, but that's just me, always wanted one. I'd definitely tell everybody I got rid of it regardless of what I actually did.
If it was worth it, I'd buy the stuff to return it to legal, and keep the other stuff in a safe place for a rainy day. If it was some old crappy single shot or something, I'd get rid of it, not worth the risk. If it was a side by side double barrel, I'd consider keeping it, but that's just me, always wanted one. I'd definitely tell everybody I got rid of it regardless of what I actually did.
I agree that it real depends on what it is. Even if it's crap. You could disassemble it and sell the parts. Not at the same time.If it was worth it, I'd buy the stuff to return it to legal, and keep the other stuff in a safe place for a rainy day. If it was some old crappy single shot or something, I'd get rid of it, not worth the risk. If it was a side by side double barrel, I'd consider keeping it, but that's just me, always wanted one. I'd definitely tell everybody I got rid of it regardless of what I actually did.
Lets say I got it after a family member passed. What if the hypothetical shotgun was an old Ithaca double barrel with the wood stock cut off, sanded down and refinished and the barrels cut about an inch past the forend. Hypothetically, it's too cool to revert back to stock form. I'd be afraid to start the paperwork with ATF. What if they wanted to confiscate it?
What is the minimum legal length barrel of a pump and measured from where to where?
In the US, shotguns originally manufactured without shoulder stocks, having their barrels shortened to under 18 inches, are classified as an "Any Other Weapon" by the BATFE and have a $5 transfer tax, if they are manufactured by a maker possessing the appropriate Class 2 Special Occupational Taxpayer Federal Firearms License. However, in order to convert an existing shoulder-stocked shotgun to a short-barreled shotgun or an existing pistol-grip-only shotgun to an "Any Other Weapon", a private citizen must pay the standard $200 NFA tax.[1]Lets say I got it after a family member passed. What if the hypothetical shotgun was an old Ithaca double barrel with the wood stock cut off, sanded down and refinished and the barrels cut about an inch past the forend. Hypothetically, it's too cool to revert back to stock form. I'd be afraid to start the paperwork with ATF. What if they wanted to confiscate it?
If they investigate to find you have manufactured the weapon before having the stamp you will be in a world of hurt. They will confiscate ALL your weapons, throw you in federal prison, and you will loose your rights to own any firearms.
I've done the NFA paperwork when I built my SBR. It's not that bad. It's more about time and effort. As well as $200 tax stamp. To me that item would be worth $200 and my time. I would separate the reciever from the barrel, store them in separate location. Then file my paperwork.Lets say I got it after a family member passed. What if the hypothetical shotgun was an old Ithaca double barrel with the wood stock cut off, sanded down and refinished and the barrels cut about an inch past the forend. Hypothetically, it's too cool to revert back to stock form. I'd be afraid to start the paperwork with ATF. What if they wanted to confiscate it?
OK, here's the best answer I can give to you and am providing a link that you may look at to back the facts up. It's probably not what you're going to want to hear, and contradicts most of what has been said already.
My best recommendation, if it's not legal, don't be in possession of it. Plain and simple. Losing the gun should be the least of your worries.
I know you're making this post in the hypothetical pretense, so to hypothetically answer your hypothetical question, if you're found to be in possession of an unregistered NFA device, just picture in your mind hypothetically being somebodies little love muffin for 10 years in club fed, how fun it would be losing your right to own firearms for the rest of your life, your voting priveleges, etc.
Here is a link that may answer your questions.
ATF Online - Firearms - Frequently Asked Questions - National Firearms Act (NFA) - Firearms
My best recommendation, if it's not legal, don't be in possession of it. Plain and simple. Losing the gun should be the least of your worries.
I know you're making this post in the hypothetical pretense, so to hypothetically answer your hypothetical question, if you're found to be in possession of an unregistered NFA device, just picture in your mind hypothetically being somebodies little love muffin for 10 years in club fed, how fun it would be losing your right to own firearms for the rest of your life, your voting priveleges, etc.
Here is a link that may answer your questions.
ATF Online - Firearms - Frequently Asked Questions - National Firearms Act (NFA) - Firearms
Q: May a private citizen who owns an NFA firearm which is not registered have the firearm registered? No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere possessors may not register firearms. An unregistered NFA firearm is a contraband firearm, and it is unlawful to possess the weapon. The possessor should contact the nearest ATF office to arrange for its disposition.
[26 U.S.C. 5861(d)]
This is probably the best option.
If I were going to have a SBS, that would be the one I'd want. I'd pay the $200 to make it legal. I would be extremely cautious about it though, and take it apart ASAP while you wait for the paperwork to clear.I've done the NFA paperwork when I built my SBR. It's not that bad. It's more about time and effort. As well as $200 tax stamp. To me that item would be worth $200 and my time. I would separate the reciever from the barrel, store them in separate location. Then file my paperwork.
I would get rid of that hypothetical bitch quick.... I wouldnt have it around me in any way shape or form.
Another thing to consider, whem shortening a shotgun barrel dont go below 18.5 inches.
Another thing to consider, whem shortening a shotgun barrel dont go below 18.5 inches.
Can I legally shorten my pump 12 guage to 18.5 inches or is it totally illegal to shorten it at all.
Yes you can just make sure the barrel is atleast 18" and the overall length is 26".Can I legally shorten my pump 12 guage to 18.5 inches or is it totally illegal to shorten it at all.
I'd rather the ATF confiscate my shotgun than confiscate me.
"In any moral situation, the hard thing to do is usually the right thing to do."
ETA: What would you use it for? If it was ever used in a SD situation you'd be in bigger doodoo.
"In any moral situation, the hard thing to do is usually the right thing to do."
ETA: What would you use it for? If it was ever used in a SD situation you'd be in bigger doodoo.
It would just be a conversation piece, decor, cool to just have, etc.
Hey SgtMac,Can I legally shorten my pump 12 guage to 18.5 inches or is it totally illegal to shorten it at all.
The limit is *18 inch barrel length, **smooth bore, ***26 in overall.
However, I never trust that all tape measures can be equal when it comes to violation of The Firearms Act. So keeping it to 18.5 inches of barrel length negates the possibility of an inaccurate tape read. Further illiminates *fines **loss of 2A privledges, and ***federal confinement.:-|
Would you be able to hypothetically find a hypothetical local Class III dealer to hypothetically hold on to it for you until your hypothetical tax stamp showed up? Maybe for a hypothetical $50 or $5 a month or something?
Any hypothetical dealer wouldn't TOUCH an unregistered hypothetical weapon like that.
Hypothetically, the best course of action for the hypothetical OP is to destroy it or weld the action, unless he hypothetically likes a not hypothetical prison.
Hypothetically, the best course of action for the hypothetical OP is to destroy it or weld the action, unless he hypothetically likes a not hypothetical prison.
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