Short Barrel Shotgun vs Any Other Weapon.

[Ri22o]

I'm trying to figure this out, and I can't make sense of the information I am finding.

After looking through the Show and Tell thread, I have added a Super Shorty or something similar to my list. Is it possible to have one made or built, or do I have to buy one already AOW'd? The reason I ask is it might be able to be done cheaper if I could buy a pistol gripped shotgun and have a shorter barrel and mag tube put on. If I did this, would it be classified as an SBS, even though it was sold with a pistol grip?

I am so confused by all these gun laws and legalese.

Any insight on this?

 

[rkba_net]

If the shotgun started either as a bare receiver OR pistol-grip only and you cut the barrel <18", keeping the pistol-grip the result is an AOW. HOWEVER it will cost you a $200 tax to make it vs a $5 tax for one that is already registered as an AOW.

 

[Ri22o]

If the shotgun started either as a bare receiver OR pistol-grip only and you cut the barrel <18", keeping the pistol-grip the result is an AOW. HOWEVER it will cost you a $200 tax to make it vs a $5 tax for one that is already registered as an AOW.

If I had someone else do the work (FFL), would I be able to pay the $5 before re-taking possession of it, classifying it as an AOW?

 

[rkba_net]

A FFL is not exempt from the $200 manufacturing tax... you need to have a Class II Manufacturer (they are licensed to make NFA firearms) make if for you... there is no tax for them to make it... all you do then is pay the $5 transfer tax...

 

[bigcraig]

rkba_net's info is correct.

To add, IMHO your better off buying one that is already built, and is in stock at your favorite ClassIII dealer.

 

[kludge]

I'm not seeing any exemptions in the law for anybody but "special people" being able to own a "sawed-off" shotgun in Indiana law.

Indiana Code 35-47-5

There is an exemption for "machine gun" ownership if you follow the applicable federal laws, but again I don't see it for "sawed-off shotgun".

Please tell me if I'm wrong.

 

[bigcraig]

Here is an answer a friend of mine used on another site explaining the lgalities of the Serbu Super Shorty in Indiana.

Because those are AOW's not SBS's by NFA statute. They are OK in Indiana because of the definition given them by the National Firearms Act. What makes them an AOW is that they never had a shoulder stock attached. A SBS, by definition, is designed to be fired from the shoulder. Some of the definition of an AOW that applies to the super shortys are that they are not designed to be fired from the shoulder, are easily concealed on a person, are designed to be operated by more than one hand, and have a bore diameter of greater than .50.



In reality, it is a loop hole, but it is legal and I will be taking possesion of one soon, legally.

 

[rkba_net]

AOW's that fire a shotgun rd are NOT short barrel shotguns in Indiana because an SBS under INDIANA LAW is made from a shotgun and the definition of shotgun INCLUDES A BUTTSTOCk... that an AOW does not and and never will have...


IC 35-47-1-10
"Sawed-off shotgun"
Sec. 10. "Sawed-off shotgun" means:
(1) a shotgun having one (1) or more barrels less than eighteen (18) inches in length; and
(2) any weapon made from a shotgun (whether by alteration, modification, or otherwise) if the weapon as modified has an overall length of less than twenty-six (26) inches.
As added by P.L.311-1983, SEC.32.

<A name=IC35-47-1-11>IC 35-47-1-11
"Shotgun"
Sec. 11. "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 the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
As added by P.L.311-1983, SEC.32.

 

[kludge]

Got it, thanks!

Does that mean the Mossberg Cruiser with a pistol grip is a "handgun"?

 

[bigcraig]

Got it, thanks!

Does that mean the Mossberg Cruiser with a pistol grip is a "handgun"?

Yes

 

[kludge]

Sooooo, I could cut off the barrel and it would still be a handgun? not an AOW?

just kidding.

Some laws just make no sense.

 

[Ri22o]

Sooooo, I could cut off the barrel and it would still be a handgun? not an AOW?

just kidding.

Some laws just make no sense.

So, I could put a shorter barrel on my pistol gripped shotgun ('handgun') and it would technically be considered an AOW because it would never have been classified as a shotgun as per the description above? However, I would have to pay the $200 tax stamp because I created the class 3 weapon, as opposed to having it transfered over, which would only be $5?

Also, since my pistol gripped shotgun is considered a handgun, does this mean it is a felony to put a vertical foregrip on it, without paying the tax stamp?

 

[bigcraig]

So, I could put a shorter barrel on my pistol gripped shotgun ('handgun') and it would technically be considered an AOW because it would never have been classified as a shotgun as per the description above? However, I would have to pay the $200 tax stamp because I created the class 3 weapon, as opposed to having it transfered over, which would only be $5?

Also, since my pistol gripped shotgun is considered a handgun, does this mean it is a felony to put a vertical foregrip on it, without paying the tax stamp?

The answer to all three of your questions is, YES.

<--Being nit picky, class III is a lisence, there are no class III guns. You have title I (regular) and title II (NFA).

 

[Ri22o]

The answer to all three of your questions is, YES.

<--Being nit picky, class III is a lisence, there are no class III guns. You have title I (regular) and title II (NFA).

Ok, thanks.

Since I have put a stock on my pistol gripped shotgun, is it no longer considered a handgun? Does this give me the ability to put a vertical foregrip on it without paying a tax stamp? Since I have now put a stock on it, does the stock need to remain on it?

Yea, I meant title II, class 3 just slipped out.

 

[VUPDblue]

The answer to all three of your questions is, YES.

Actually the answer to the last question is NO. Your pistol gripped shotgun is not a handgun but, get this, it is not a shotgun either. Shotguns, by definition, have shoulder stocks, and pistols cannot have a smooth bore or a bore diameter of .50. Pistol gripped shotguns are just title I firearms without a more specific definition, a grey are if you will. Adding a VFG shouldn't be a problem.

 

[rkba_net]

Also, since my pistol gripped shotgun is considered a handgun, does this mean it is a felony to put a vertical foregrip on it, without paying the tax stamp?

You are getting STATE AND FEDERAL LAW mixed up... The STATE couldn't care less if you put a front handgrip on a pistol... also the state state law does not reference "smoothbore" handguns... Pistol-grip shotguns have always been treated under Indiana law as handguns (although even some FFL's do not know this)... before instant checks they fell under the Indiana handgun law that required a 5 day wait unless you had a handgun permit.

 

[bigcraig]

So, in other words, it is as clear as mudd.

 

[Ri22o]

So, in other words, it is as clear as mudd.

Basically.