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Non-NFA "shorty" shotguns - legal federally, not legal in Oregon?

Discussion in 'Firearm Laws & Legal' started by The Heretic, Jul 10, 2016.

  1. The Heretic

    The Heretic Oregon Well-Known Member

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    ORS 166.272 - Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.272)

    "Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony."

    ORS 166.210 - Definitions - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.210)

    Here is the questionable part:

    "Short-barreled shotgun means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches."

    So - is the definition of a SBS in Oregon law that a "short-barreled" shotgun is a shotgun with a barrel less than 18" and OAL of less than 26"?

    Or is that a "short-barreled" shotgun is a shotgun with a barrel less than 18" or OAL of less than 26"?

    I am thinking the former - hence the use of the word "and" - but I am not sure.

    This is where I am thinking some people will get tripped up on some of these "loopholes" in federal laws and BATF policy/rules/etc.; that they have to meet both federal and state law, and that state laws don't always have the same definitions/etc. as the federal laws - i.e., what is an SBR or SBS or "firearm" or AOW, etc., doesn't always match the federal laws or BATF interpretations.
     
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  2. Nocaster

    Nocaster Beaverton Bronze Supporter Bronze Supporter 2016 Volunteer

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    I think the question is how "shotgun" is defined in Oregon. The reason those things are legal under Federal law is that they don't fit the federal definition of shotgun.
     
  3. The Heretic

    The Heretic Oregon Well-Known Member

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    Well, the first cite

    ORS 166.272 - Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.272)

    Is what refers to the second cite which contains the definition of a SBS. I don't see anywhere else in ORS where a shotgun is defined, except in ORS 166.210 - Definitions - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.210)

    There is also:

    ORS 166.410 - Manufacture, importation or sale of firearms - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.410)
     
  4. Nocaster

    Nocaster Beaverton Bronze Supporter Bronze Supporter 2016 Volunteer

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    I think the answer to the question in your OP is the latter, i.e. a "short-barreled" shotgun is a shotgun with a barrel less than 18" or OAL of less than 26"
     
  5. The Heretic

    The Heretic Oregon Well-Known Member

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    But that is not how the law is usually written; if there is an "and", then that usually means that both conditions must exist, otherwise it needs an "or".
     
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  6. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    My understanding was that it needed to meet Both requirements to be legal without a stamp.
     
  7. Nocaster

    Nocaster Beaverton Bronze Supporter Bronze Supporter 2016 Volunteer

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    The statutory language for reference:
    "Short-barreled shotgun means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches"

    I agree. A 16" barreled shotgun that is liner than 26" is still a SBS, under both Federal and Oregon law.
     
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  8. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    The way I've looked at this wording is the key point being: was it converted from full-size shotgun or made to be the size it is from the get-go.

    Similar to the fal-de-ral about a rifle lower being made to be a SBR or pistol at the outset rather than converting it from a regular rifle lower.

    This part here: "and any weapon made from a shotgun" This is how it becomes an AOW.
     
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  9. The Heretic

    The Heretic Oregon Well-Known Member

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    Yes - but that is federal law.

    State law makes no mention about any of that.

    The only reference I can find to a SBS is that it is a shotgun with a barrel(s) shorter than 18" and OAL less than 26". I searched the oregon law site and I didn't see any definition of what a shotgun was.

    I agree that there is this "variance" in the federal laws/regs/etc. that seems to currently allow for a firearm with smooth bore that has never had a buttstock attached, that is 26+" long, regardless of the barrel length - and that this is not a "shotgun" by federal law definition.

    Maybe that is the key. Since state law doesn't define what a shotgun is, maybe it depends on federal law for that definition? And since federal law is interpreted to mean that these smooth bore firearms are not shotguns?

    Personally, I don't have a horse in this race - yet. I would rather have a bullpup shotgun than a "shorty". But I do think it is important to understand what both federal law and state law say on the matter. I would hate to see someone get arrested and tried because we overlooked state law.

    It is kind of like the thing with the pull/release triggers; they are fine with the feds, but the way I read Oregon law they are not okay with the state.
     
  10. wired

    wired Yakima Well-Known Member

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    How do you read the pull release triggers to be not OK in Oregon ?


    "Machine gun means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device."

    The release is a separate action than the pull.

    I think you are over reading a bit on both accounts.
     
    Last edited: Jul 15, 2016