Why is this not considered a pistol?

[2Wheels4Ever]

Serbu Super Shorty 9 12GA - Impact Guns

What is the difference between a pistol like shotgun versus a somewhat similar gun like an Ar pistol? Both are considered rifles when in their original configuration, both have had their stocks removed, and their barrels shortened. Why the discrepancy?

Read More

 

[Nwcid]

It is not rifled and it has a bore over 0.50" So by definition it is an AOW.

A shotgun is NOT considered a rifle in its original configuration. Had the SEBU been made from a shotgun then it would be a SBS (short barreled shotgun) even though they would look the same.

A pistol does NOT have a stock removed or it would not be a pistol. To legally be a pistol it has to be built as one. If you cut down a rifle to look like a pistol you have made an NFA item called a SBR (short barreled rifle).

There is no discrepancy the definition of each are clearly defined even though they may look the same. Here is a list of definitions, Section

 

[The Duck]

It has a forward pistol grip and inherently has to be "pumped" with a second hand to fire... Thus NOT a handgun...

 

[Blitzkrieg]

Because it's a smoothbore

 

[2Wheels4Ever]

Ok, thanks for the clarification. If you were to cut down a rifle's stock and barrel is it still considered an SBR? Or is it now a pistol?

 

[Nwcid]

Ok, thanks for the clarification. If you were to cut down a rifle's stock and barrel is it still considered an SBR? Or is it now a pistol?

If the name "rifle" was ever used it can NEVER be a pistol. Pistols can ONLY be build from virgin receivers (ones that have not been built into anything else).

A cut down rifle with an OAL of less then 26" or a barrel less then 16" can ONLY become a SBR. Though it may look exactly like pistol.

 

[fd15k]

If the name "rifle" was ever used it can NEVER be a pistol. Pistols can ONLY be build from virgin receivers (ones that have not been built into anything else).

A cut down rifle with an OAL of less then 26" or a barrel less then 16" can ONLY become a SBR. Though it may look exactly like pistol.

That's right. And shoelaces sometimes become a machinegun.

 

[fd15k]

It has a forward pistol grip and inherently has to be "pumped" with a second hand to fire... Thus NOT a handgun...

What if it was a double-barreled shorty without a stock ? Logic stalls...

 

[Redcap]

What if it was a double-barreled shorty without a stock ? Logic stalls...

I see some Mad Max action in the future...

 

[Toxic6]

I've seen .410 pistols like that....I forget who made them. google time. (leinad, though looks like cobra and bond make similar ones too)

 

[Nwcid]

The .410 pistols all meet the definition of pistol. Have rifled barrel, less then 0.50" bore and were built up as pistols (not cut down long guns).

 

[chariot13]

Get a 458 socom upper and attach it to a pistol lower. Then get a 100 round surefire mag so you can spray thirty four + one, 600 grain wompers at whatever you were planning to shoot with that 12 gauge shorty that only holds 2 +1. Except that one mag dump will run you about $100 so its better you try this, than me!

 

[PromptCritical]

Serbu states on his website that Super Shorties are built from shotguns that came from the factory with pistol grips. Therefore they never fit the the definition of Shotgun (fired from the shoulder). Since it was never legally a shotgun, it cannot be made into a short barreled shotgun withotu adding a stock.

These are government rules. They don't have to make sense. You just have to follow them. If you don't, someone with a badge will shoot your dog and burn your house down.

 

[cwegga]

If the name "rifle" was ever used it can NEVER be a pistol. Pistols can ONLY be build from virgin receivers (ones that have not been built into anything else).

A cut down rifle with an OAL of less then 26" or a barrel less then 16" can ONLY become a SBR. Though it may look exactly like pistol.

You are partially correct. As long as it starts life as a pistol you can convert it into a rifle and back into a pistol according to the ATF, until they change their minds again.

Source: http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf