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Why is this not considered a pistol?

Discussion in 'Legal & Political Archive' started by 2Wheels4Ever, Mar 14, 2012.

  1. 2Wheels4Ever

    2Wheels4Ever Portland Well-Known Member 2015 Volunteer

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    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?
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    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
     
  3. The Duck

    The Duck Oregon Active Member

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

    Blitzkrieg WA Well-Known Member

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    Because it's a smoothbore
     
    Redcap and (deleted member) like this.
  5. 2Wheels4Ever

    2Wheels4Ever Portland Well-Known Member 2015 Volunteer

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    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?
     
  6. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    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.
     
  7. fd15k

    fd15k Tigard,OR Well-Known Member

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    That's right. And shoelaces sometimes become a machinegun.
     
  8. fd15k

    fd15k Tigard,OR Well-Known Member

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    What if it was a double-barreled shorty without a stock ? :) Logic stalls...
     
  9. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I see some Mad Max action in the future...
     
  10. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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    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)
     
  11. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    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).
     
  12. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    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!
     
  13. PromptCritical

    PromptCritical Oregon City, OR Member

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    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.
     
  14. cwegga

    cwegga Helena, MT Active Member

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    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