Just a thought...

[pharmboy]

As I've been reading here, as well as other places, it's clear that the Indiana code prohibits the ownership of short-barreled shotguns(until we get enough attention to someone to resolve this). I was just wondering if anyone knew the possible legality of building an AOW starting with a pre-1899 shotgun receiver. I know some of these old actions are stout enough to handle modern loads(at least the milder 2 3/4" variety). As a pre-1899 action(if you can prove the date of manufacture) is not regarded as a firearm by federal and state law, would it be possible to manufacture a de facto SBS that would be, in actuality, an AOW, as prior to shortening the stock/barrel, it was 'not a shotgun'. I know we're not here to find loopholes in the law, but I just thought this was an interesting legal quandary, that might possibly pan out and let some of us add something new and interesting to our collections.

 

[Slow Hand]

I had the same thought years ago. I had a Remington 1889 that was made before 1894, so was an antique by definition. The ATF doesn't consider it a gun, so I can do whatever i wasn; right? Well, it may be a possibilisty, but do you want to argue with a cop or an ATF agent about it? I decided it wasn't worth the risk even if it was 'legal'. I believe others have come to the same conclusion.

Doug K

 

[VUPDblue]

The following is how I have interpreted the law on this after talking to ATF and several dealers:

An old shotgun in its ORIGINAL configuration would be an antique and thus not a 'firearm' by definition. Once you alter it's original configuration you are 'making' a new firearm. If that firearm falls into the definition of an NFA type item, it must be registered as such or it would be illegal.

 

[Serial Crusher]

It was my understanding also that the receiver of the shotgun in question must be "intended" to be an AOW/SBS. Meaning that it can not have had a stock attached to it at any time. That is why you can't just saw it down and get papers.

 

[Indy_Guy_77]

It was my understanding also that the receiver of the shotgun in question must be "intended" to be an AOW/SBS. Meaning that it can not have had a stock attached to it at any time. That is why you can't just saw it down and get papers.

Right...which is why the Serbu Shorty dealio can be made. They've gotten Remington to make them specialized recievers that were never intended to be made into "regular" shotguns

I believe that these Shorty recievers are made as to not allow the addition of a shoulder stock and/or other barrel.

-J-

 

[VUPDblue]

I believe that these Shorty recievers are made as to not allow the addition of a shoulder stock and/or other barrel.

The likes of the Super Shorty and Keg12, which are based on the Remington 870 receiver, can be AOWs because they never had a shoulder stock attached. There is nothing special about the receivers themselves, they were just originally pistol-gripped or sans grip totally. Also, there is a distinct difference between an SBS and an AOW. The fact that one of the most populare AOWs happens to be based off a popular shotgun tends to throw people for a loop. The difinition of SBS and AOW are worlds apart. Check out the FAQ.

 

[pharmboy]

So, as an antique shotgun would NOT be a firearm before being 'manufactured' by changing its configuration into one of a Title II item. So, assuming that this change of configuration never includes a shoulder stock, by definition, it would be an AOW, as long as the making tax was paid and a Form 1 was properly filed and approved prior to shortening the barrel. Or is my logic faulty here?

 

[VUPDblue]

Your logic is correct, but this is where the water gets muddy. ATF would likely say that the stock that is already on it precludes it from becoming an AOW, even though it currently is not a firearm