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/k/ I'm confused as shit on the legality of SBS, or mainly

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/k/ I'm confused as shit on the legality of SBS, or mainly what makes it a SBS vs an AOW vs normal fucking shotgun.

I have a old 14" m1 super with the pistol grip/buttstock combo, but was recently informed I need a tax stamp for it.

How did I buy this at a police auction and not instantly get busted by the ATF?

If I throw on muzzle break and pin it am I good to go?

pic unrelated, but somehow a non SBS
>>
There's no separate legal category for an SBS, unlike an SBR. They're classified as AOWs.
>>
>>34797835
You can have a barrel with less than 16in or whatever as long as the overall length is 26 or more inches and wasn't designed to be shouldered
>>
>>34797835
>You need to pay taxes
>For your firearms

Good god burgerlads, your ancestors who tossed all that tea in the harbor must be rolling in their graves.
>>
>>34797835
spoiler alert, most cops don't know shit about gun laws
either you can put an 18.5 inch barrel on it, or you can attempt to register it (dont know how well that will work as you're not buying an AOW, you're registering an unlicensed one already in your possession which is illegal to posses) or you can just shut up about it and pretend it doesn't exist.

or I guess you could make a non-NFA firearm by putting some kind of "not stock" on it like a birdshead grip or a pistol brace, because as long as the overall length is greater than 26.5 and it doesn't have a stock its not subject to NFA regulations. But technically a non-NFA firearm has to be assembled that way and can't be manufactured as once it takes the form of a shotgun its always a shotgun. but its an option as long as no one gets too nosy
>>
>>34797867
>>34797871
>>34797925
>>34797879

all of these people are wrong OP - there is such a thing as a SBS, it's a shotgun with a barrel less than 18". As it is unregistered and you do not have a tax stamp, you are in possession of CONTRABAND. Your only legal option is to surrender it to the police for destruction.
>>
I also would HIGHLY recommend calling your NRA state association so they can recommend a lawyer to facilitate your surrender of the weapon, so you don't get busted for a NFA violation.
>>
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>>34797871
This, it makes it a "firearm" as long as there is no shoulderable stock. The other option is if it happened to be made before the NFA law in question came into effect, and had not been changed from the factory configuration. Pic related is a 20s era model 94 that is a factory 14" and was sent off to get an ATF exemption letter.

As that is very unlikely to be the case here, if you have a stock on it you should look into getting a 18" barrel to swap for now, then pay the $200 tax to form 1 it into a SBS which is perfectly legal. Just don't talk about having the 14" barrel on there now... You can technically permanently attach a muzzle device to bring it over 18", but that would be ugly and the barrel may not be thick enough to attach something permanently.
>>
>>34797992
if it ever had a stock, it's a shotgun, and the barrel being 14" makes it a SBS subject to the NFA. A SBS that is not registered cannot be made legal, no matter what - it is contraband and must be surrendered for destruction.
>>
>>34798001
As it stands right now you are correct. It is an illegal SBS. It is however legal to form 1 a normal +18" M1 into an SBS. It would have also been legal if someone with a 18" M1 sent in the barrel to have it cut down and have some kind of attachment silver soldered or pinned in place, as long as the barrel wasn't re-attached to the gun before the length was brought back over 18". With the little information OP has given, you are correct and the legal thing to do is to surrender it for destruction.
>>
>>34797871
So I can throw on the non-stock pistol grip only grip and be good to go with the 14in.

how does the 2'2" measurement work? Front to back longest points?
>>
>>34798090
even if it was form 1'd at some point in the past, it wasn't transferred legally - that makes it contraband. The only time a previous form 1 matters is if you're an executor who discovers a NFA weapon belonging to a deceased individual, at which point you can legally form 5 it to an heir *IF* the ATF has it recorded as belonging to the deceased.
>>
To put it as simply as possible:

>if it ever had a stock, it will always be a shotgun legally speaking. Shortening this would make an SBS and require a $200 stamp if it's even legal in your state.

>If it was a PGO shotgun, or something like the Mossberg shockwave or Tac 14, then shortening it would make an AOW and only cost $5. AOWs are also a lot more likely to be legal in your state.

The main deciding factor is whether the receiver has ever had a stock attached.
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>>34798100
>So I can throw on the non-stock pistol grip only grip and be good to go with the 14in.
no
>how does the 2'2" measurement work? Front to back longest points?
its 26 and even if it was greater than 26 its illegal
it has to come from the factory that way ala mossberg shockwave. benelli never made a gun in a config that would be legal with a 14 inch barrel.
what youve got is an illegal sbs
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>>34798100
no, it's not good to go - an unregistered NFA weapon cannot be made legal except via a Form 10, and even then a Form 10 NFA weapon can only be transferred to another gov't agency. You are in possession of contraband, and must surrender the weapon for destruction.
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What's the legality of parting the fucker out?

I feel that'd be more illegal than throwing a longer barrel on it.
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>>34798125
even then, AOWs have to be registered, and this is unregistered, and is hence contraband
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>>34798136
Get the barrel out of your possession and you are home free. Or keep the barrel and get rid of the rest.
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>>34798154
no, that's not an option - you can only convert a *REGISTERED* NFA weapon into a non-NFA weapon. Unregistered NFA weapons are always and everywhere contraband, no matter what modifications you make.
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>>34798109
I'm not talking about if it was form 1'd at some point. I mean IF OP HAPPENED TO HAVE AN 18" AND PUT IN A FORM 1 FOR IT. Legally and technically speaking you are correct. As it stands now he has already admitted to having a 14"

>>34798125
AOWs are $200 to create and $5 to transfer
>>
OP here, I was asking for a friend.
I don't even own a shotgun.
Or have a dog.

Good thread.
>>
>>34798214
not a problem OP - make sure your friend calls a lawyer ASAP
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>>34798214
also if the barrel is off of it it's just a receiver.
>>
>>34798367
google "constructive possession" and ATF's interpretation of it
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Just dump the 14 inch one and buy an 18 inch barrel already before the ATF shoots your dog
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>>34798498
pistol grip still makes it a AOW or SBS since it would be under 28" length over all
>>
>>34797949
>Your only legal option is to surrender it to the police for destruction

Nope. Take the barrel off, file form 1, put barrel back on. Congrats, you just manufactured a SBS and no one can prove otherwise. Kinda like slapping a 10 inch upper on a lower after its registered as a SBR.
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>>34798851
>no one can prove otherwise
except for, you know, the fact that the cops have to have a record of selling it to him in a NFA configuration. Really, the best solution is for OP's "friend" to get a lawyer and arrange to surrender the shotgun to the ATF, so the ATF can bust the PD for violating the NFA
>>
>>34798945
Only if they recorded the barrel length, which I'm guessing never happened even if they were suppose to, considering they were so competent they actually sold it to him in the first place.

>>34797835
Also how are you measuring the barrel length OP? Bolt forward, drop a dowel in and measure that right?
>>
If it left the factory without a butt stock, you're good. Read up on AOW vs SBS vs FIREARM
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>>34799009
read OP, it came with a butt stock
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>Take barrel off
>"Destroy barrel" ;)
>Install new legal barrel
>Store legal gun in safe
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>>34797949
My mistake. I was misinformed about AOWs.
>>
>>34799352
It's only an AOW with a short barrel.

Just take the barrel off and loose it. Let the atf prove that the gun had a shorty barrel on it. If they use the PD records against you then go after them for entrapment.
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>>34797835
Okay, here's my understanding of the laws:

In order to avoid getting the tax stamp for a SBS, the gun HAS to have been manufactured without a stock or the ability to mount one. In addition, if you EVER modify it to have a stock, it will no longer count as AOW. See, the pic you posted was manufactured without a stock - as opposed to the SBS you bought, which was simply modified for Law Enforcement.
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>>34798162
how would they know?
Thread posts: 36
Thread images: 3


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