Shotguns under AWB: Are they still Destructive Devices?


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rdenisj
October 19, 2004, 03:25 PM
This has been a topic that I and some co-workers have been tossing around the shop lately. The former AWB deemed shotguns like the Street Sweeper and USA 12 destructive devices. Now that the ban has met its demise, are these no longer destructive devices? Likewise, are there any characteristics, other than barrel length that would put shotguns now into the destructive device category, even though the AWB is dead?

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MrTuffPaws
October 19, 2004, 04:52 PM
At the federal level, I think you are okay, but it depends on which state you live in. In CA, they are still a no no

kudu
October 19, 2004, 05:07 PM
I believe that these were under a separate law that declared these guns "destructive devices". All the other guns in the AWB were mostly cosmetic features that were banned. So I think they are still considered DD.

I'm sure others will be along shortly with a more definite answer for you.

carpettbaggerr
October 19, 2004, 06:58 PM
They're still DD. The National Firearms Act of 1934 has no sunset clause, unfortunately.
are there any characteristics, other than barrel length that would put shotguns now into the destructive device category, even though the AWB is dead? If the Secretary of the Treasuy rules they are "non-sporting', smoothbore firearms with a bore greater than .5 inches becomes a DD.

It seems to be based on a scary name.

MrTuffPaws
October 19, 2004, 07:31 PM
Thanks for the info. Does this mean I can have a street sweaper in .410?:evil:

rdenisj
October 19, 2004, 09:49 PM
So are there certain characteristics of other shotguns that can put them into the DD category, or is it at the whim of the Treasury Dept?

JNewell
October 20, 2004, 07:56 AM
I think that under the NFA any firearms with a bore exceeding 1/2" is a "destructive device" and that shotguns basically exist because the Treasury Dept. has regulatory discretion to make rules permitting us to own them.

I may have that wrong (and would like to be wrong about how that works under the NFA, in fact, so please correct me if I am wrong).

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