Two NFA questions


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LAR-15
April 9, 2006, 05:47 PM
Hope these are not stupid (as pertaining to the US NFA and GCA)

1) Has any shotgun round been declared a destructive device?

2 Are 'inline' muzzleloading rifles and shotguns subject to the provisions of the NFA?

Thanks

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beerslurpy
April 9, 2006, 06:21 PM
Yes, in

U.S. v. Thomas, 111 F.3d 426 (6th Cir. 1997) (http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/us_v_thomas4.txt)
In this case the court upholds an enhancement of a sentence based on the defendnat's possession of a destructive device at the time he committed the other crimes he was convicted of. The destructive device was characterized as a bomb. It was a 12 gauge shotgun shell, into which was loaded a dart shaped projectile which had an explosive mixture inside it, and a primer at the tip. An ATF expert testified it would explode if shot at something, or dropped on the ground, or thrown at a hard surface. Apparently without regard to the amount of explosive material (because it wasn't called a missile, apparently) it was called a DD. The defendants claim that they were for blowing up tree stumps was not considered credible.

I have no idea what you mean by "inline." The only distinction is whether it fires from a fixed cartridge for all the normal NFA categories. So a non-fixed cartridge SS or MG would not be an NFA item. However, for a DD this isnt necessary, as DDs cover exploding weapons and missles without regard to fixed cartridge or not. So a muzzle-loading version of the M79 grenade launcher would still be a DD and the grenade portion of it would count as a "bomb" without regard to whether it was ever loaded into the weapon.

ARperson
April 9, 2006, 09:16 PM
I don't know the answer to your second question with regards to shotguns (regrettably); but I can tell you with some degree of confidence that muzzleloaders in general, inlines or not, are not subject to NFA regulations. Or most other gun control legislation for that matter. In fact, unless you live in a commie state that has state regulations governing the purchase of muzzleloaders, I don't think you even have to fill out the 4473 for a muzzleloader purchase. Same holds true with "muzzleloading" pistols. Which is why you can buy them straight from Cabela's website or catalog (or anybody else's) without the FFL transfer.

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