Artist's Homemade Shotgun

[crazyjennyblack]

I was browsing the web and came across an interesting article. Apparently an artist made a homemade shotgun according to an improvised design in a military technical manual, and showed it as art. The BATF subsequently seized the piece and were able to get it to fire a round. Letters from the BATF and an image of the device are included on the website.

http://chadperson.com/recess/2011/04/is-it-illegal-to-build-a-homemade-shotgun.html

The questions in my mind about this are the following:

1. The BATF claims that the artist "participated in the manufacture of firearms" Isn't it legal to make a homemade shotgun or rifle, as long as you're not making an NFA item?

2. The picture of the shotgun shown in the article sure seems to have a barrel shorter than 18 inches and an overall length of less than 26 inches (bad... very bad). If the barrel length and overall length were increased, would the BATF still have a problem with it?


Disclaimer - Yes, making an improvised shotgun is a BAD idea, and this particular example looks like it is both illegal and highly dangerous! I have no intention of making one, and I strongly urge anyone who views this to use it as a legal educational example only. Failure to comply with all relevant laws, common sense, and safety guidelines can earn you lots of prison time, heavy fines, and/or injury/death.

 

[Birch Knoll]

I think the real problem here wasn't that he built a shotgun (assuming it was not in fact a short-barreled shotgun), but that he offered it for sale. One can build a firearm for personal use; one cannot build firearms for sale without a manufacturer's license.

 

[Texan Scott]

good point, that. also interesting that even though they COULD have tried to hang him on a technicality, they opted to seize it, and simply send him a letter telling not to do that again. Not that it doesn't seem that common sense prevailed for once, but one DOES wonder at the decision process at work there.

 

[rcmodel]

I would sure have hated to have my head behind that pipe bomb when the bailer twine let it slip straight back on the board under recoil and hit me in the eye!!

Some things probably should be confiscated for the "artists" and customers own good.

Besides, a zip-gun called "art" is still a zip-gun.

rc

 

[justashooter in pa]

it is unlawful to manufacture firearms for the purpose of profitable sale without a manufacturers liscense, as that would be "engaging in the business". it is incidental to manufacture a firearm and then later sell it in a separate intention, and thereby not illegal.

it is illegal to manufacture a short barreled shotgun without a form 1 "making stamp". it is illegal to manufacture an AOW without a similar stamp. the term "firearm" has different meaning in reference to different statutes. which statute he is cited in violation of reveals the peculiars of the case.

 

[Sam1911]

Seems pretty straightforward. He built and sold a working firearm. He could have built it and kept it for his own enjoyment and "use" but that's not what happened.

I don't have measurements on the device, but a single-shot firearm without a reciprocating bolt can have a barrel that is quite short (looking) overall and still measure over 18". And the 26" overall is a lot shorter than you might think. Very few shoulder fired arms come close to being that short.

If he'd violated the NFA, instead of arguably violating the manufacturing language of GCA'68, I don't think they'd have treated it the same way.

 

[Owen Sparks]

Artists have been getting away with violating community standards of decency for decades by calling pornographic pictures 'art'. (remember Robert Maplethorp) It stands to reason that they could get away with calling other things art also. He might even be eligable for a tax payer funded grant.

 

[brickeyee]

He made a gun and then pffered ot fr sale in a gallery as 'art.'

To bad he did not bother checking the law.

You can manufacture for yourself.

You can then sell what you manufactured.

You cannot set out to manufacture and then sell without an FFL.

 

[robert garner]

Read what the artist wrote, he was looking for confrontation, he got it,
"In an earlier post I remarked that questioning, researching and debating the laws we are forced to live by is the very essence of a democratic state. As an artist, I routinely push against boundaries, conventions, and in this instance, the GCA, in order to ask difficult questions about my life and the world around me. My art is speech, and my speech is protected"
He just got very lucky.
robert