http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2009-11.pdf
Pistol Grips and Shotguns
Firearms with pistol grips
attached:
The definition of a shotgun under the GCA, 18 U.S.C.
§ 921(a)(5), is “a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed
or redesigned and made or remade to use the energy of
an explosives to fire through a smooth bore either a number
of ball shot or single projectile for each single pull of the trigger.
Under the GCA, 18 U.S.C. § 921(a)(29)(A), handgun
means “a firearm which has a short stock and is designed to
be held and fired by the use of a single hand.” Federal law
provides under 18 U.S.C. 922(b)(1), that if the firearm to be
transferred is “other than a rifle or shotgun,” the purchaser
must be 21 years of age or older.
Certain commercially produced firearms do not fall within
the definition of shotgun under the GCA even though
they utilize a shotgun shell for ammunition. For example,
firearms that come
equipped with a pistol grip in place of
the buttstock are not shotguns as defined by the GCA.
A firearm with a pistol grip in lieu of the shoulder stock is
not designed to be fired from the shoulder and, therefore,
is not a shotgun. Since it is a firearm “other than a rifle or
shotgun,” the purchaser must be 21 years of age or older.
Additionally, interstate controls apply. The licensee and
transferee must be residents of the same State.
Other questions raised pertain to entries made in the
licensee’s required records with respect to firearm “type.”
These entries should indicate the firearm type as “pistol grip
firearm.”
Age Restriction & Interstate Transfer Reminders
Licensees are reminded that firearm frames, receivers, and
other firearms that are neither handguns nor long guns
(rifles or shotguns) are considered “Other Firearms.” They
cannot be sold or delivered by a licensee to any person under
21 years of age. Additionally, 18 U.S.C. 922(b)(3) states that
a licensee shall not sell or deliver any firearm other than a
shotgun or rifle to any person who does not reside in the
State in which the licensee’s place of business or activity is located;
this restriction includes handguns, pistol grip firearms
utilizing shotgun ammunition, and frames and receivers.
