WA AG OKs Serbu Super Shorty

[busy_squirrel]

Well, I guess this was in question for awhile this past winter, but not anymore.

Letter from AG Rob McKenna to Senator Jim Hargrove

I guess I'm in the market for a used one now, or after another months savings, a new one. Now, before I do, I probably need to consult a lawyer, but my understanding is that based on RCW 9.41.010 I can carry the Super Shorty in a scabbard on my motorcycle with shells inside. I'm not sure on the legality of shells in th tube vs. in the action, and that's part of what I'd want to review with legal counsel.

No, this isn't my only use for a Super Shorty, I'll probably still get one even if I can't bring it on rides, but anyone who's ridden a bike for alot of miles knows that drivers can be downright offensive when it comes to lane positions, etc. I figure additional incentive to keep away might be kinda nice. I've been pelted with a hot coffee before by a young kid in his "customized racer" car and was glad for my windshield.

Obviously, I won't be stopping for a drink at the local watering hole while it's on my bike, or anywhere else besides the range, because I'd have no way to secure it. I don't plan to pull it out while riding, but simply seeing it there might be a deterent (or might have me in a conversation with the local LEOS real quick). Not to mention it's designed to be fired two-handed so it'd be a *&#$^, and firing weapons from a vehicle is a crime in WA, as is brandishing.

The closest law I can find that might apply to the situation would be RCW 77.15.460, but since the Super Shorty is an AOW, not a rifle or shotgun or pistol, it might just be legal. SO, does anyone know of an attorney in the area who specializes in or deals regularly with firearms law? Where is Lonnie when you have a question?

 

[coylh]

That's an odd opinion since the Shorty is a modification of a Mossberg 500. Perhaps the point of manufacture falls to Serbu rather than Mossberg.

Anyway, it's hard to get excited about a 12ga derringer.

 

[Diamondback6]

Uhhh, good luck finding a Class III to transfer you a Serbu here in PRWA, sir.

 

[Mortech]

Hey now ! I resent that PRWA smear , this state is nowhere like Cali in its gun laws (I'm intentionally excluding Seattle AKA San Fran North) .

 

[Frog48]

I'll probably still get one even if I can't bring it on rides, but anyone who's ridden a bike for alot of miles knows that drivers can be downright offensive when it comes to lane positions, etc.

So... you want this particular gun because you dislike bad drivers?

Is there such a thing as "premeditated" road rage?

 

[busy_squirrel]

Thanks for reading the next paragraph.

I was asking about using it as deterent, not having to fire it. Besides, customized motorcycles are all the rage now days.

In all seriousness, just wondering if it could successfully be prosecuted as it fits under the definition of firearm, and it'd be loaded, but the applicable law, RCW 77.15.460 states that the loaded firearm must be a rifle or shotgun. Remember, a loaded pistol in a vehicle is covered by a sepate law on concealed carry, RCW 9.41.050

 

[Frog48]

Yeah, I read the next paragraph, and all others. It still seems like a questionable motive.

As for legality, its not a shotgun, rifle, or handgun. Its an "AOW", which is a totally different catagory all together, despite that the weapon in question functions like, and looks like, a shotgun.

 

[busy_squirrel]

Honestly it's not that questionable really. Just the same motivation why some folks prefer open carry. I have no delusions about firing it while on the bike.

 

[Diamondback6]

Mortech, I have to deal with the Marx'***** in the Everett-Seattle-Tacoma-Olympia region everyday. Need I remind you they control the Legislature?

OT: Oh, BTW, Tacoma mayor Baarsma's one of Butt-berg's coalition. Fire-mission time, people!

 

[ChristopherG]

If you carry that visibly on your bike, be prepared to be stopped; carry an authentic-looking copy of the correspondence you linked to, to show your intent to follow the law; and be prepared to be grilled and possibly arrested despite it. While the weapon may be legal to possess, carrying it openly as a 'disincentive' could easily be considered threatening.

RCW 9.41.270(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

 

[kungfuhippie]

I think that this will get you more attention rather than less. Soccer moms and cops alike will be harassing you. It will probably not be a deterant seeing as how most drivers won't notice it.

As far as prosecution, though it may be an AOW...If it looks, walks, and quacks like a shotgun...a jury of sheeple will call it that. Especially if the sheeple think biker=racist hell's angel.

Better deterant is to get the right bike (what ever the local PD ride), and a two tone helmet with white on the top...

 

[wdlsguy]

As far as prosecution, though it may be an AOW...If it looks, walks, and quacks like a shotgun...a jury of sheeple will call it that.

Given the ATF Form 4 listing the firearm as an AOW, and the Attorney General's opinion, a prosecutor would have a pretty tough time arguing it's really an SBS. Open carrying an AOW on a motorcycle does sound like a great way to get hassled though.

 

[busy_squirrel]

ChrisG - That's the worst part about this state. The "aggressors" actions don't determine if it's a crime, legality is depended on how bystanders feel. Even holstered weapons can be illegal.

But that brings up another question-Would it be legal to concealed carry it since brandishing wouldn't be an issue?

 

[Damon Mon Wai]

I doubt that it would be legal to carry it concealed.

Washington State permits are a license to carry concealed pistols.

Back when they used to be called Concealed Weapons Permits, then maybe, but not now.

 

[wdlsguy]

Washington State permits are a license to carry concealed pistols.

RCW 9.41.010
Terms defined.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
...
(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
...
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.010

The Super Shorty seems to qualify. It's considered an AOW under Federal law because it's a smoothbore pistol.