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Legality Question

Discussion in 'Shooting Related Threads' started by dzeh, Sep 27, 2009.

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  1. dzeh

    dzeh Member

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    I have a question about the legality of a recent gun sale. I was at an auction last week that had a variety of items being sold. One of them was a small gun collection which was about to be auctioned off. There was a local FFL holder there who was handling the gun transfers and background checks. One of the guns about to be auctioned was an old 8 gauge coach handgun that had a smooth bore barrel and fired a shotgun shell (barrel looked to be about 6-8" long). I questioned the FFL holder as to the legality of transferring this gun to the high bidder. I was under the impression that these guns came under the same regulations that a sawed off shotgun did. I told him I thought it couldn't be sold as a handgun and that the buyer would have to have some sort of special license. Needless to say he blew me off as if I didn't know what I was talking about. The gun was sold that afternoon. Any thoughts from those of you that may know more about this?
     
  2. timberfaller

    timberfaller Well-Known Member

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    I think you'll find out because its a 8 gauge it falls under antique/collectable catagory thus it has different rules applied to its sale and recording under ATF rules.

    Also when 8 gauge's were in production they were blackpowder firearms.
     
  3. goatskin

    goatskin TS Member

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    Legal, unquestionably, including 12bore ... presuming the age is right.

    Those are called 'Howdah Pistols' and they were mighty convenient if a wounded, pissed-off tiger was climbing YOUR elephant's ass looking for you.

    I had one in 2½" .577 long ago: paradox-rifled 10" barrels with ONE trigger, designed for a 1280gn lead slug. Cocking either hammer cocked both locks.


    Bob
     
  4. 221

    221 Banned User Banned TS Supporters

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    Flare Gun ????
     
  5. sliverbulletexpress

    sliverbulletexpress TS Member

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    Comes under Curio and Relic and is legal.
     
  6. ricks1

    ricks1 TS Member

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    yep its fine CR. As of now a 03 falls under the same class. I have been a ffl for 30+ years and never saw where there is a 100yr deal on guns but its there.
     
  7. BDodd

    BDodd TS Member

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    Curio yes - just another vote.....Bob Dodd
     
  8. willing

    willing Member

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    How does the Taurus Judge become leagal with the .410?

    Bill
     
  9. MTA Tom

    MTA Tom Active Member

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    The Judge has a rifled barrel.
     
  10. MTA Tom

    MTA Tom Active Member

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    The gun described in the original post is an "antique", not a "curio or relic" firearm.

    "Firearms automatically attain curio or relic (C&R) status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list."

    But an "antique firearm" is not a "firearm" at all under the GCA of 1968.

    "(3) The term "firearm" means (A)
    any weapon (including a starter gun)
    which will or is designed to or may
    readily be converted to expel a projectile
    by the action of an explosive; (B)
    the frame or receiver of any such
    weapon; (C) any firearm muffler or firearm
    silencer; or (D) any destructive device.
    Such term does not include an
    antique firearm."

    "(16) The term "antique firearm"
    means—
    (A) any firearm (including any firearm
    with a matchlock, flintlock, percussion
    cap, or similar type of ignition
    system) manufactured in or before
    1898; or
    (B) any replica of any firearm described
    in subparagraph (A) if such
    replica—
    (i) is not designed or redesigned
    for using rimfire or conventional
    centerfire fixed ammunition, or
    (ii) uses rimfire or conventional
    centerfire fixed ammunition which
    is no longer manufactured in the
    United States and which is not
    readily available in the ordinary
    channels of commercial trade; or
    (C) any muzzle loading rifle, muzzle
    loading shotgun, or muzzle loading
    pistol, which is designed to use
    black powder, or a black powder
    substitute, and which cannot use
    fixed ammunition. For purposes of
    this subparagraph, the term "antique
    firearm" shall not include any weapon
    which incorporates a firearm frame or
    receiver, any firearm which is converted
    into a muzzle loading weapon,
    or any muzzle loading weapon which
    can be readily converted to fire fixed
    ammunition by replacing the barrel,
    bolt, breechblock, or any combination
    thereof."
     
  11. superxjeff

    superxjeff Active Member

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    timberfaller ,

    Hate to break this to you but I own a modern 8 gauge magnum. The gun was built in the late 60's. It shoots 3 1/2 ounces of shot about 1275FPS or so with blue dot. Heck of a pattern for annies without rules! at 75 yards I have a pattern with 5's that looks like a trap pattern of 7 1/2's at 45 yards. Needless to say it is not legal to hunt most things in this country.Jeff
     
  12. Rebsmith

    Rebsmith Member

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    This "pistol" would normally come under the classification of "Any Other Weapon" and is must be registered with a $5.00 Class III stamp. That's assuming it was originally manufactured as a pistol. The Ithica Auto and Burgular and the Handy Gun gun come under the same law. If it has been cut down from a full length shotgun.......Cut it up and get rid of it.

    Jere
     
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