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The Range
NFA & Class III Discussion
14 Mossberg 500 That ISNT NFA!
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<blockquote data-quote="Perplexed" data-source="post: 2974360" data-attributes="member: 7157"><p>The section that gives me pause is the last bit, and I've added my own emphasis to your quote to highlight <em>my</em> point. In the first citation you mentioned, "so designed" could be interpreted to mean the Shockwave is fine. <strong>BUT</strong>, the second citation seems to imply that it doesn't matter, because <em>any</em> firearm that can shoot "a series of projectiles" (including shotgun shells) <em>and</em> with a barrel or barrels <strong>less than eighteen (18) inches in length</strong> is deemed to be a sawed-off shotgun, and the possessor is potentially committing a felony. This section doesn't say how the barrel came to be less than eighteen inches in length, other than implying it was sawed off. Absent a clarification of this, I would be inclined to come down on the side of prudence and assume the State could, if they're so determined, prosecute the bearer of a Shockwave simply because the barrel is less than eighteen inches in length. If the statute were to spell out the intent of "sawed off" - as in, does "sawed off" mean the bearer cut down the barrel from its original, as designed, length, or does it mean <em>any</em> firearm that has a barrel less than eighteen inches in length, <strong>regardless of how that length came to be</strong>?</p><p></p><p>I see your point, and if you want to tell an arresting authority to go pound sand, go for it. Until a clarification of "sawed off" is produced, however, I'm going to assume a zealous prosecutor can cause the bearer of a Shockwave a lot of time, trouble, and money.</p></blockquote><p></p>
[QUOTE="Perplexed, post: 2974360, member: 7157"] The section that gives me pause is the last bit, and I've added my own emphasis to your quote to highlight [I]my[/I] point. In the first citation you mentioned, "so designed" could be interpreted to mean the Shockwave is fine. [B]BUT[/B], the second citation seems to imply that it doesn't matter, because [I]any[/I] firearm that can shoot "a series of projectiles" (including shotgun shells) [I]and[/I] with a barrel or barrels [B]less than eighteen (18) inches in length[/B] is deemed to be a sawed-off shotgun, and the possessor is potentially committing a felony. This section doesn't say how the barrel came to be less than eighteen inches in length, other than implying it was sawed off. Absent a clarification of this, I would be inclined to come down on the side of prudence and assume the State could, if they're so determined, prosecute the bearer of a Shockwave simply because the barrel is less than eighteen inches in length. If the statute were to spell out the intent of "sawed off" - as in, does "sawed off" mean the bearer cut down the barrel from its original, as designed, length, or does it mean [I]any[/I] firearm that has a barrel less than eighteen inches in length, [B]regardless of how that length came to be[/B]? I see your point, and if you want to tell an arresting authority to go pound sand, go for it. Until a clarification of "sawed off" is produced, however, I'm going to assume a zealous prosecutor can cause the bearer of a Shockwave a lot of time, trouble, and money. [/QUOTE]
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14 Mossberg 500 That ISNT NFA!
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