Are pistols firing shot shells legal in Oklahoma

[dennishoddy]

There are some discussions going on with other forums about the legality of pistols like the Taurus Judge and the S&W Governor actually being legal to own and shoot in Oklahoma using shot shells.
I've seen some discussion say it's federal law that is what makes it illegal and other discussions saying Oklahoma law makes them illegal.
Other contributors even said snake shot was illegal.
I've always thought that since it wasn't a smooth bore, it was considered to be a pistol.
Do multiple projectiles have a bearing on the definition?

 

[Mad Professor]

The way I understand the controversy on that, “Designed” to fire vs “capable of firing” is the major discrepancy between federal and Oklahoma law.

 

[lee1000]

Internet lawyers......

 

[mr ed]

They have had 22 shotshells for about a hundred years. 45acp shotshells pre ww11, 38/357 and 44 shotshells since the 60's -70's
I bought my first 45/410 contender barrel in the mid 70's.
The difference in guns being regular or NFA is whether the barrel is rifled or not.
Marbles gamegetters, cresent arms 410 pistols ,bicycle guns etc are NFA guns because they have a smooth bore.
T/C contenders, judges, governors are regular handguns due to the rifled bores that just happen to fire shotgun shells.

 

[Fyrtwuck]

If they are illegal, why are the guns or the shotshells sold over the counter in the first place?

 

[Mad Professor]

If they are illegal, why are the guns or the shotshells sold over the counter in the first place?

Not in compliance with a statute makes it illegal, not the presence of items in violation with the statute.

I get it, it isn’t being enforced. But a lack of enforcement doesn’t change the statute on the books.

§21-1289.18. Definitions.
Universal Citation: 21 OK Stat § 21-1289.18 (2014)
DEFINITIONS

A. “Sawed-off shotgun” shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.

B. “Sawed-off rifle” shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.

C. Every person who has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a felony for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.

D. It is a defense to prosecution under this section, if the approved application form that authorized the making or transfer of the particular firearm to the defendant, which indicates the registration of the firearm to said defendant pursuant to the National Firearm's Act, is introduced.

 

[CHenry]

There are some discussions going on with other forums about the legality of pistols like the Taurus Judge and the S&W Governor actually being legal to own and shoot in Oklahoma using shot shells.
I've seen some discussion say it's federal law that is what makes it illegal and other discussions saying Oklahoma law makes them illegal.
Other contributors even said snake shot was illegal.
I've always thought that since it wasn't a smooth bore, it was considered to be a pistol.
Do multiple projectiles have a bearing on the definition?

I think they are illegal.
You should sell me that Judge ASAP.
I'll only give you $200 since its an illegal gun but thats a favor.

 

[SMS]

Oklahoma TITLE 21 § 1289.3 DEFINITIONS FOR FIREARMS ACT "Pistols" or "handguns" as used in the Oklahoma Firearms Act of 1971 shall mean any firearm capable of discharging single or multiple projectiles from a single round of ammunition composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than sixteen (16) inches in length, and using a combustible propellant charge, but not to include flare guns, underwater fishing guns or blank pistols.


Oklahoma TITLE 21 § 1290.2 DEFINITIONS A. As used in the Oklahoma Self-Defense Act: 1. “Concealed handgun” means a loaded or unloaded pistol or handgun not openly visible to the ordinary observation of a reasonable person;

2. “Unconcealed handgun” or "open carry" means a loaded or unloaded pistol or handgun carried upon the person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling or case designed for carrying firearms; and

3. “Pistol” or “handgun” means any derringer, revolver or semiautomatic firearm which: a. has an overall barrel or barrels length of less than sixteen (16) inches, b. is capable of discharging single or multiple projectiles from a single round of ammunition composed of any material which may reasonably be expected to be able to cause lethal injury, c. can be held and fired by the use of one or both hands, and d. uses a combustible propellant charge to propel the projectile or projectiles.

 

[OKNewshawk]

They have had 22 shotshells for about a hundred years. 45acp shotshells pre ww11, 38/357 and 44 shotshells since the 60's -70's...

At the Walmart I work at, we not only have the .22 LR and .38/.357 shotshells, we have 9MM ones, too.

 

[skyhawk1]

I was at Wilshire Guns couple days ago and they were selling the old 22 shot shells that were crimped instead of plastic encasement. They are trying to get rid of them buy one get one, 50 round boxes. Don't remember how much but they were cheap. They will also lead your barrel up.