Flare gun or shotgun, or DD?

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  • duffman0286

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    Feb 3, 2011
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    Wayne Co
    well thats hard to figure.... but its no longer a flare gun it become a firearm (however it would not be safe to fire... pressure would be much for the flare gun to handle) it could become a grenade
     

    Hkindiana

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    Sep 19, 2010
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    Century Arms just got in 1800 ( and are already sold out) 26.5 mm flare guns with steel receivers, steel barrels, fixed stocks and 19" barrels. These were sold as flare guns, so no paperwork. They come with a test target with a rabbit printed on it that was hit at 50 yards, so I know that in czechoslovakia, they must have shotgun rounds for it. These things are wicked cool, and are built like a tank.
     

    badmac183

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    May 25, 2011
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    Century Arms just got in 1800 ( and are already sold out) 26.5 mm flare guns with steel receivers, steel barrels, fixed stocks and 19" barrels. These were sold as flare guns, so no paperwork. They come with a test target with a rabbit printed on it that was hit at 50 yards, so I know that in czechoslovakia, they must have shotgun rounds for it. These things are wicked cool, and are built like a tank.
    Do you have any links of picture of these things?
     

    subtlesixer03

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    Apr 22, 2010
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    Well the barrel is over 18in long and its not illeagal to make your own gun so i dont think there is anything illegal about it actually. Though i do think you have to engrave the receiver with some info on it you make your own gun. I know they sugeast a serial num as well and you cant sell it eather.
     

    subtlesixer03

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    Further more i think that since this is sold as a non gun it might be eligible to become an aow. What do all the pros think? Techically if you remove the stock and then make plug for where it was you could then file the paper work to make an aow since it was a non gun before and it would be a newly made receiver then it should quaify as an aow would it not? What say you all?
     

    VUPDblue

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    Mar 20, 2008
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    Franklin Township
    Bore diameter over .50 and capable of firing munitions would make it a DD. It's just a flare gun until you drop in that 12ga adapter. Barrel length and stock dont have any bearing on this one.
     

    Shay

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    Mar 17, 2008
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    Indy
    Though i do think you have to engrave the receiver with some info on it you make your own gun. I know they sugeast a serial num as well and you cant sell it eather.

    Where do you get your info?

    You do not have to engrave anything if you make your own Title 1 gun for personal use.

    You are also not prohibited from selling it, but you cannot manufacture it with the intent to sell.
     

    Hkindiana

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    Bore diameter over .50 and capable of firing munitions would make it a DD. It's just a flare gun until you drop in that 12ga adapter. Barrel length and stock dont have any bearing on this one.

    I believe that an 8 gauge shotgun has a bore diameter over .50, and it is capable of firing munitions, but it is NOT a DD. Heck, you used to see 4 gauge shotguns advertised, and I know that they are over.50 caliber. I believe the "over.50 cal is a DD" rule applies to firearms with a rifled bore. What say ye experts?
     
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    Jul 27, 2010
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    Galveston
    I believe that an 8 gauge shotgun has a bore diameter over .50, and it is capable of firing munitions, but it is NOT a DD. Heck, you used to see 4 gauge shotguns advertised, and I know that they are over.50 caliber. I believe the "over.50 cal is a DD" rule applies to firearms with a rifled bore. What say ye experts?
    The phrase "for sporting purposes" applies here. 12, 10, 8, 4 gauge shotguns that are used for sporting purposes are not considered DDs, and they have smooth bores.

    The Street Sweeper, however, was classified as a DD for some reason under the banner that it had no use for "sporting purposes".
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Mar 20, 2008
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    Franklin Township
    I believe that an 8 gauge shotgun has a bore diameter over .50, and it is capable of firing munitions, but it is NOT a DD. Heck, you used to see 4 gauge shotguns advertised, and I know that they are over.50 caliber. I believe the "over.50 cal is a DD" rule applies to firearms with a rifled bore. What say ye experts?


    A 12ga shotgun has a bore size over .50.

    The difference is that those shotguns have "...been deemed by the Secretary to be of a particular sporting purpose..." The definition of a DD still applies to that flare launcher if one puts a 12ga adapter in it. Rifling in the barrel has nothing to do with it.

    The definition of a "destructive device" is found in 26 U.S.C. § 5845(f). The definition reads as follows:
    (1) any explosive, incendiary, or poison gas, (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than 4 ounces, (D) missile having an explosive charge of more than 1/4 ounce, (E) mine or (F) similar device. (2) Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter (.50 inches or 12.7mm), except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.
     

    Hkindiana

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    Sep 19, 2010
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    A 12ga shotgun has a bore size over .50.

    The difference is that those shotguns have "...been deemed by the Secretary to be of a particular sporting purpose..." The definition of a DD still applies to that flare launcher if one puts a 12ga adapter in it. Rifling in the barrel has nothing to do with it.

    Does the "secretary" inspect EVERY shotgun to determine if it has a sporting purpose? If you put a shotgun shell in the flare rifle and hunted with it, would that not be a "sporting" purpose? It is a single sot break open weapon, and not a DD like the street sweeper. Why are you so sure this would be a DD?
     

    VUPDblue

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    Mar 20, 2008
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    Franklin Township
    Does the "secretary" inspect EVERY shotgun to determine if it has a sporting purpose? If you put a shotgun shell in the flare rifle and hunted with it, would that not be a "sporting" purpose? It is a single sot break open weapon, and not a DD like the street sweeper. Why are you so sure this would be a DD?

    What you are talking about is NOT a "shotgun". It was not designed to fire a shotgun shell though it is capable of doing so via an adapter. That makes it a non-shotgun with a bore over .50. That makes it a DD. And as evidenced by the Striker12/Street Sweeper ruling yes, the "secretary" does rule on every shotgun...
     

    ryknoll3

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    Sep 7, 2009
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    Technically EVERY shotgun is a destructive device until the ATF rules that they have "legitimate sporting purpose".

    ATF is currently looking at the Saiga shotguns and may decide to reclassify them as Destructive Devices by saying they don't have a "sporting purpose". If this happens, they would all have to be Form 1'd (though the initial registration would likely be tax exempt like the Street Sweeper) and they would no longer be allowed to be imported, as NFA firearms have been prohibited from importation since 1968.
     

    VUPDblue

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    Mar 20, 2008
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    Franklin Township
    So what exactly would one need to do to legally own one with a 12 gauge adapter. What's your thoughts vupdblue
    er


    If you want to have a 12ga adapter in a flare gun, you'd have to register the flare gun as an NFA firearm (DD) on a Form1 which would be a $200 tax.
     
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