Difference between revisions of "Short-Barreled Shotgun"
(→Talking Points) |
|||
| Line 47: | Line 47: | ||
If you argue in court that both conditions must be met, less than 18" barrel length and less than 26" over length, you will lose. Further definition exists under federal law, " ''a shotgun with a barrel of less than eighteen inches in length, and any weapon made from a shotgun that has an overall length of less than twenty-six inches.''" | If you argue in court that both conditions must be met, less than 18" barrel length and less than 26" over length, you will lose. Further definition exists under federal law, " ''a shotgun with a barrel of less than eighteen inches in length, and any weapon made from a shotgun that has an overall length of less than twenty-six inches.''" | ||
| + | |||
| + | == Commentary for Consideration == | ||
These facts do not argue in favor of the logic or constitutionality of the law. The law in not 2nd amendment friendly. It should be irrelevant what the barrel length of a shotgun is. However, this presents itself as one of many landmines in the world of firearms law. Intent or purpose of a law doesn't justify existence, or minimize the conflict with the 2nd amendment of the U.S. Constitution. | These facts do not argue in favor of the logic or constitutionality of the law. The law in not 2nd amendment friendly. It should be irrelevant what the barrel length of a shotgun is. However, this presents itself as one of many landmines in the world of firearms law. Intent or purpose of a law doesn't justify existence, or minimize the conflict with the 2nd amendment of the U.S. Constitution. | ||
Revision as of 11:07, 9 December 2012
UNITED STATES v. MICHAUD
United States Court of Appeals, 1st Circuit
Id. § 921(a)(5). As used in section 924(c)(1)(B)(i), the statute defines a "short-barreled shotgun" as:
a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.
"Short" Answer
18" Barrel
26" Overall Length
A legal shotgun (without Class III status) must have both a minimum barrel length of 18-inches and minimum overall length of 26-inches - BOTH - Under Federal Law; and may be further restricted by state and local law.
* This information is considered accurate as of 2012. Laws change all the time. The current administration (mostly liberal) may very well further restrict firearms and invalidate the information contained here. Always check to confirm relevant firearms law with a competent attorney.
Talking Points
- Federal Law defines a legal shotgun as having a minimum barrel length of 18" (not 18½ as some people claim) and an overall length (including buttstock) of at least 26".
- To possess a shotgun below the lengths defined, you must apply for and receive a Class III tax stamp (it is like a special permit issued by the BATF). You need one stamp per short barreled shotgun.
- Often manufacturers, such as Mossberg, will not manufacture a shotgun barrel shorter than 18½" as to have a "legal safety buffer" or to meet minimums in certain more restrictive states.
- Your state may have further restrictions superseding federal law. A shotgun legal in one state or area may be illegal in another jurisdiction.
- Has a smooth bore (non-rifled) barrel. Exemptions apply to rifled barrel firearms that can also chamber non-shotgun ammo.
- Other legal restrictions apply (such as on Felons and so on.)
- Definitions and discussion here is based on United States law.
Law
Federal law defines a shotgun, "a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to force through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger."
Federal law defines a short-barreled shotgun, "a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches."
Several court rulings have upheld that a short barreled shotgun need only meet 1 of the 2 definitions.
- Barrel length less than 18"
- Overall length of less than 26"
One or the other "or" rather than "and" constitutes a short barrel shotgun, despite some confusion arising from the wording in a federal statute, "a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches."
If you argue in court that both conditions must be met, less than 18" barrel length and less than 26" over length, you will lose. Further definition exists under federal law, " a shotgun with a barrel of less than eighteen inches in length, and any weapon made from a shotgun that has an overall length of less than twenty-six inches."
Commentary for Consideration
These facts do not argue in favor of the logic or constitutionality of the law. The law in not 2nd amendment friendly. It should be irrelevant what the barrel length of a shotgun is. However, this presents itself as one of many landmines in the world of firearms law. Intent or purpose of a law doesn't justify existence, or minimize the conflict with the 2nd amendment of the U.S. Constitution.
Furthermore, it is enough that it is unlawful for a firearm to be used in the act of committing a crime. It is not necessary to further restrict the possession of a firearm by an individual with the right to possess a firearm, if said firearm has been modified by being reduced in size. The argument it makes the firearm easier to use in a criminal act is irrelevant, as the criminal act in itself is illegal and carries with it criminal punishment under law.
To put it simple, make the act of using a firearm in a criminal act carry a significant punishment so that further restrictions on an assortment of firearm construction dimensions or size modification limitations is not necessary. This prevents the innocent sportsman or collector from facing criminal charges for unknowingly inheriting or coming into possession of an illegal firearm, such as a shotgun that is too short, without intentionally trying to circumvent or break a law. It becomes another firearms ownership legal landmine.
An argument by Congress, Congress considers criminals' use of short-barreled shotguns worthy of enhanced punishment because it is particularly dangerous: shot scatters more widely from a short barrel, thus killing indiscriminately, and a shortened shotgun is easier to conceal and wield.
Again, the effectiveness of a firearm in its ability to kill should not be the issue. When it is illegal to kill, the criminal act itself should carry a significant punishment without regards to how efficient of a killing instrument was used. A school bus can run over a crowd of people taking more life than a blast of a shotgun. Either way, the prosecution should be based on the act of killing, and the number of lives taken, and not the instrument used in the act. The guy using the school bus should not receive a lesser sentence than the guy using a shotgun because the guy with the school bus had a valid drivers license and the bus itself had an overall length greater than 26".
Finally, always remember that the lack of logic in law offers no valid defense. The study of law is best served by an excellent memory rather than a scientifically logical mind. Law does not have to make sense to be exacted on people. Law is mostly case history and marginally scientific.
