8 Gauge Legality info?

Hitman · Jul 18, 2011

Little birdie told me that the 8 Gauge was deemed a destructive device by the ATF.

I'm looking around this morning and haven't found anything solid to confirm or reject that statement. I have read from non official source websites that it isn't legal to hunt Migratory/Waterfowl with but nothing about it needing a Class III to own.

So what's the skinny on 8 Gauge Shotguns?

Thanks in Advance

GIJeaux · Jul 18, 2011

I know that you are looking for something definitive. I don't have that but, a few years back one of the major gun rags (Guns&Ammo maybe) had an article on 8 ga. guns and they never mentioned a thing about destructive device classification. Appearantly, the author collected and shot these things on a regular bases.
As for the game regulations, I have only read that 10 ga. was the largest that could be used.

Shotguns larger than a 10 gauge
or capable of holding more than three
shells shall be prohibited. Plugs used
in shotguns must be incapable of
being removed without disassembly.

This is out of the Louisiana Game regulation manual.

Al

Hitman · Jul 18, 2011

Well there's obviously not going to be any LAW that says you can own one. I understand that; just looking for someone who maybe owns one to verify.

Spleen · Jul 18, 2011

Hitman,

From what I can tell, 8 Gauge is primarily used for industrial purposes (boiler cleaning in particular oddly enough ) and not much else. The shells are traditionally loaded with black powder only or the traditional powder and shot combo seen in regular ammo.
When I was in undergrad, a Geology course I took made use of an 8 Gauge device to simulate Earth tremors for different experiments. It was loud as all hell and definitely could be read on our instruments. (For what it's worth, we used Winchester shells marked "Industrial Use" on them. There was no shot in the shell at all, just a hunka-hunka burnin concussion.)

The Federal Firearms Act of 1938 specifically prohibited their use in waterfowl hunting, so the 10 gauge took over. Oddly enough, the 10 gauge would have become obsolete as well, but laws restricting the use of lead shot brought about a resurgence of 10 gauge use since it can hold more shot per shell, offsetting the lack of heavier lead shot.

You may still purchase 8 gauge ammo, but it's about $10 per shell in the industrial variety and much more for antique/collector cartridges. A search for firearms chambered in 8 will likely yield only antiques as well.

You are free to own one if you have the cash and can find a salable firearm. You may even defend your home with it but I believe you'd lose out horribly in civil court even if found innocent in criminal court. (Kind of like using a 10mm pistol for self-defense. It will work famously but you'll have to answer to a jury for your choice of a round seen as overkill for the purposes you used it.)

I'll stick with 12 gauge.

Did that help any?

Hitman · Jul 18, 2011

Spleen said:
Did that help any?

Indeed it did.

My Father-n-law was informed about a pair for sale that had extensive salt water damage. Pretty sure he won't attempt to bid on them b/c he is real big on "untouched" historic value when it comes to his firearms collection and rightfully so. However someone had told him the rumor I mentioned.

Thanks

hunter5567 · Jul 18, 2011

They are used Industrially as Kiln Guns with a heavy 3 or 4 oz. slug to shoot slag off the inside of kilns that won't come off using other methods. I don't think I would want to fire one with a 4 oz lead slug. I belive the Kiln guns are mounted on some sort of tripod for firing and not shoulder fired. The ones with your dad is looking at might be old punt guns used by market hunters around the turn of the century especially with the salt water damage.

oleheat · Jul 18, 2011

Hitman said:
Well there's obviously not going to be any LAW that says you can own one. I understand that; just looking for someone who maybe owns one to verify.

Planning on taking The Incredible Hulk dove hunting in a few weeks? :dogkeke:

brfd557 · Jul 18, 2011

Spleen said:
Hitman,

From what I can tell, 8 Gauge is primarily used for industrial purposes (boiler cleaning in particular oddly enough ) and not much else. The shells are traditionally loaded with black powder only or the traditional powder and shot combo seen in regular ammo.
When I was in undergrad, a Geology course I took made use of an 8 Gauge device to simulate Earth tremors for different experiments. It was loud as all hell and definitely could be read on our instruments. (For what it's worth, we used Winchester shells marked "Industrial Use" on them. There was no shot in the shell at all, just a hunka-hunka burnin concussion.)

The Federal Firearms Act of 1938 specifically prohibited their use in waterfowl hunting, so the 10 gauge took over. Oddly enough, the 10 gauge would have become obsolete as well, but laws restricting the use of lead shot brought about a resurgence of 10 gauge use since it can hold more shot per shell, offsetting the lack of heavier lead shot.

You may still purchase 8 gauge ammo, but it's about $10 per shell in the industrial variety and much more for antique/collector cartridges. A search for firearms chambered in 8 will likely yield only antiques as well.

You are free to own one if you have the cash and can find a salable firearm. You may even defend your home with it but I believe you'd lose out horribly in civil court even if found innocent in criminal court. (Kind of like using a 10mm pistol for self-defense. It will work famously but you'll have to answer to a jury for your choice of a round seen as overkill for the purposes you used it.)I'll stick with 12 gauge.

Did that help any?

Hey I bought one for hog and deer hunting, just because the SOB broke in my house in the middle of the night with my family in there........not my fault he got the 180 gr XTP

Spleen · Jul 19, 2011

Well, hope you don't land in court to test your arguing skills.

Spleen · Jul 19, 2011

And just another thought. Who was the first person who came up with the grand idea to clean a kiln or boiler with a shotgun, anyway? Doesn't seem to make a lot of sense but it apparently works well.
Must be like the first person who figured out how to make beer; one man's ruined wheat is another man's treasure...

oleheat · Jul 19, 2011

Spleen said:
Hitman,

(Kind of like using a 10mm pistol for self-defense. It will work famously but you'll have to answer to a jury for your choice of a round seen as overkill for the purposes you used it.)

I'll stick with 12 gauge.

Spleen · Jul 19, 2011

Finally, someone with a sense of humor...

oleheat said:

brfd557 · Jul 19, 2011

Spleen said:
Well, hope you don't land in court to test your arguing skills.

Yes hope you shoot the BG from clean the other side of the house with birdshot and not up close running at you with say, #6 shot or bigger
10mm big hole 12g at close range giant hole or damn near cut in two. Can we say slight overkill?

oleheat · Jul 19, 2011

I'd like to think that most bad guys have some good in them & would be willing to give you a minute or two to grab a more jury-friendly weapon.

Or maybe not.

brfd557 · Jul 19, 2011

oleheat said:
I'd like to think that most bad guys have some good in them & would be willing to give you a minute or two to grab a more jury-friendly weapon.

Or maybe not.

Spleen · Jul 19, 2011

Oh the humanity. What ever happened to the days of honest criminals that only wanted the best for their victims? We really need to reevaluate our professional codes to include burglar friendliness and a genuine willingness to be shot with a legal-system approved weapon. I mean, we aren't animals, now are we?

Paintball · Jul 19, 2011

Why stop at an 8ga.?

700 Nitro Exp. by 2ga./bore

oleheat · Jul 19, 2011

I wonder what gauge this would be? :doh:

brfd557 · Jul 19, 2011

Paintball said:
Why stop at an 8ga.?

700 Nitro Exp. by 2ga./bore

[/QUOTE
How would you plead that case that with the jury?!?
]

Richard in LA · Jul 19, 2011

Spleen said:
And just another thought. Who was the first person who came up with the grand idea to clean a kiln or boiler with a shotgun, anyway? Doesn't seem to make a lot of sense but it apparently works well.
Must be like the first person who figured out how to make beer; one man's ruined wheat is another man's treasure...

Some of the foreign cargo ships that would come to port (at my last job) would have many giant boxes full of 12 gauge birdshot hulls. Apparently when the cargo holds would get rusty/scale buildup, they would blast it off before painting.

As for an 8 gauge being a DD, haven't heard of that one before. They are not legal to use for hunting migratory birds, but I *think* you can use them for hog/deer/turkey, etc...

2.1.8.2 Large caliber weapons. The second section of the definition states that any type of
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 diameter of more than one-half inch in diameter is a destructive device. This portion of the
definition specifically excludes a shotgun or shotgun shell which the Attorney General finds is
generally recognized as particularly suitable for sporting purposes. ATF has issued rulings
classifying specific shotguns as destructive devices because they have a bore of more than one
half inch in diameter and were found to not be particularly suitable forfor sporting purposes.19

I saw 2 for sale on www.duckhuntingchat.com a few weeks back, a SxS and a single shot, and they were in very nice condition.

8 Gauge Legality info?

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