Pistol Grip Shotgun Question

[gunz4me]

Regarding the mall shooting, I saw where the Brady Bunch is taking the gun dealer to court for selling a pistol grip shotgun to someone who was under the age of 21. They stated, and I quote: "One of the firearms he sold to the killer was a pistol-grip shotgun, which federal law prohibits from selling to anyone under 21." Are they correct?

Although I am not under 21, I was not aware of any Federal law that prohibited a dealer from selling a pistol-grip shotgun to someone under 21. Handgun, yes, pistol-grip shotgun, no....

I am just in a curious mood this morning.

 

[Swampy]

I believe that is correct... I think pistol grip or folding stock in not legal to sell to under 21..

Someonce correct me if I'm wrong..

 

[Bearco]

I searched, but could not come up with anything.

 

[graymo2]

I believe that is correct... I think pistol grip or folding stock in not legal to sell to under 21..

Someonce correct me if I'm wrong..

I know someone that got one from Elliot's when he was only 19.

 

[IonicDOG]

It's my understanding that what defines a "long gun" is a firearm with a barrel no less than 18" long and the overall length of the firearm must be 26" long. That being said I know for a fact that an 870 with a 18" barrel and a top folding pistol grip stock has an overall length of 28" so a shotgun with just a pistol grip would still be considered a long gun.

 

[edman87k5]

I think Ionic dog is right on this one, but the barrel length is 16" minimum. Anything meeting this criteria of 16+ and 26+ is a long gun I believe.

 

[fritzthecat]

Negative, the ATF defines a Shotgun as a weapon with an unrifled barrel >18in designed to be fired from the shoulder. A pistol grip only shotgun does not meet that definition and is therefore not a 'shotgun' or 'rifle'. Only a 'shotgun' or 'rifle' can be sold to persons under 21. A pistolgrip shotgun is neither.
Now, as long as there is a stock attached to the shotgun it can be sold to <21 even if the stock is detachable or folding.

18 NOT legal:

18 Legal because of stock:

Fritz

 

[edman87k5]

Ok, learn somthing everyday

 

[spanky]

I think Ionic dog is right on this one, but the barrel length is 16" minimum. Anything meeting this criteria of 16+ and 26+ is a long gun I believe.

Legal length for rifles is 16. Shotguns is 18.

 

[IonicDOG]

I stand corrected. Although that is one of the most ridiculous gun laws. Just buy a regular shotgun and put and aftermarket pistol grip on it, wham , bam, done.

 

[spanky]

I stand corrected. Although that is one of the most ridiculous gun laws. Just buy a regular shotgun and put and aftermarket pistol grip on it, wham , bam, done.

yup

 

[Swampy]

I also think the folding stock is not allowed under 21 .. But I could be wrong about that... (although I wasnt wrong with my other one...)

 

[GunAddict]

I have to be an a$$ on this one. I just can't find anywhere in the 2nd amendment that states any of this.

That's just the way I feel.

 

[JadeRaven]

I never heard of nothin like that before.

The only thing I couldn't buy before I was 21 was a pistol or revolver. I never did buy a shotgun, but I looked at a few (mossberg cruisers) and was never told anything like that (even right after being told rather rudely I couldn't buy any handgun on one occasion).

And as far as I know, besides class III stuff, it's either a long gun or a hand gun. There are no "long hand guns" or "pistol grip shotguns."

 

[fritzthecat]

From the Federal Firearms Regulations Reference Guide ATF P 5300.4
18 U.S.C. Chapter 44

(5) The term "shotgun" means 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 fire
through a smooth bore either a number
of ball shot or a single projectile for
each single pull of the trigger.
(6) The term "short-barreled shotgun"
means 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 weapon as
modified has an overall length of less
than twenty-six inches.
(7) The term "rifle" means 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 fire only a single projectile
through a rifled bore for each
single pull of the trigger.
(8) The term "short-barreled rifle"
means a rifle having one or more barrels
less than sixteen inches in length
and any weapon made from a rifle
(whether by alteration, modification, or
otherwise) if such weapon, as modified,
has an overall length of less than
twenty-six inches

Pistol Grip Shotgun is NOT designed to be fired from the shoulder and since it's a smoothbore, it is not a rifle. Ergo..... 21 to purchase.

Incidentially, a Pistol Grip Shotgun is also NOT a handgun since it is not designed to be fired with one hand:

(29) The term "handgun" means—
(A) a firearm which has a short
stock and is designed to be held and
fired by the use of a single hand; and
(B) any combination of parts from
which a firearm described in subparagraph
(A) can be assembled.

Which brings us to:

(b) It shall be unlawful for any licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any
individual who the licensee knows or
has reasonable cause to believe is less
than eighteen years of age, and, if the
firearm or ammunition is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the licensee knows or has reasonable
cause to believe is less than twenty-one
years of age;




Fritz