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SBR or SBS??

Discussion in 'NFA & Class III Discussion' started by gillman7, Jan 9, 2010.

  1. gillman7

    gillman7 Sharpshooter

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    I have a question related to another thread that I was reading tonight. If you bought a 410 AR upper, cut the barrel down to 12", would you have to buy a stamp for a SBS, since it is a shotgun, or could you simply put it on your AR lower that is registered as a SBR?

    I would think that you could put it on your existing lower, since the lower is the part that is registered. Theoretically, you could use 9mm shotshell in a 9mm upper. That and you are registering the gun, not the ammo shot out of it.

    However, the case could be made that a shotgun is defined by the type of ammo it was designed for, like a 12 gauge shotgun with a 12" slug barrel. Would that be a SBS or a SBR?
     
  2. 338Shooter

    338Shooter Sharpshooter

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    I believe It would need to be registered as an SBS because it is a smooth bore. The rifling (or lack there of) is what determines what it is *I think*.

    I wonder if you could register it as an SBR and an SBS and swap the .410 upper out with say a short 9mm upper?
     
  3. tyromeo55

    tyromeo55 Sharpshooter

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    I would think your right but as cheap as AR lowers are I would never consider putting all My NFA eggs in one AR basket
     
  4. 264Magnum

    264Magnum Sharpshooter

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    Logically, this is way I'd think it would be. But how often does logic come into play with the ATF?
     
  5. WhiteyMacD

    WhiteyMacD Sharpshooter

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    Now THIS is an interesting NFA question. I would be interested in the response if someone queries BATFE about it. Not that I am interested in doing it, but I am interested in knowing the legalities.
     
  6. Eric67

    Eric67 Sharpshooter

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    From ATF web site

    THE GUN CONTROL ACT OF 1968
    TITLE 18, UNITED STATE CODE, CHAPTER 44
    Chapter 44 – Firearms
    § 921 Definitions.

    (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.


    Note where a shotgun is defined as having a smooth bore, unlike a rifle, obviously. So a SBS is a short version of this definition.

    Does this conclude that since a rifle and shotgun differ by definition of "rifleing", (like Dustin said in his post also) that it would have to have a stamp for SBS even if already registered as SBR (again see Dustin's post).

    I guess question is also if they would register one receiver as both SBR and SBS?
     
  7. Eric67

    Eric67 Sharpshooter

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    Does that also mean if I put a rifled slug barrel on my shotgun it isn't a shotgun any more???:confused:
     
  8. gillman7

    gillman7 Sharpshooter

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    No, read your post above your last one, it says single projectile also.

    That is my question, can you register a reciever, which is technically considered the actual serialized part of the gun, as both a SBR, and a SBS?

    Of course, along the same line of reasoning, if you make a 10/22, or a GSG a SBR, would you be in trouble if you shot 22LR shotshells out of it? Same principle?!?
     
  9. Eric67

    Eric67 Sharpshooter

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    but before that it says "through a smooth bore"

    I was really kidding with that one anyway:)
     
  10. 338Shooter

    338Shooter Sharpshooter

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    It isn't the ammo, it is the rifling or lack thereof. This is the reason that the Judge isn't an AOW (smooth bore pistol). It has a rifled barrel no matter what kind of ammo you feel like shooting through it.
     

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