Sunday, May 10, 2015

Short 12 ga "Firearms" Proliferate; Mossberg quells rumors

Legal configuration, 14" barrel.  Shockwave Technologies Raptor Grip installed

A major controversy during the NRA Annual Meeting was the regulatory box the ATF had constructed for themselves with regulatory letters and the law.   I was surprised to learn that firearms that fired shotgun shells with a bore of more than .5 inches, and a barrel length less than 18 inches,  could legally be purchased and possessed without all the complex regulatory burden and $200 tax required by the National Firearms Act, the Gun Control Act of 1968, and all the following changes.

The firearm pictured above is based on the Model 500 series.  At the Shockwave Technologies site, there is considerable discussion about ordering a 14" front end to use to build a legal (non NFA)  firearm with a barrel less than 18 inches.

 Shockwave Technologies has a copy of the ATF letter from July 20th, 2010, in which they clarify that barrel length is not the determining factor for shotguns without shoulder stocks.

I made some more inquires.   I found a credible source, who wishes to remain anonymous, that said that Mossberg had stopped shipping the 14" front ends that are used in the Shockwave configuration.  This intrigued me, as rumors at the NRA meeting were that the manufacture of such guns was part of the box that the ATF found themselves in.   The timing was about right for the NRA meeting controversy.

I contacted Mossberg directly, and asked for clarification.  I asked if Mossberg had stopped shipping 14" front ends, and if the ATF had contacted them.  Here is the question that I asked: 
I have learned that Mossberg decided to stop shipment of 14" front ends for the model 500 shotgun in the last few weeks. 
I would like to know what the reason was for the decision, and if Mossberg was contacted by the ATF  prior to the decision.

Here is the reply from Mossberg, via email:

That seems simple enough.  Mossberg says that they have not stopped shipments of their 14" front ends, and that they have not been contacted by the ATF.    Perhaps my source was merely aware of a 'pause' in shipments while Mossberg assessed their policies and procedures.   What policies and procedures were being assessed is not stated.

It is understandable that Mossberg wants to be very careful in this situation.   I am sure that they remember the backlash from the gun culture that changed the ownership of Smith & Wesson, and cost Ruger millions in revenue when they were perceived to be colluding with the government on restrictive federal laws.  Those events happened during the Clinton administration.

Meanwhile, another company is producing 12 ga "firearms" that  are relatively small.   Black Aces Tactical is offering this model.  It is covered by the ATF letter, and is classified as simply a "firearm".   Black Aces Tactical makes their own receivers and magazines.  The barrel here is only 8.5 inches long.

Photo from Black Aces Tactical

Notice that it uses a Sig arm brace (not a stock) and receiver extension to make the ATF length requirement of more than 26 inches.  The 10 round detachable magazine is quite interesting.  H/T to  Another model has the same receiver extension, except that the extension folds.

These short guns firing shotgun shells have obvious self defense applications.  There is no reason why these guns should be treated any different than ordinary pistols.   Functionally, they are either large pistols or small shotguns.   Both shotguns and pistols are constitutionally protected by the Heller and McDonald decisions.   There is no valid reason for treating these firearms any differently than other shotguns or pistols. 

Except for the legacy issues created by the NFA, GCA1968, FOPA and the various BATFE letter rulings.    Those are what puts the ATF in a box, and why they are reported to be sweating.. dare I say it.. bullets.

David Hardy sums it up well:
Every shotgun but the diminutive .410 has a bore greater than half an inch. The "sporting purpose" exemption doesn't apply, since that is limited to shotguns, and as we have seen, these firearms are not "shotguns" under the definitions of the NFA. 
The situation as it stands is thus: BATF must never have realized that these firearms are NFA "destructive devices," and as a result thousands, if not millions, are in private possession of persons who bought them legitimately over the counter, with no reason to suspect that there was anything legally amiss.
The mere pictures of the above firearms show how arcane and irrational national firearms law has become.   There are people in jail for possession of firearms that are no different, functionally, from what the ATF has ruled do not require $200 taxes and do not fall under the NFA. 

The ATF is facing multiple federal lawsuits relating to the manufacture of muzzle brakes and machine guns.   Any one of these lawsuits is likely to be granted discovery of all the ATF regulatory letters.  At last report, in the late 1990's, there were over 300 cubic feet of them. Those will reveal a web of contradictions, that are not allowed under the Constitution with the Heller and McDonald decisions. 

There is no rational reason why the Black Aces 12 gauge is legal, but a full stocked .22 single shot rifle with a 15 inch barrel requires a $200 tax stamp and the full, draconian provisions of the NFA.

The usual sequence is that when small manufacturers find a profitable market, large manufactures start production of their own models to take advantage of it.  I will be watching to see if Mossberg or other large firms start offering pistol grip 12 gauge firearms of similar configurations.

It is an interesting time, and I believe the end result will be reform of federal gun laws, to something far more rational and less burdensome than now exists.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Update: Here is another maker  NON N.F.A. 14.00" Remington 870 12 Gauge ONLY FOR SALE IN STORE (NO SHIPPING)


Anonymous said...


Frank Zappa once said: "America is a country of laws....Poorly written and randomly enforced".

There in is the problem. Two actually. 1) The law evokes a requirement "sporting purposes" that was not defined by congress.

How do you measure a "sporting purpose"? What unit of measure?

If you substitute the word "voodoo" for "Sporting purposes" the law does not change and makes just as much sense to the average reader.

2) Congress tasked a Federal Law Enforcement agency with essentially measuring and enforcing "Voodoo".

One must always avoid the NFA "Voodoo" curse by doing the proper ritual:

Dip your fingers in some ink, then place them on two pieces of paper (all ten fingers).

Put you name address and other such information on two more pieces of paper along with your photo.

Put all of this in an envelope with a payment to the Voodoo priest (NFA Branch, ATF)....

If you are favored by the high priests they will take your offerings and return a paper to keep the curse away....

David B. said...

While shotguns are one thing, there is also the Franklin Arms X0-26. Which came out of the Thompson semiauto non rifle. Imagine a firearm, overall length of more then 26 inches, barrel less then 16 inches, no shoulder stock, has a forward grip. Not a rifle, not a pistol, and not a NFA forearm.

It is easy to conceive the definition of these shotguns came from that decision of those Thompsons.

And then there is the Serbu Shorty, but only pay the AOW stamp, no NFA tax stamp required.