DK Firearms

Old shotgun, question for law enforcement

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  • DixieReb

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    I’m just asking for a let’s say a friend, let’s just say a feller has a sawed off shotgun (double barrel) that’s about 110-115 years old that has the barrels cut down and has been in the family for over a hundred years, can the gun be kept as a family heirloom. Gun is obviously not safe to use and I was told once that if the barrels are unhinged from the stock then it’s legal to keep but if barrels are mounted back on it then it’s a violation. And certain feller was told a tax stamp of about $200 was required to legally possess it, and this feller knows gun is not worth paying that but would like to display it and show it sometimes. Can firing pins be removed and that make it legal to possess. Everybody is going to chime in on this but I’d like to know what a lawman has to say, anybody that saw this thing would definitely want to display it as it has prominence that is associated with it and making moonshine during prohibition. This story is purely fiction and was posted to get an official judgement call from a person wearing a badge.
     

    BluesBrother

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    "I was told once that if the barrels are unhinged from the stock then it’s legal to keep but if barrels are mounted back on it then it’s a violation."

    If this was a trusted and reliable source, what has changed for you to ask the question again? If this is that important to you ask the ATF the same hypothetical question and get a letter head reply of their answer to cover your choice to display. Any answer to the question from someone on this forum, peace officer or not, will not keep you out of jail if you choose to ignore good legal advise. Sounds like you've had good advise all along.
     
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    DixieReb

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    I think any method to show it’s not a usable firearm should be sufficient to display it
     

    FrommerStop

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    It should possible to legalize it. But you likely do not want to admit that you have it already, but I am not really knowledgeable enough to give the specifics on how to do so.
     

    Southalabama

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    What sarge said.

    If they stick a primer shell in and pull the trigger and it goes bag you’ve got problems. If it were military it would be called de-milling.
     

    USAF Sarge

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    I would at a minimum permanently disable/deactivate the barrels, by welding steel rods into them. As long as they can't load a shell into it, it's not serviceable. This would allow serviceable full length barrels to be installed if so inclined and the weapon to be shot.

    I've got my GGFs shotgun here that all my kids have shot and my grand kids will shoot. It's a connection to a generation that they'll never meet.
     

    DixieReb

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    It’s not mine nor in my possession, it currently belongs to a relative of mine that wants to give it to me as it was our grandpaw’s gun. Cuz doesn’t have any children to leave it to. I’m thinking by removing the firing pins alone to deactivate it should be acceptable in the eyes of the law. And you know the firearm would never be leaving the house to be used as a weapon. But if I take possession of it in a few years I want to be able to display it without fear of the police storm trooping the house. I haven’t seen it in 8-10 years and can’t remember if it had rabbit ears or not, I do remember piano wire being wrapped around the stock to hold it together, it’s in pitiful shape. I don’t know how short the barrels are without going to see old Cuz and measuring it, but they were short from my memory of it. It
     

    BluesBrother

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    If another set of barrels were an option (the gun is over 100 years old) why not just display it with the legal barrels installed and forget the barrels that are not legal? "a feller has a sawed off shotgun (double barrel) that’s about 110-115 years old" "This would allow serviceable full length barrels to be installed." This sounds like a solution without a problem.
     

    Dan1612

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    NOT legal advice:
    Have the barrels sent to you. Weld rods into them. Thus demilling and can no longer function as a shotgun without replacing the components in question, the barrels.
    Then have the receiver sent and reassemble.
    I do not believe the what you speak of doing to the firing pins is enough as it can be too readily reversed.
    For instance, in AR you can’t just remove the firing pin, or even the whole BCG off a pistol upper and pin it on a rifle lower. Firing pin, or not, it meets the ATF definition of rifle, and a short barrel one at that.
    But do so at your own risk.
    The correct way to do it, would be to stamp it. Efile. Takes a month. $200 for an heirloom? Why not?
    Hope that helps.
     
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    FrommerStop

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    Good . You can have your friend get it checked and buy barrels , they make shells for antigue guns in good shape ,
    Buy a barrel for a 100+ yr old gun. Lots of luck.
    tax stamping after sound legal advice is the best way to go. If you are going to deactivate it, get good information on how to do it.
    Drilling holes in the chamber is insufficient since one can slip a sub gauge device into it to put it back in shooting condition.
     

    BluesBrother

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    The gun is over 100 years old and of unknown origin and manufacture. He's not going to find another barrel set. Break the gun down and keep the parts separate except when you want to show to someone that you know. How often will that happen? Maybe once, twice in a lifetime? Again, this is looking for a solution to something that's not a problem..
     
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    BluesBrother

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    Buy a barrel for a 100+ yr old gun. Lots of luck.
    tax stamping after sound legal advice is the best way to go. If you are going to deactivate it, get good information on how to do it.
    Drilling holes in the chamber is insufficient since one can slip a sub gauge device into it to put it back in shooting condition.

    Exactly.
     

    maxfold

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    Buy a barrel for a 100+ yr old gun. Lots of luck.
    tax stamping after sound legal advice is the best way to go. If you are going to deactivate it, get good information on how to do it.
    Drilling holes in the chamber is insufficient since one can slip a sub gauge device into it to put it back in shooting condition.
    did not thing of sub gauge. Thanks
     

    J pace

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    First off how long are the barrels?? If they are too short you have two logical options plug the chamber permanently or extend the barrels.... do not take any chances and do not explore the gray areas.... something else to consider when you're thinking of posting something how many ATF agents have infiltrated our gun forms
     
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