SHORT BARRELED SHOTGUNS AND AOW QUESTIONS

[mike todd]

OKAY, THIS IS A TOUGH ONE and I'm sure answers will go all over the place. I'm no lawyer and I don't have the statutes in front of me, but have read them MANY TIMES the past 45 years. either the 1934 act or the  1968 gun control act, states that  "any weapon with a smooth bore and a barrel length less than 18" is a firearm under this act and must be registered".  In one estate I was forced to Destroy a MINT COLT NEW SERVICE .44 cal smooth bore worth $2k min at the time and was the reason I recall the sentence quoted.  recently I purchased a FACTORY BUILT ITHACA 12 ga pump with a pistol grip and a 14" barrel  that transferred as "any other weapon".  I had shopped such weapons very thorough doing so and felt good about the results.  FAST FOREWARD to a late night internet cruise and up pops an add for a NON NFA MOSSBURG PUMP 12 ga that's an over the counter sale?  ZOOM I'm straight to MOSSBURGS webb site to find out whats up and they show a copy of an approval letter from ATF that states because the weapon is 26" over all length its NOT readily concealable and need not be registered as "any other weapon".  so how the heck do they get around the SMOOTH BORE SHORTER THAN 18" description which is PLAINLY SPELLED OUT IN THE LAW?  it looks like someone took the short answer to a LONG question. while I do see where the COLT I had was concealable and qualified AS "any other weapon under the law, nowhere is it stated that if 26" or longer smooth barrel will not apply.  Many time's I have watched ATF back peddle on rulings on the past and this looks like a great opportunity to do so again. OK LADS< YOUR TURN, FIRE AWAY      MIKE