Legal difference between shotgun and rifle?????

[patsim]

Can someone more informed, (or with more time or better search skills) explain to me the technical or legal difference between a "shotgun" and a "rifle"? It seems I once had a satisfactory explanation, but to every "characteristic" or "function " of one of them, I can apply it to the other. For example, I can shoot slugs from a rifled barrel in my gas operated, semi-automatic shotgun, and I can fire "shotshells" from my 10-22 (or my 1911, for what its worth) I can fire 410 shotshells from my revolver... And I'm sure with enough rounds through it,my .223WSSM will have a smoothbore. I'd really appreciate any FACTS or DEFINITIONS

 

[jbjh]

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 the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.” (26 USCS § 5845)

Rifles have part of their definition in the name, rifle, as in rifling, which is what sets the two apart.

The manufacturers designation gets in there too. In CA, because the makers stamp the barrel of the Taurus revolvers as 45LC/.410 it is considered a short-barreled shotgun and unavailable for sale.

 

[patsim]

Clear as mud, in other words! But thanks for your explanation.

 

[GSluzenski]

This from the United States Code:
18 USC CHAPTER 44 - FIREARMS

(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 a 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.

 

[Phil1]

Then of course there was the Gyrojet. Unrifled bore.

The Gyrojet is a family of unique firearms developed in the 1960s named for the method of gyroscopically stabilizing its projectiles. Rather than inert bullets, Gyrojets fire small rockets called Microjets which have little recoil and do not require a heavy barrel to resist the pressure of the combustion gases. Velocity on leaving the tube was very low, but increased to around 1,250 feet per second (380 m/s) at 30 feet (9.1 m). The result is a very lightweight weapon.[1][dead link]

Long out of production, today they are a coveted collector's item with prices for even the most common model ranging above $1,000. They are, however, rarely fired; ammunition, when available at all, can cost over $100 per round.[2]
Gyrojet - Wikipedia, the free encyclopedia

 

[Unknown]

So, as both definitions say the weapon must be designed to be fired from the shoulder, in the strictest definition, things like rail guns, that have no stock, are neither rifles or shotguns, even though they have rifling.

I understand that of course, rail guns have rifled barrels. However, as they are NOT designed to be fired from the shoulder, (they have no stock) it would appear they are neither rifle, nor shotgun when viewed in a strict interpretation of the law.

"intended to be fired from the shoulder", is the part of the law that would appear to exclude rail guns from these definitions.

 

[bogeybrown]

It's weird that Ca defines the Judge as a SBS (although it IS Ca), since the Serbu Shorty shotgun is classified as an Any Other Weapon (AOW) and NOT a SBS because it is built without a shoulder stock.

 

[Graham]

I'd really appreciate any FACTS or DEFINITIONS

In that case you will have to specify what statute or body of law from which you want the definition.

 

[dddoo7]

I have a cva apex chambered in 300 blackout. I considered putting it on a form 1 and cutting the barrel down. Thing is, the apex is like an encore in that I can change the barrels. I called the atf to ask "if I have the apex SBR'd, can I also put a short shotgun barrel on" Their answer was that I would either need to get another stamp for an SBS, or the shotgun barrel would have to be rifled. The question I later had and still have is that if the 12ga slug barrel is considered a rifle (and by all definitions it is), then is it also considered a destructive device because it is over 1/2" bore? Of course the destructive device definition specifically counts out shotguns, but if you define it as a shotgun again I would need an SBS stamp. The guys at the ATF really do not know how to answer these questions.

 

[Switchblade]

Shotguns are smooth bored, fire shot, or slugs and can be cut to no shorter than 18"
Rifles have rifled barrels, fire bullets or shot, and can be cut to 16"

Anything shorter is an NFA titled firearm requiring a $200 tax stamp to own.

KISS

 

[dddoo7]

Shotguns are smooth bored, fire shot, or slugs and can be cut to no shorter than 18"
Rifles have rifled barrels, fire bullets or shot, and can be cut to 16"

Anything shorter is an NFA titled firearm requiring a $200 tax stamp to own.

KISS

So, can a 12ga rifled slug barrel be cut to 16" and be legal because it is a "rifle"?


--Daniel

 

[SniperCJ]

So, can a 12ga rifled slug barrel be cut to 16" and be legal because it is a "rifle"?


--Daniel

Of course not. Its the SLUG thats rifled, not the barrel. The barrel is still a shotgun and subject to 18 inch min.

 

[txgw]

Of course not. Its the SLUG thats rifled, not the barrel. The barrel is still a shotgun and subject to 18 inch min.

They make rifled shotgun barrels

MATTE BLUE, INTEGRAL SCOPE BASE, PORTED, 12 GAUGE 24" RIFLED | Brownells

 

[pawprint2]

^^^The shotgun is the serial numbered receiver, not the tube, rifled or not. You need no paper work to purchase a new barrel, but you need all the paper work to buy the shotgun action, as under the Federal law, the action is the weapon, not the barrel.

 

[SniperCJ]

They make rifled shotgun barrels

MATTE BLUE, INTEGRAL SCOPE BASE, PORTED, 12 GAUGE 24" RIFLED | Brownells

Hmmm, learn something new every day. I stand corrected!

 

[Exo]

^^^The shotgun is the serial numbered receiver, not the tube, rifled or not. You need no paper work to purchase a new barrel, but you need all the paper work to buy the shotgun action, as under the Federal law, the action is the weapon, not the barrel.

THIS...its just like an AR or a bolt gun, you can go buy parts all day long for it, and not have a lick of paperwork except for a receipt. Until you get to the action...

 

[jbjh]

Ruger takes the action from a 10/22 and puts a short barrel and pistol stock on it and its the Charger. No $200 stamp because it was manufactured that way. Build the same thing from a 10/22 and you gotta pay the tax.

It is the application as defined by the manufacturer that makes a gun what it "is". From there, all legal definitions flow.

 

[Honky]

I have a cva apex chambered in 300 blackout. I considered putting it on a form 1 and cutting the barrel down. Thing is, the apex is like an encore in that I can change the barrels. I called the atf to ask "if I have the apex SBR'd, can I also put a short shotgun barrel on" Their answer was that I would either need to get another stamp for an SBS, or the shotgun barrel would have to be rifled. The question I later had and still have is that if the 12ga slug barrel is considered a rifle (and by all definitions it is), then is it also considered a destructive device because it is over 1/2" bore? Of course the destructive device definition specifically counts out shotguns, but if you define it as a shotgun again I would need an SBS stamp. The guys at the ATF really do not know how to answer these questions.

You mean the ATF is ignorant? Who knew? Now if you really want to have some fun, start reading about 922(r) compliance