Streetsweeper and Striker Shotguns?
There is a guy posting one for sale on local CL and says he can sell it outright because he bought it before the 1994 gun ban. I advised him that he should contact the BATFE because of the rule change on those weapons and would need to find a dealer that has a DD stamp on the Class 3 license. I know this type of weapon cannot be sold outright to just anyone as Class 3 paperwork has to be done along and approved before sell. Are they considered as Destructive Devices like I have been told?
yep
Possession before the ban only allowed the owner to register the guns without CLEO signature or paying the $200 transfer fee on a form 1.
These are indeed Destructive Devices and he's actually in quite a bit of legal peril here. He's committing an ongoing felony by merely possessing it. If he sells/gives/loans/trades it, the felonies multiply for him. If his Street Sweeper was not NFA registered during the 1994 reclassification, then it is outright contraband today. No one, including a dealer of any type, can legally purchase or even possess it.
Best thing he can do is remove and dispose of the barrel. Without a barrel, it is not a shotgun and hence not a "non-sporting shotgun" which is how this qualifies as a DD. The remaining parts themselves are worth a few hundred bucks to a current owner as spares.
ETA: It also very important that he actually rid himself of the barrel, not simply remove it from the gun. If the barrel and the remaining parts are all under his possession or control, then he technically still has an unregistered DD under "Constructive Possession" even if disassembled.
The barrel does not make this a DD, the RECEIVER makes it a DD. Do not destroy the barrel as you can get a few bucks for the barrel. This is an NFA item and possession of just the receiver is a felony. You can destroy / get rid of all the other parts you want but the one that counts is the receiver.
The ONLY thing that can be done is strip it down, destroy the RECEIVER, and sell it as parts. That is unless it has been registered as a DD.
Not even a 07/SOT can save this one from the scrap pile if it has not already been registered.
Originally Posted By Medcop:
The barrel does not make this a DD, the RECEIVER makes it a DD. Do not destroy the barrel as you can get a few bucks for the barrel. This is an NFA item and possession of just the receiver is a felony. You can destroy / get rid of all the other parts you want but the one that counts is the receiver.
The ONLY thing that can be done is strip it down, destroy the RECEIVER, and sell it as parts. That is unless it has been registered as a DD.
Not even a 07/SOT can save this one from the scrap pile if it has not already been registered.
The barrel is what makes it a DD, not the receiver. The name on the receiver alone identifies it as a "non-sporting shotgun", but without a barrel, it is not a shotgun at all and therefore, by extension, not a DD either. The name alone does not mean it's a DD, neither the AG nor anyone else has authority to simply declare a firearm a "machine gun" or "destructive device" unless said firearm actually meets that legal definition by physical characteristic.
Separately, in most cases, a receiver alone cannot and does not qualify as a DD because it lacks any of the defining characteristics. Without a barrel it has no qualifying bore diameter and cannot be said to fire explosive projectiles.
Remove
and dispose of the barrel and the problem is solved. Many people did this in order to legally avoid registration.
ETA: What this allows for is the sale or retention of the gun as Title 1 firearm. Either the current owner or a subsequent owner may acquire a new 12-gauge barrel and Form 1 into a DD. Or undertake a caliber conversion to non-12 gauge and have a functional, non-DD firearm.
Originally Posted By Homeinvader:
Originally Posted By Medcop:
The barrel does not make this a DD, the RECEIVER makes it a DD. Do not destroy the barrel as you can get a few bucks for the barrel. This is an NFA item and possession of just the receiver is a felony. You can destroy / get rid of all the other parts you want but the one that counts is the receiver.
The ONLY thing that can be done is strip it down, destroy the RECEIVER, and sell it as parts. That is unless it has been registered as a DD.
Not even a 07/SOT can save this one from the scrap pile if it has not already been registered.
The barrel is what makes it a DD, not the receiver. The name on the receiver alone identifies it as a "non-sporting shotgun", but without a barrel, it is not a shotgun at all and therefore, by extension, not a DD either. The name alone does not mean it's a DD, neither the AG nor anyone else has authority to simply declare a firearm a "machine gun" or "destructive device" unless said firearm actually meets that legal definition by physical characteristic.
Separately, in most cases, a receiver alone cannot and does not qualify as a DD because it lacks any of the defining characteristics. Without a barrel it has no qualifying bore diameter and cannot be said to fire explosive projectiles.
Remove
and dispose of the barrel and the problem is solved. Many people did this in order to legally avoid registration.
ETA: What this allows for is the sale or retention of the gun as Title 1 firearm. Either the current owner or a subsequent owner may acquire a new 12-gauge barrel and Form 1 into a DD. Or undertake a caliber conversion to non-12 gauge and have a functional, non-DD firearm.
I stand corrected...
I was thinking MG's and forgot that DD are classified diff. as MG's are MG's no matter if it is a bare receiver or complete. A stripped M16 receiver is still a MG, but ror instance you can have a M203 receiver as a title 1, same as having a Streetsweeper receiver as a title 1 as long as you don't have the parts to complete it. You then file the Form 1, wait for approval then complete the DD.
Thought:
Purchase a parts kit, minus barrel. Form 1 for a DD. Upon approval, buy barrel.
Not at all suggesting violation/circumventation (if that is a word) of the law.
However, it seems like it may be a legit proposition, provided you are not in posession of both the parts and the barrel without the stamp.
