Simunitions is a company that makes smooth-bore conversion barrels for handguns which make them fire paintball bullets with a small explosive charge. I am trying to determine if such a weapon would be considered a class 3 weapon. The question arises because they are smooth bore, and use explosive charge to launch, even though they are designed to be safe for training against other people.
There are two kinds of firearms under U.S. (federal) law, title 1 firearms and title 2. Title 1 firearms are long guns (rifles and shotguns), handguns, silencer, and firearm frames or receivers. Most NFA weapons are also title 1 firearms. Title 2 weapons are NFA weapons. Title 2 of the 1968 Gun Control Act is the National Firearms Act (codified at 26 U.S.C. sec. 5801 et seq.), hence NFA. Title 1 is generally called the Gun Control Act, (18 U.S.C. sec. 921 et seq.). NFA weapons are also sometimes called class 3 weapons, because a class 3 SOT (see below) is needed to deal in NFA weapons.
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NFA weapons are: machine guns, sound suppressors (a.k.a. silencers), short barreled shotguns, short barreled rifles, destructive devices and "any other weapons". Exactly what these weapons are is defined in the law, as well as in court cases interpreting the law.
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Any other weapons (AOW's) are a number of things; smooth bore pistols, any pistol with more than one grip, (but see below) gadget type guns (cane gun, pen gun) and shoulder fired weapons with both rifled and smooth bore barrels between 12" and 18", that must be manually reloaded (see discussion below).
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Now flare guns also have a smooth bore and use an explosive charge, but they aren't class 3. That must mean that its not classified as a pistol.
From california Penal Code,
12001. (a) (1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
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Okay, so since a flare gun is not designed as a weapon, it's technically not a pistol, so it's not class 3.
It looks to me as though it is the same situation with these Simuntiion converted guns...once it is converted, it is no longer a weapon, and so it doesnt matter that its smooth bore and explosive powered.
According to simunitions designers, it is:
Most realistic training system; safe; non-lethal and non-toxic ammunition; force-on-force and man-to-man live fire scenario training without the associated danger; convenience of training any place, any time; high-quality; reliable; unique with worldwide recognition; affordable; easy to use; total training system with kits, cartridges, protective equipment and training courses.
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So obviously, it is not designed as a weapon or to cause harm...so a pistol that has been converted with simunitions isn't really a pistol anymore and therefore it's not a class 3 firearm.
The thing is, I'm not a lawyer...and I don't know if any of this stuff has been covered legally before...anyone know if I'm right?