From the BATF.....[b]
Dear Mr. Bardwell:
This refers to your letter of May 30, 2000, in which you asked
about a semiautomatic shotgun.
You describe a Mossberg M9200A1 semiautomatic shotgun which accepts
4 rounds of 2-3/4 or 3-inch ammunition in a fixed tubular magazine,
and having a pistol grip and a folding stock.
As defined in section 921(a)(30)(D), of Title 18, United States
Code, the term "semiautomatic assault weapon" means a semiautomatic
shotgun that has at least 2 of the following features:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and;
(iv) an ability to accept a detachable magazine.
The described semiautomatic shotgun has two of the qualifying
features; therefore, it is a semiautomatic assault weapon as
defined.
- 2 -
Mr. Bardwell
Section 922(v)(1), of Title 18 U.S.C., provides that it shall be
unlawful for any person to manufacture, transfer or possess a
semiautomatic assault weapon.[red] However, paragraph (v)(3)(D)
provides that the prohibition in paragraph (1) shall not apply to
any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.
If the described shotgun cannot hold more than 5 rounds of
ammunition in its fixed magazine, it is excluded from the
prohibition in section 922(v)(1).[/red]
We trust that the foregoing has been responsive to your inquiry.
If you have further questions concerning this matter, please
contact us.
Sincerely yours,
[signed]
Curtis H.A. Bartlett
Acting Chief, Firearms Technology Branch
[/b]
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