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Third World'er Lunatic
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16,245 Posts
as it fires 2 shots with 1 trigger pull. does it require a tax stamp? i am starting to get confused on the rules covering shotguns.....
 

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Third World'er Lunatic
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16,245 Posts
so its 2 pulls for right left, pump, right left repeat. ok, since total round count is 16, with the barrels loaded, is it classified as a sporting shotgun or a distructive device, as in the case of the SWD sweeper and the Striker 12, from years past. and if it isnt, what would be the advantage of a double pump ( twice the parts ) over a magazine /drum fed Saga?
 

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Third World'er Lunatic
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16,245 Posts
ok, so how does it

Its not a DD...
fall under the guise of a sporting shotgun, if it doesnt have plugs limiting it to 3 rounds, for hunting? not being a wise butt, just trying to figure out the whole shotgun mess. im not understanding how, the classification for shotguns suddenly changed to allow that many rounds and still be in the same class with the old mossburg mag fed bolt actions, higgen's bolt actions (3 shot tube), my old mossburg 500 atp, pistol grip, from the 70s came with a plug in the tube limiting you to three shots. I know if i take one of those out in the woods, and lock off 16 rounds at deer in succession, game wardens will be climbing up my rear before i get out of the woods.
 

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728 Posts
Can you show me an ATF ruling that cites this shotgun? Otherwise its good to go. Now later on the ATF could change their mind and consider this a DD which has happened before. I can find sporting purposes for this gun if you cant that sounds like a personal problem. For the record shotguns were never meant to be considered DD "Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes." The USAS-12, Striker 12, and Streetsweeper were made DD at a time when the gun lobbyist had less control than today through a loophole. I bet if the ATF tried the samething today the end result would be quite different.

ATF
Ruling 2001-1

Pursuant to ATF Rulings
94-1 (ATF Q.B. 1994-1, 22) and 94-2 (ATF Q.B. 1994-1, 24), the Bureau
of Alcohol, Tobacco and Firearms (ATF) classified the USAS-12, Striker
12, and Streetsweeper shotguns as destructive devices under the National
Firearms Act (NFA), 26 U.S.C. Chapter 53. The NFA requires that certain
"firearms" be registered and imposes taxes on their making and
transfer. The term "firearm" is defined in section 5845 to include
"destructive devices." The term "destructive device"
is defined in section 5845(f)(2) as follows:

[T]he term 'destructive
device' means . . . (2) any type of weapon by whatever name known which
will, or which may be readily converted to, expel a projectile by the
action of an explosive or other propellant, the barrel or barrels of which
have a bore of more than one-half inch in diameter, except a shotgun or
shotgun shell which the Secretary finds is generally recognized as particularly
suitable for sporting purposes; . . .

The USAS-12, Striker
12, and Streetsweeper shotguns were classified as destructive devices
pursuant to section 5845(f) because they are shotguns with a bore of more
than one-half inch in diameter which are not generally recognized as particularly
suitable for sporting purposes.

Pursuant to 26 U.S.C.
7805(b), ATF. Ruls. 94-1 and 94-2 were issued prospectively with respect
to the making, transfer, and special (occupational) taxes imposed by the
NFA. Thus, although the classification of the three shotguns as NFA weapons
was retroactive, the prospective application of the tax provisions allowed
registration without payment of tax. ATF has contacted all purchasers
of record of the shotguns to advise them of the classification of the
weapons as destructive devices and that the weapons must be registered.
ATF has registered approximately 8,200 of these weapons to date.

Held, the
registration period for the USAS-12, Striker-12, and Streetsweeper shotguns
will close on May 1, 2001. No further registrations will be accepted after
that date. Persons in possession of unregistered NFA firearms are subject
to all applicable penalties under 26 U.S.C. Chapter 53.

Date signed: February
2, 2001
 
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