Pennsylvania Firearm Owners Association
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  1. #1
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    Default shortening barrel .22/.410 over/under?

    If I wanted to shorten the barrel on a .22/.410 over/under long gun, how would the result be classified? How would potentially shortening the stock as well figure into the final designation?

    Also, it's my understanding that if I "discovered" such an item with barrel and stock already shortened by a previous owner, but without paperwork, that the item is contraband, and there is no way to redeem it. Is that correct?

  2. #2
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    central, Pennsylvania
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    Default Re: shortening barrel .22/.410 over/under?

    If you want to cut a combo gun's barrels to between 12" and 17.9", it is an AOW. It doesn't matter what you do with the stock.

    https://www.atf.gov/firearms/firearm...arms-section-9

    $200 to make yourself on a Form 1, or find an SOT 2 to register and cut it down for you and transfer it on the fancy $5 red stamp.

    Seems handy for a casual backpacker gun.
    I am not a lawyer.

  3. #3
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    Default Re: shortening barrel .22/.410 over/under?

    The above info is correct.

    If you want to shorten the combination barrels below 12" - there isn't a firm determination as to what it should be. Some folks say it should still be a AOW, some say a dual stamp SBS+SBR.

    If it was never tax stamped PRIOR to manufacture(if made after 1968) - it is contraband forever.

    If it was made prior to 1932 and never tax stamped up until the end of 1968(there was a grace period of sorts until 1968 to get it stamped) - it is contraband thereafter.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa.

  4. #4
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    Default Re: shortening barrel .22/.410 over/under?

    Quote Originally Posted by knight0334 View Post
    The above info is correct.

    If you want to shorten the combination barrels below 12" - there isn't a firm determination as to what it should be. Some folks say it should still be a AOW, some say a dual stamp SBS+SBR.

    If it was never tax stamped PRIOR to manufacture(if made after 1968) - it is contraband forever.

    If it was made prior to 1932 and never tax stamped up until the end of 1968(there was a grace period of sorts until 1968 to get it stamped) - it is contraband thereafter.
    I believe you, but could you point me to the relevant citation? I told the person who made the inquiry to me that I would provide an actual legal clarification of the answer, even though my gut was as already stated.

  5. #5
    Join Date
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    Default Re: shortening barrel .22/.410 over/under?

    Greg,
    The gun is defined in 26 USC 5845 (e) and here is where it would explain all: https://www.atf.gov/file/58141/download It is also spelled out in the definitions on the BATFE Form 1, (1. Definitions, c. Firearms)

    This is what 26 USC 5845 (e) says: (I bolded the area about a rifle/shotgun combo)
    (e) Any other weapon. The term 'any other weapon' means any weapon or device capable of being
    concealed on the person from which a shot can be discharged through the energy of an explosive, a
    pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun
    shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in
    length, from which only a single discharge can be made from either barrel without manual reloading
    ,
    and shall include any such weapon which may be readily restored to fire. Such term shall not include a
    pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be
    fired from the shoulder and not capable of firing fixed ammunition.

    You can build one, it is a AOW (Any Other Weapon), not a SBR or SBS and does cost $200 to build it. However, once built, it can be sold and transferred on a BATFE Form 4 for $5 as an AOW.

    Now, that said, if the said weapon has already been made into a short barrel AOW, and was never registered and the tax stamp never issued, it is contraband and needs to be disposed of to the ATF (this is where you get a lawyer involved to turn it in because of lawyer-client privilege).
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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