Why doesnt an NFA shotgun fall into prohibited offensive weapon category

[FloridaState]

Found this deffinition of Firearm and was wondering if why it is different than the usual deffinition that is posted here. It seems that this deffinition would allow you to carry anytype with a LCTF.
"Firearm."
Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

Would an NFA SBS shotgun fall into this category?
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

(d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
(1) Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education and Training Law. [FN1]
(2) Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.


Pennsylvania case law:
Where opening knife required lock to be released, and
once lock was released blade could be exposed by flip of
wrist, knife did not have blade which could be "exposed in
an automatic way"... by "otherwise" legislature referred
to knives that were opened by some sort of mechanism which
is not a "switch," "push-button," or "spring" mechanism
but still a mechanism... (1979)

[liberty556]

Found this deffinition of Firearm and was wondering if why it is different than the usual deffinition that is posted here. It seems that this deffinition would allow you to carry anytype with a LCTF.
"Firearm."
Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

Would an NFA SBS shotgun fall into this category?
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

(d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
(1) Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education and Training Law. [FN1]
(2) Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.


Pennsylvania case law:
Where opening knife required lock to be released, and
once lock was released blade could be exposed by flip of
wrist, knife did not have blade which could be "exposed in
an automatic way"... by "otherwise" legislature referred
to knives that were opened by some sort of mechanism which
is not a "switch," "push-button," or "spring" mechanism
but still a mechanism... (1979)

It does but there is an exception clause to Title 18, section 908 that states if you comply with NFA then the weapon is legal in PA.

[MartinBrody]

1st question...OP said...

Found this deffinition of Firearm and was wondering if why it is different than the usual deffinition that is posted here. It seems that this deffinition would allow you to carry anytype with a LCTF.
"Firearm."
Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

There is more than one definition of a firearm in the UFA I think, the other definition you see here most often refers to what is covered by your LTCF and what you can have in your car etc. The different definitions apply to different sections. Hopefully I got this right, if not I will soon be corrected.

2nd question...Regarding NFA Short barreled shotguns and prohibited offensive weapons...
liberty556 said...

It does but there is an exception clause to Title 18, section 908 that states if you comply with NFA then the weapon is legal in PA.

True, here you go, as long as you comply with the federal law (NFA) you are ok. This is earlier in the prohibited offensive weapons law.

(b) Exceptions.--
(1) It is a defense under this section for the defendant
to prove by a preponderance of evidence that he possessed or
dealt with the weapon solely as a curio or in a dramatic
performance, or that, with the exception of a bomb, grenade
or incendiary device, he complied with the National Firearms
Act (26 U.S.C. § 5801 et seq.), or that he possessed it
briefly in consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any
intent or likelihood that the weapon would be used
unlawfully.

[Deadpan]

Would an NFA SBS shotgun fall into this category?
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

It might. As has been pointed out, there is an exception for prohibited offensive weapons (other than explosive devices) that are owned in compliance with federal law. The term sawed-off is ambiguous without knowing the history and legislative intent behind it and any caselaw that may have clarified it. Long ago most long arms were made to more sporting specifications and criminals cut down the barrels and stocks to make them concealable, hence the term sawed-off. The question is whether a SBS is automatically "sawed-off" or if the term only refers to a shotgun that has had the barrel and/or stock hacked down to a shorter length. I personally wouldn't consider a Mossberg 590A1 with factory 14" bbl to be "sawed-off", but I don't make caselaw around here. Perhaps some of our legal eagles can elucidate...