Super Shorty Question

**SouthPawPatriot** · February 14th, 2009, 08:53 AM

I have been looking at a Super Shorty for a little while. Not for any serious dedicated purpose but more likely just a fun gun and to scratch the the itch of Ineedanewgunitis. As a Delaware resident I am permitted by the state to own an AOW however thanks to a previous law it is illegal to have a smoothbore pistol. Assuming I am not completely wrong and don't have my facts screwed up (statistically I should be right about something one of these days), would I be able to have the Serbu Super Shorty made with an 870 with rifled barrel?

Thanks again for any and all help.

**Gun Bowanna** · February 14th, 2009, 02:04 PM

Why not call Surbu and ask 'em?
813-243-8899

Personaly I dont think it would be a problem to use a rifled slug barrel.
OR (Big "or"),

Ask 'em to build it with a Briley straight rifled turkey barrel...
It'll cost a bit more, but, what the hey, it's only your kids money right.

**knight0334** · February 14th, 2009, 04:29 PM

Under federal recognition, and recognition of most of the states - a rifled shotgun is still considered a "smoothbore" because the design of the bore(with long guns). With a rifled shotgun, the bore and lands are opposite of a truly "rifled" bore. The bore with the rifled shotgun is the larger of the two diameters, with the rifling being raised. With a "rifled" barrel, the rifling is the grooves and the bore is the smaller diameter.

However the ATF has been known to change their opinion at will, and differentiate between even two agents' opinions at the same time. If they consider a rifled barrel shotgun of such overall dimensions as a non-sporting firearm, it would become a Destructive Device with rifling and bore diameter. You'd then have to figure in what Delaware considered the type of bore.

First step would be to contact the ATF as to if a Super Shorty type firearm with a "rifled" shotgun barrel is a AOW or a DD. If its an AOW, then its still a smoothbore pistol. Then get the opinion of DE. If its a DD under federal, and not a "smoothbore" under DE, and if DE allows DD's - you should be good to go.

**gdragon** · February 14th, 2009, 05:41 PM

It's not a smoothbore pistol, it's a smoothbore AOW. Should be fine

**knight0334** · February 14th, 2009, 05:46 PM

Originally Posted by gdragon

It's not a smoothbore pistol, it's a smoothbore AOW. Should be fine

Despite what the feds call it, if DE calls it a smoothbore pistol, it would be illegal under DE law.

All smoothbore pistols are AOW's, but not all AOW's are smoothbore pistols. It being designated a AOW under federal law doesn't detract from it being a smoothbore pistol under state laws or in actual universal description.

**evilfij** · February 16th, 2009, 08:56 PM

I am curious about whether an SBR prohibited. I don't see anythign about it. Do you think ATF will sign something saying I can bring an SBR into Delaware everyday?

I am not sure about your question and I think the answer is no you are not, but here is the statute for you to read (which looks like it was modified in July of 2008):

§ 1444. Possessing a destructive weapon; class E felony.

(a) A person is guilty of possessing a destructive weapon when the person sells, transfers, buys, receives or has possession of a bomb, bombshell, firearm silencer, sawed-off shotgun, machine gun or any other firearm or weapon which is adaptable for use as a machine gun.

(b) Possessing a destructive weapon is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).

(c) The term "shotgun" as used in this section means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. The term "sawed-off shotgun" as used in this section means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than 26 inches.

( 11 Del. C. 1953, § 1444; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 12; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 411, § 1.; )

**JayBell** · February 19th, 2009, 10:54 PM

the main issue you have here is that the Serbu Shorty in AOW form is specifically an AOW because its classified as a smooth bore pistol, not for the forward grip.

so no, you cannot have an AOW Serbu Shorty in DE, nor can you own the Short Barrel Shotgun version.

machine guns, suppressors, short shotguns, and explosive destructive devices are NOT legal in DE.

only Short Barrel Rifles, LARGE bore Destructive Devices and non smooth bore AOWs are legal in DE.

also, making one on a rifled barrel would make a serbu shorty a "large bore destructive device"...so you COULD have one made, or make one...but the tax would be $200 instead of $5, but it would be legal in DE...but i dont think Mark is a DD manufacturer.

you could make one yourself on a Form 1 if you can get a signature.

thats the only options.