For people who ostensibly really really want to open carry NOW legally with $5.00 and enjoy Federal Paperwork, or who can't afford a CHL
"Hey bud, you got a license to carry that?" ... Nope
"You a police officer" ... Nope
Wonder how that would go over in a mall, especially one posted with a 30.06 sign.
I can't see it ending well, but it's legal to open carry already.
(I usually link to photos I upload to photobucket, testing the "attach" option.)
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 5:23 pm
by Beiruty
what do you mean $5 Federal paper work? If this is a Pistol, so you can't carry if this a short barrel shotgun ( It should have a stock), it is illegal to carry or even own unless your have the federal stamp.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 5:29 pm
by RPB
Beiruty wrote:what do you mean $5 Federal paper work? If this is a Pistol, so you can't carry if this a short barrel shotgun ( It should have a stock), it is illegal to carry or even own unless your have the federal stamp.
It never had a stock, if it had, it would be a Short Barreled Shotgun.
They are originally built with pistol grips to be AOW
Yes, you pay $5.00 for the Federal Stamp ... see procedure here http://www.serbu.com/dw/nfa.php" onclick="window.open(this.href);return false;
and see the above link if you want to do a trust. (Might keep personal names away from Wikileaks, and might be easier to transfer to descendants who couldn't inherit one, and be easier since local PD doesn't have to "sign it" ... or something like that ... still researching.)
I was just testing the pic thingy, but point is, $5.00 is the current price of Open Carry
versus the cost of a CHL ... so ... anyway. just testing the attach thingy
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 5:51 pm
by Beiruty
For Federal Purposes, the above pictured is a SBR (Shotguns included too). I have a deep feeling that a Prosecutor in TX can claim the above pictured firearms as pistol. I see a lot of SIG 556 with no butt and very short barrels are referred to as Pistol to avoid the SBR and it is restrictions. with the Feds.
Beiruty wrote:For Federal Purposes, the above pictured is a SBR (Shotguns included too). I have a deep feeling that a Prosecutor in TX can claim the above pictured firearms as pistol. I see a lot of SIG 556 with no butt and very short barrels are referred to as Pistol to avoid the SBR and it is restrictions. with the Feds.
In contrast to what you pictured ...The 12 guage Serbu pretty much takes 2 hands to operate.
The foregrip flops down as a second grip, with which to operate the pump shotgun action.
It would be really hard to operated as a pistol. In fact, if you don't hold the front grip REAL WELL, your hand ends up in front of the muzzle due to 12 ga. recoil.
It's a 2-handed operation to work the action / pump anyway.
Whereas what you pictured is an autoloader and could be operated with 1 hand easier probably.
But, with a longer carbine barrel, the pictured one you gave could be carried as a carbine rifle openly instead of being an SBR.
I think the serbu is just like a longarm in where it could be carried.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 6:26 pm
by Charles L. Cotton
Tex. Penal Code §46.01(5) wrote:"Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 6:35 pm
by Beiruty
one hand operation:
" onclick="window.open(this.href);return false;
another wih 2 hand pisto grip: " onclick="window.open(this.href);return false;
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:04 pm
by Carry-a-Kimber
Beiruty wrote:For Federal Purposes, the above pictured is a SBR (Shotguns included too). I have a deep feeling that a Prosecutor in TX can claim the above pictured firearms as pistol. I see a lot of SIG 556 with no butt and very short barrels are referred to as Pistol to avoid the SBR and it is restrictions. with the Feds.
For Federal purposes, the gun is an AOW, thats why there is a $5 stamp instead of $200 stamp. An AOW has never and could never have a shoulder stock attached. An SBS (Short Barrel Shotgun) may have either a pistol grip or shoulder stock, requiring a $200 stamp. However, I believe the Super Shorty is classified as a "smooth-bore, shot-pistol" within the AOW catagory; therefore, it would fall under the same applicable "no handgun" rules as any other pistol.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:21 pm
by RPB
designed, made, or adapted to be fired with one hand.
isn't "can be operated with 1-hand"
like I can open ANY knife with 1-hand (I only have one hand)
But hmmmm smooth-bore, shot-pistol" within the AOW catagory; therefore, it would fall under the same applicable "no handgun" rules as any other pistol.
I got conflicting answers elsewhere
but ...
... Well okie dokie then ... I need a Carbine holster
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:33 pm
by RPB
So basically ... it's an
DO YOU WANT TO OPEN CARRY THIS ENOUGH TO BE A TEST CASE type thingy...
... Well okie dokie then ... I need a Carbine holster
Pre-CHL existence, 1979 or so, I carried a double barreled coach gun 18.5" barrel down main street and Elgin/Westheimer, in downtown Houston ... but times are different now.
(Personally, I prefer concealed anyway ... figured I could find a way for the open carry desiring crowd.. I prefer not to show my hole cards)
denwego wrote:
mmestx wrote:So, where would I be able to get clarification concearning the state definition of a glock that is registered as an SBR?
Short-barrled rifles/shotguns are still considered rifles and shotguns under state law, just a particularly restricted type. Vasquez v. State (1982) stated that a rifle whose barrel was shortened and stock completely removed didn't become a pistol, quoting "the definition referred to the design of the weapon, not to its present state after modification." That's supplemented by Ford v. State (1994), which said “the mere fact that a weapon may be defined as a handgun does not disqualify it from also being a short- barrel firearm. A weapon under twenty-six inches in length adapted from a shotgun makes it a short-barrel firearm regardless of whether it can be fired with one hand.”
Both of those cases refer to weapons which started off as long guns and were shortened, but I tend to believe that it would go the other way as well regarding handguns turned into SBRs. Those two cases would offer some strong precedent that a Glock turned into a SBR would still be considered a handgun based on its "original design," as well as also being a SBR which is regulated by §46.05. Thoughts?
srothstein wrote:well, since you asked RPB, I guess I will comment.
First I wanted to say I don't advise this because anyone who does this is really on the cutting edge of the law. And people on the cutting edge usually end up bleeding.
I agree with most of the comments on the signs pictured. The Serbu Shorty is not a handgun as I understand the definition and the weapon. Not having a shoulder stock makes this fairly questionable and I would point to the old Steve McQueen tv show as the reason why.
But if we assume that the shorty is not a handgun, you can carry them anywhere that a rifle is not banned. This includes ignoring 46.02 totally and they can be carried concealed or openly. Signs for 30.06 do not apply, and neither does 51% signs. The blue TABC signs do not apply since, as noted, they require a violation of 46.02 before they become effective. A 30.05 sign banning concealed guns means you could legally carry the shorty open and ignore the sign. A 30.05 sign banning any guns would stop you from carrying there.
Basically, the shorty would be considered the same as an M-1 Garand under the law. I think we all understand where we can carry a rifle legally, and where it would cause problems even if legal. If the firearm is not a handgun under the law, then consider it the same as the M-1 for carrying purposes, just easier to physically conceal.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:41 pm
by Carry-a-Kimber
RPB wrote:designed, made, or adapted to be fired with one hand.
isn't "can be operated with 1-hand"
like I can open ANY knife with 1-hand (I only have one hand)
But hmmmm smooth-bore, shot-pistol" within the AOW catagory; therefore, it would fall under the same applicable "no handgun" rules as any other pistol.
I got conflicting answers elsewhere
but ...
... Well okie dokie then ... I need a Carbine holster
Got mine here http://www.atf.gov/firearms/guides/iden ... earms.html" onclick="window.open(this.href);return false; 13th gun from the bottom. You could always get a short barrel shotgun and put a pistol grip on it. Only cost you $195 more for the stamp. Good news a SBS Mossy can be had for about $350 instead of $550 for the Serbu so its a wash.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:49 pm
by cbr600
deleted
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 7:55 pm
by RPB
cbr600 wrote:
RPB wrote:It's a 2-handed operation to work the action / pump anyway.
Guess I should have just posted this thread in General lol I didn't think anyone would see it here ... and was just brainstorming and testing
NOW THAT I've wanted since Luke (not Skywalker) had one (Lucas McCain, The Rifleman)
That I'd get before a serbu ... as I saw on another thread ,,, this forum is costing me money buying stuff I see
So ... wonder where you can/can't carry one of those. ... a "pistol" a carbine??
There are numerous variations-rifles, carbines,
Barrel Length: 12”
The Ranch Hand’s 12-inch barrel complies with federal regulations,
so. could this "carbine" be carried where rifles are allowed. like a non-pistol AOW?
Never seen it before thanks ... I'm really interested in that, didn't really favor a 12 ga. recoil on my arthritic wrist.
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 8:06 pm
by cbr600
deleted
Re: Super Shorty Holster Pic test
Posted: Tue Dec 21, 2010 8:08 pm
by Beiruty
Looking at this NFA class: Smooth-Bore, Shot-Revolver
Than to own a Judge Shooting 410 shot shell needs at $5 AOW and Fed paper. Are current owners of the Judge doing that?