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Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 5:49 pm
by bjthompson
So hypothetically, a friends dad passed away a while ago and he was going through some old trunks of his dad's old stuff and found an old sawed off shotgun. Definitely less than 18 inches. What should this friend do with this weapon? Hypothetically, of course
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 5:53 pm
by OldCannon
bjthompson wrote:So hypothetically, a friends dad passed away a while ago and he was going through some old trunks of his dad's old stuff and found an old sawed off shotgun. Definitely less than 18 inches. What should this friend do with this weapon? Hypothetically, of course
Take a hypothetical band saw to it and turn it into several unusable pieces. Unless, of course, you want to register it as an NFA item and answer all the questions about its origin.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 6:05 pm
by Carry-a-Kimber
Chop it up, it can not be registered as a SBS.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 6:10 pm
by Dave2
Could this hypothetical shotgun have a new non-sawn-off barrel attached to it?
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 6:12 pm
by jmra
Dave2 wrote:Could this hypothetical shotgun have a new non-sawn-off barrel attached to it?
A new barrel was my thought also. The other option would be to remove the barrel and sell the receiver and stock.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 6:43 pm
by cheezit
why not an sbs? its a tax stamp and should not be a big deal unless im missing something?
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 7:05 pm
by PBratton
cheezit wrote:why not an sbs? its a tax stamp and should not be a big deal unless im missing something?
You have to show origin/manufacturer...
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 7:06 pm
by puma guy
PBratton wrote:cheezit wrote:why not an sbs? its a tax stamp and should not be a big deal unless im missing something?
You have to show origin/manufacturer...
Beat me to it.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 7:32 pm
by Carry-a-Kimber
cheezit wrote:why not an sbs? its a tax stamp and should not be a big deal unless im missing something?
You can't add an existing SBS to the NFA registry, you can only register it before you make it.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 8:16 pm
by Jumping Frog
Carry-a-Kimber wrote:cheezit wrote:why not an sbs? its a tax stamp and should not be a big deal unless im missing something?
You can't add an existing SBS to the NFA registry, you can only register it before you make it.
Install a long barrel.
Give the short barrel to someone else for safekeeping to avoid "constructive possession" issues.
Register it as a SBS.
Once the paperwork comes through, re-install the original barrel.
Feasible?
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 10:27 pm
by MoJo
OldCannon wrote:bjthompson wrote:So hypothetically, a friends dad passed away a while ago and he was going through some old trunks of his dad's old stuff and found an old sawed off shotgun. Definitely less than 18 inches. What should this friend do with this weapon? Hypothetically, of course
Take a hypothetical band saw to it and turn it into several unusable pieces. Unless, of course, you want to register it as an NFA item and answer all the questions about its origin.

the hypothetical chance of going to hypothetical club fed are way more than hypothetical.
Jumping Frog wrote:
Give the short barrel to someone else for safekeeping to avoid "constructive possession" issues.
Register it as a SBS.
Once the paperwork comes through, re-install the original barrel.
Feasible?
Suggesting ways to circumvent or to break the law are not hypothetical violations of forum rules. (rule 4)
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 11:05 pm
by Jumping Frog
MoJo wrote:Jumping Frog wrote:
Give the short barrel to someone else for safekeeping to avoid "constructive possession" issues.
Register it as a SBS.
Once the paperwork comes through, re-install the original barrel.
Feasible?
Suggesting ways to circumvent or to break the law are not hypothetical violations of forum rules. (rule 4)
I am most definitely not suggesting someone break the law, I was trying to devise a means to solve a problem legally. Please do not imply otherwise.
As soon as the barrel comes off the gun and is given to someone else, the firearm is no longer illegal.
Re: Sawed off shotgun... What to do with it?
Posted: Mon Feb 04, 2013 11:13 pm
by bjthompson
Thanks for the input y'all. I'm assuming hypothetically that the stock is not worth anything and that it is just an old piece of junk and the barrel is a bit rusted so if said situation ever arises I would tell my friend to make little pieces out of the big pieces so as to not spend time making little rocks out of big rocks.
Re: Sawed off shotgun... What to do with it?
Posted: Tue Feb 05, 2013 12:23 am
by ddurkof
Once the barrel is removed from the proximity of the weapon it no longer falls under the National Firearms Act. But unless there was a real compelling reason not too, I would destroy the barrel.
From a strictly legal point of view an attorney working for the estate can contact BATFE and ascertain if the weapon was registered by the decedent. If it was, it can be transferred tax free via a Form 5 to the legal heir as long as they are not a prohibited person and it is legal for them to have possession within the jurisdiction.
It is a SBS, and unless it is worth a great deal of money, it is just not worth the effort.
You can turn it over to a police department, a museum (if it will take it), or destroy it. Those are the practical options. Don't get sideways with something that is basically worthless. If it was a 1928 Overstamp Thompson in mint condition or a BAR, it would be worth the effort, a SBS, not so much.
Re: Sawed off shotgun... What to do with it?
Posted: Tue Feb 05, 2013 7:08 am
by KRM45
Sounds like it should be brought to the next gun "buy-back". Try to get a little cash out of it, and let someone else dispose of it...
I've never heard of someone being charged with anything at one of those.