Are Sawed-Off Shotguns Illegal?
Direct Answer:
Sawed-off shotguns are illegal under federal law in the United States, but the legality of short-barreled shotguns (SBSs) varies from state to state.
Federal Law:
The National Firearms Act (NFA) of 1934 made it illegal to manufacture, sell, or possess short-barreled shotguns (SBSs) without a tax stamp and registration. A shotgun with a barrel length of less than 18 inches or an overall length of less than 26 inches is considered a SBS.
Definition of a Short-Barreled Shotgun (SBS):
- A shotgun with a barrel length of less than 18 inches (45.72 cm)
- A shotgun with an overall length of less than 26 inches (66.04 cm)
Registration and Tax Stamp:
To legally own an SBS, you need to register it with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and pay a $200 tax stamp. This tax stamp is a one-time fee that applies to each SBS you own, not per year.
State Laws:
While federal law prohibits the ownership of SBSs, some states have their own laws and regulations regarding the possession and use of SBSs. In some states, SBSs are legal for possession and use by licensed firearm dealers, law enforcement officers, and civilians.
State-by-State Summary:
| State | Legal Status |
|---|---|
| California | Illegal |
| Florida | Legal for licensed firearm dealers and law enforcement |
| Illinois | Illegal |
| Michigan | Legal for licensed firearm dealers and law enforcement |
| New York | Illegal |
| Texas | Legal for licensed firearm dealers and law enforcement |
| Virginia | Legal for licensed firearm dealers and law enforcement |
Important Note:
Even in states where SBSs are legal, there may be specific requirements or restrictions on their ownership and use. For example, some states may require a special permit or license to own an SBS.
Violations and Penalties:
Violating federal law by possessing or selling an SBS without a tax stamp and registration can result in severe penalties, including:
- Criminal charges and fines
- Up to 10 years in prison
- Seizure of the SBS and other firearms
Conclusion:
In summary, sawed-off shotguns are illegal under federal law in the United States, and their legality varies from state to state. While some states allow the possession and use of SBSs by licensed firearm dealers, law enforcement officers, and civilians, others prohibit them altogether. It is essential to understand the laws and regulations regarding SBSs in your state before acquiring or possessing one.
Additional Tips:
- Always check with your state’s Attorney General or a qualified firearms attorney to confirm the legality of SBSs in your state.
- If you plan to own an SBS, ensure you comply with all federal and state regulations regarding registration, tax stamps, and permits.
- Consider consulting with a firearms dealer or a law enforcement officer to ensure you understand the legal requirements and implications of owning an SBS.
Remember, ignorance of the law is not an excuse. Always prioritize knowledge and compliance when it comes to firearms, including SBSs.
