Are Short Barrel Shotguns Illegal?
As an owner or enthusiast of firearms, understanding the laws and regulations surrounding shotgun ownership can be daunting. One common question often asked is whether short-barrel shotguns are legal. In this article, we will provide a detailed overview of the laws and regulations governing short-barrel shotguns in the United States and abroad.
What are Short Barrel Shotguns?
Definition: A short-barrel shotgun is typically defined as a shotgun with a barrel length of 18 inches (45.72 cm) or less. These shotguns are often used for various purposes, including home defense, hunting, and competition shooting.
Federal Law and Regulations
In the United States, the National Firearms Act (NFA) regulates the ownership and possession of short-barrel shotguns. Under the NFA, tax stamps are required to own or possess certain firearms, including short-barrel shotguns.
§5414: Firearms Defined
The NFA defines a firearm as:
- Any part or combination of parts (including any barrel, shoulder stock, pistol grip, or muffler) designed or intended to be converted into a firearm
- Any device designed or intended to be used in converting a firearm into another firearm
- Any combination of parts from which a firearm can be assembled
§5845 (a)_: Machineguns and Certain Other Firearms
The NFA lists specific firearms that are restricted or prohibited, including short-barrel shotguns:
- Any shotgun having a barrel or barrels of less than 18 inches (45.72 cm) in length
- Any shotgun not designed or redesigned and made or remade for use as a decreasing bore weapon, or for use as a firearm with rifled bore, and both having a barrel or barrels of less than 16 inches (40.64 cm) in length, or any firearm designed or redesigned and made or remade to fire fixed cartridge ammunition
Are Short Barrel Shotguns Illegal?
Federal Legal Status: According to the NFA, short-barrel shotguns are illegal for civilian ownership. Any individual, including law enforcement or civilian, who owns or possesses a short-barrel shotgun without a tax stamp is in violation of federal law.
Table: NFA Regulations on Short-Barrel Shotguns
Long Barrel Shotguns (LB) | Short Barrel Shotguns (SB) | |
---|---|---|
Federal Status | Legal for civilian ownership | Illegal for civilian ownership |
Tax Stamp Requirement | No tax stamp required | Tax stamp required for ownership |
Legal Length | Barrel length > 18 inches (45.72 cm) | Barrel length ≤ 18 inches (45.72 cm) |
State-Specific Laws and Regulations
While federal law prohibits short-barrel shotguns, state laws may differ. Some states permit the ownership and possession of short-barrel shotguns with specific permits, restrictions, or regulations.
- California: Requires a Special Occupation Tax Payment for short-barrel shotguns
- Florida: Allows short-barrel shotguns with proper permits and compliance with federal regulations
- Texas: Exempts law enforcement and licensed collectors from short-barrel shotgun ownership restrictions
Consequences for Illegal Ownership
If caught owning or possessing a short-barrel shotgun without a tax stamp, you may face criminal charges, including:
- Misdemeanor charges, potentially resulting in fines and up to 10 years’ imprisonment
- Felony charges, potentially resulting in fines and up to life imprisonment
- Confiscation and seizure of the shotgun
Conclusion
Short-barrel shotguns, with barrel lengths of 18 inches (45.72 cm) or less, are illegal for civilian ownership under federal law and subject to strict regulations and permits at the state level. It is essential to understand and comply with applicable laws and regulations to avoid legal consequences.
Recommended Resources
- National Rifle Association (NRA): www.nra.org
- Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF): www.atf.gov
- State and local law enforcement agencies
- NFA-specific forms and regulations: www.atf.gov/firearms/nafa