Sources
- https://www.atf.gov/firearms/national-firearms-act
This is the official ATF page explaining the National Firearms Act of 1934, which directly regulates sawed-off shotguns and other firearms. It provides authoritative information on the legal restrictions and requirements. - https://www.law.cornell.edu/uscode/text/26/5845
This link from Cornell Law School provides the exact legal definition of a sawed-off shotgun under U.S. Code Title 26, § 5845, which is crucial for understanding the legal parameters discussed in the blog post. - https://www.supremecourt.gov/opinions/boundvolumes/307bv.pdf
This is the official Supreme Court opinion for United States v. Miller (1939), the landmark case that determined sawed-off shotguns are not protected under the Second Amendment. It directly supports the constitutional discussion in the blog post. - https://www.atf.gov/firearms/qa/what-constitutes-shotgun-under-nfa
This ATF FAQ page clarifies what constitutes a shotgun under the National Firearms Act, including barrel length requirements. It provides authoritative details on why sawed-off shotguns are regulated. - https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec922.htm
This link provides the text of the Gun Control Act of 1968 from the U.S. Government Publishing Office, which includes regulations on sawed-off shotguns and interstate sales. It supports the legal framework discussed in the blog post.
Key Points
- A sawed-off shotgun has a barrel length of about 18 inches, much shorter than standard shotguns (24-32 inches).
- Sawed-off shotguns are illegal for private use due to their concealability and effectiveness in close-quarters combat.
- The National Firearms Act of 1934 and the Gun Control Act of 1968 regulate the legality of sawed-off shotguns in the U.S.
- Sawed-off shotguns are dangerous due to their high power, short muzzle velocity, and greater pellet spread.
- The Second Amendment does not protect the possession of sawed-off shotguns, as ruled in United States v. Miller (1939).
- Obtaining a sawed-off shotgun requires an ATF permit, a background check, and compliance with state laws.
- Sawed-off shotguns were popular among criminals during Prohibition due to their compact design.
- Modifications like screw-in chokes can make sawed-off shotguns even more lethal by controlling pellet spread.
- Military and law enforcement personnel are more likely to legally possess sawed-off shotguns than private citizens.
- Sawed-off shotguns with barrels under 18 inches are illegal nationwide, and some states ban them entirely.
Summary
A sawed-off shotgun is a shortened-barrel shotgun, typically under 18 inches, making it easier to conceal but less accurate and more dangerous in close combat. These firearms are heavily regulated in the U.S. under the National Firearms Act of 1934 and the Gun Control Act of 1968, requiring strict ATF permits for legal ownership. While military and law enforcement can use them, private citizens face significant legal hurdles due to their concealability and increased lethality.
What Is a Sawed-Off Shotgun?
A sawed-off shotgun is a shotgun with a short barrel. Whereas a standard shotgun will have a barrel length of about 24 to 32 inches, a sawed-off shotgun typically has a much shorter barrel at about 18 inches. The overall length of the shotgun will also be less than 26 inches.
Why are sawed-off shotguns illegal?
A sawed-off shotgun has a shorter effective range because the muzzle velocity is lower. The short barrel also makes the shotgun shells harder to direct in one path. But the smaller size makes it useful for close-quarters combat, and it is easier to conceal.
These are the principal reasons why sawed-off shotguns are illegal for private use.
While military and law enforcement can use sawed-off shotguns, they are typically illegal for civilians.
A person can seek to apply to acquire one, but the rules for doing so are fairly strict.
What Gun Laws Say
The National Firearms Act of 1934 dictates the rules over what shotguns people can own in the United States.
The act states that people cannot transfer or possess heavy-duty firearms without proper licensing. Sawed-off shotguns and rifles with barrels less than 18 inches long are among the weapons prohibited under the act.
The Gun Control Act of 1968 is another federal law that regulates the legality of sawed-off shotguns. This act bans the mail-order sale of rifles and shotguns, including sawed-off models.
Interstate sales of guns are illegal. The law also prohibits most of those with a felony conviction and those who may be considered mentally incompetent from acquiring a sawed-off firearm.
Although sawed-off shotguns are illegal if the barrel is less than 18 inches long and restricted if they meet that minimum requirement, they can still be acquired with the appropriate Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) permit in some states.
The Danger of a Sawed-Off Shotgun
The main reason for these shotguns being illegal is it is extremely powerful when compared with other firearms.
The shorter muzzle velocity and greater spread make it tough to use, but these features make it an ideal weapon for close-quarters combat. The weapon could even blow off a vehicle door if used appropriately.
There’s also the consideration of how well someone can conceal a shotgun. Since the shotgun is much shorter than a standard model, it becomes easier for someone to hide it in plain sight.
The compact design of the weapon made it popular among many criminals in the twentieth century, especially those engaged in illegal smuggling and mob-related activity during Prohibition.
Modifications and increased lethality
It is possible for people to modify sawed-off shotguns to keep their spreads under control. Gun owners can add a screw-in choke into the muzzle to help create a tighter shooting pattern.
Such a design keeps the pellets from spreading as widely, making the shotgun more effective at range. The feature can make the shotgun even more dangerous.
Doesn’t the Second Amendment Protect Sawed-Off Shotgun Sales?
The Second Amendment of the United States Constitution says that Americans have the right to keep and bear arms in support of a “well-regulated militia.”
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However, the possession and use of a sawed-off shotgun are not protected under the Constitution.
The Supreme Court case of United States v. Miller (1939) determined that the amendment does not protect a sawed-off shotgun.
This landmark decision related to the transportation of a sawed-off shotgun across state lines and the contention that the National Firearms Act violated the right of citizens such as Jack Miller to bear arms.
However, the court unanimously concluded that possessing a sawed-off shotgun doesn’t have any relationship to helping support a “well-regulated militia.”
Is It Possible to Obtain a Sawed-Off Shotgun?
There are a number of guidelines if you wish to possess a sawed-off shotgun or rifle:
- The person acquiring the shotgun must be at least 21 years of age.
- Local state laws should be considered. Anyone living in a state where sawed-off shotguns are illegal should avoid attempting to acquire one of these weapons. These include states like California, Minnesota, New Jersey, Rhode Island, Virginia, and the state of Washington.
- That person must also have a permit from the ATF.
- People looking to build a sawed-off shotgun must fill out ATF Form 1, the Application to Make and Register a Firearm. Those who buy one will fill out ATF Form 4, which helps determine if someone is eligible for a firearm.
- The applicant must also undergo a thorough background check.
- A transfer fee is necessary. The charge could be hundreds of dollars.
The timeframe for getting a permit for one of these shotguns can be lengthy and difficult to predict.
Most people who successfully acquire sawed-off shotguns are members of organizations devoted to protecting the country, including the military or law enforcement.
Private citizens will have a much harder time obtaining one.
A Restricted Weapon
Sawed-off shotguns are extremely powerful and easy to conceal, making them heavily restricted weapons in the United States.
Any sawed-off shotgun with a barrel under 18 inches in length is illegal nationwide, while sawn-off shotguns are generally illegal in some states.
In states where these weapons are legal, an ATF permit is required to possess them.
2 Responses
It all starts with CITIZENSHIP !
If you’re a statutory citizen these laws apply. Learn the definitions of the 3 United States and the words of art your government tricks you into being a statutory citizen or a government employee.
im sure randy weaver and david koresh believed and said the same thing and they got murdered by agents of the federal government anyway.