The shotgun is legal, the semi-automatic is not due to the fact that it accepts both a magazine and has a pistol grip The “other” shotgun shockwave and shotguns like them with a 14-15 inch barrel (the Remington TAC-14 shotgun and Charles Daly`s semi-automatic honcho for example) is actually a short-barreled shotgun that would usually require a tax stamp. and registration under the NFA. However, since the legal definition of a shotgun states that it must have a reserve to be considered a “shotgun”, it has been determined by the ATF (Bureau of Alcohol Tobacco Firearms and Explosives) that if the firearm never had a stock and was manufactured by a gunsmith and sold with only one kind of pistol grip, it is not legally a shotgun under the National Firearms Act and therefore does not have to meet the minimum barrel length. The new law, signed into law by Governor Kathy Hochul on June 6, 2022, redefines the term firearm in New York City. Under New York law, a firearm requires a license to legally possess the firearm like any other handgun. The new Act amends article 265.00, paragraph 3, of the Criminal Code to include in the definition of firearm any other weapon not defined in Criminal Law 265.00 that is designed or may be modified to fire a projectile by force of an explosive. The problem is with section 400 and the types of licences issued. Section 400.00 (2) of the Criminal Code states that licences are granted for a “pistol or revolver”. and we`ve just spent the last five years arguing that a Mossberg Shockwave is not a gun. If a friendly county is willing to add this to a gun licence, it looks like you will be able to legally possess any firearm added to your licence.
Article 265.20 (3) of the Criminal Code grants an exemption for possession of a revolver or pistol to those who hold a valid licence. What about magazines? You have one year to dispose of all magazines that can hold more than 10 rounds (usually the 30-round magazines that exist under the state law of 1994, which previously defined restrictions on assault weapons and firearms). Under the new law, you can still use 10-shot magazines, although legally, you can only load a maximum of seven balls at a time. Any semi-automatic shotgun with a detachable magazine is illegal in New York City, and contrary to what would make sense, pistol grips are not prohibited on shotguns. The National Shooting Sports Foundation (NSSF), the firearms industry`s trade organization, says its interpretation of the new law suggests that any firearm that is not classified as a handgun or long gun is now banned in New York City, including “others.” Given that the shockwave and similar guns are firearms, but not long guns or handguns, it appears that they are now outright banned and New Yorkers cannot legally own them. What about people who use weapons illegally? There are various harsher penalties for those who break the law when it comes to illegal purchases of firearms, use of firearms in a crime, swinging a firearm on school grounds, or shooting a child or first responder. Here`s a recap: We`ve written a lot about the Mossberg Shockwave, Remington Tac-14, and AR-15 in the past. The basic principle is for a weapon that is not intended to be fired from the shoulder, so it cannot legally be considered a rifle or shotgun and is defined as being fired with both hands, so it does not meet the legal definition of a pistol. Therefore, the restrictions on the barrel length of shotguns and rifles did not apply as long as the total length of the weapon was greater than 26 inches. In addition, since these weapons were not pistols, shotguns or rifles, they could have foldable butts, lightning suppressors and/or bayonet eyelets and could not fall within the definition of “assault weapons”.
Despite the fact that these “others” do not appear to be the source of a significant crime, it has angered the gun thieves. Now they are regulated by the new law and will likely need to be added to a gun license to be kept. The new law removes the exception from the definitions section of Article 265 of the Criminal Code and removes the defences under Article 265, which were an administrative offence for the possession of legally owned magazines before the SAFE Act came into force in 2013. The SPAS-12 was tested by the U.S. Coast Guard and showed promising results, but again, it was not considered cost-effective for a contract through other available suppliers. The September 1994 assault weapons ban led American Arms to stop importing SPAS-12 with significant sales losses due to legal restrictions invoked by the United States. Prohibition of assault weapons. [9] Despite changing the definition of firearm, these “other weapons” are not defined as a pistol, shotgun or rifle and, therefore, are still not defined as a type of “assault weapon” in New York.
Instead, they are defined as “firearms.” Firearms require a gun license to legally possess in New York City. The question is whether counties are willing to add other types of “other weapons” to gun permits. It seems that there is a fine line between a Mossberg Shockwave or a similar weapon and perhaps with some minor modifications, it can be considered a pistol. The set also makes imminent massive damage a crime, requires microbuffers for new semi-automatic handguns (despite the fact that such technology doesn`t exist and probably wouldn`t work if it did), and eliminates grandfathering of “high-capacity power devices,” also known as standard capacity magazines. New York has a capacity limit of 10 chargers. All standard capacity chargers that residents owned before the ban came into effect were completely legal. Now, it seems that anyone who still owns these mags is breaking the law. The 1994 Crime Bill, signed into law by President Clinton on September 13, 1994, included the Combating Violent Crime and Law Enforcement Act of 1994. The Act included provisions amending the Gun Control Act (GCA, 1968) to make it a federal crime for an individual to possess or transfer (sell, give, etc.) an “assault weapon” manufactured after that date. [18 U.S.C.
922(v)]. “Assault weapons” manufactured on or before that date are grandfathered, meaning that the law does not prohibit their possession or transfer. The law requires that “assault weapons” manufactured after September 13, 1994 be labeled with their date of manufacture or serial number to identify the date of manufacture of the factory. [11] The SPAS-12 and LAW-12 shotguns are illegal for possession in states that have a “military assault weapon style” law that identifies shotguns by name when prohibited individually by each state. States may have had a registration schedule that would allow them to grandfather prior to each state`s individual ban. The listed U.S. states and territories that currently prohibit SPAS-12 and LAW-12 from becoming individual civilian owners are California,[12] Connecticut,[13] the District of Columbia,[14] Maryland,[15] Massachusetts,[16] New Jersey,[17] and New York. [18] The Pump-Action Franchi SAS-12 could hold 3-inch shells, but no bolt handle had been cut in the bolt body.
The SPAS and the LAW could only carry 23⁄4 shells.” The SAS-12 has a barrel length of 21.5″, a total length of 41.5″, a weight of 7 lbs 4 oz. and a capacity of 8 cartridges in the magazine + 1 in the chamber. The underlying problem is that there are little to no guidance on what current owners of such firearms should do to stay on the right side of the new law. READ MORE – Pro tips: Why commuting isn`t just about your EDC gun The 10% legislative package signed by Hochul last month included a few extra punches in the stomach for law-abiding gun owners. What about pistol licences? Under the new law, handgun owners must have a gun license and recertify the information in the NYPD license every five years. The information includes address, date of birth, firearms description and other personal information. Local authorities still have the power to decide who gets a gun permit. Both importers placed numerous additional orders for SPAS-12, which were never fully fulfilled due to U.S.
import restrictions. This is the reason for the small number of shotguns imported into the United States. [10] There were two importers of SPAS-12 shotguns into the United States. The importation of SPAS-12 into the United States began in 1982 and ended in 1989 under F.I.E. Corp. In 1989, the F.I.E. suffered a significant decline in sales due to the President`s import ban, which was a reinterpretation of 18 U.S.C. 925(d)(3), which required firearms to have a “sporting purpose” in order to be imported. The appearance and purpose of the SPAS-12 initially led to its “military” designation as a shotgun. Designed from the outset as a rugged military shotgun, the SPAS-12 was named the special-purpose automatic rifle.
In 1990, Franchi renamed the shotgun Sporting Purpose Automatic Shotgun, which allowed it to be sold in the United States as a model with limited magazine capacity and fixed stock until 1994. Following the U.S. ban on assault weapons, imports of SPAS-12 shotguns into the U.S. were halted. In September 2004, the ban expired, but Franchi had stopped production of the SPAS-12 in 2000 to focus on production of the SPAS-15 model. [ref. needed] The retail price of the SPAS-12 averaged $1,500 last year for final sale outside the U.S. to unrestricted countries. [1] They also included a prohibition on selling all semi-automatic rifles to anyone under the age of 21 by requiring a licence to purchase these firearms.