Does anyone know what defines a shotgun based on Hawaii Law?

I found a definition in federal statutory law

26 U.S.C.A. § 5845(d)

Shotgun.--The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

Hawaii doesn't define a shotgun as best as I can find but does say that the barrel has to be 18 inches.

Ironically you can have the .410 shell in a pistol. Also after reading this definition it would seem that if it isn't designed to fire from a shoulder then it isn't a shotgun... So a pump shotgun with a pistol grip only would seem not to be a shotgun?! Then barrel length would not apply!

I wouldn't be the first one to test that theory though.

Hawaii doesn't define a shotgun as best as I can find but does say that the barrel has to be 18 inches.

Ironically you can have the .410 shell in a pistol. Also after reading this definition it would seem that if it isn't designed to fire from a shoulder then it isn't a shotgun... So a pump shotgun with a pistol grip only would seem not to be a shotgun?! Then barrel length would not apply!

I would be the first one to test that theory though.

I thought we already covered this?

If the firearm was transferred as a long gun, it is always a long gun and can not be converted to a pistol.  The barrel length still applies.  You can remove the stock and add a pistol grip, but that will not make it a pistol. Barrel length will apply forever for that shotgun.

I thought we already covered this?

If the firearm was transferred as a long gun, it is always a long gun and can not be converted to a pistol.  The barrel length still applies.  You can remove the stock and add a pistol grip, but that will not make it a pistol. Barrel length will apply forever for that shotgun.

I am thinking of a shotgun originally designed as one not intended to be fired from the shoulder, not a converted one.

I am thinking of a shotgun originally designed as one not intended to be fired from the shoulder, not a converted one.

I agree with you in that it might be possible to purchase only a shotgun receiver.

Going back to the original question, I broke down the federal definition below.  Are firearms, which are chambered for shotgun shells, still considered a shotgun if they have rifled bores, rather than smooth bores?  Along the same lines, what if these firearms are not intended to be fired from the shoulder, and they have rifled bores, are they still considered shotguns?

The term “shotgun” means:
- a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, AND
- designed or redesigned and made or remade
- to use the energy of the explosive in a fixed shotgun shell
- to fire through a smooth bore
- either a number of projectiles (ball shot) or a single projectile
- for each pull of the trigger, AND
- shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

I agree with you in that it might be possible to purchase only a shotgun receiver. Shotguns can only have a bore over 50cal is due to the "sporting purpose" clause by ATF.

Going back to the original question, I broke down the federal definition below.  Are firearms, which are chambered for shotgun shells, still considered a shotgun if they have rifled bores, rather than smooth bores?  Along the same lines, what if these firearms are not intended to be fired from the shoulder, and they have rifled bores, are they still considered shotguns?

The term “shotgun” means:
- a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, AND
- designed or redesigned and made or remade
- to use the energy of the explosive in a fixed shotgun shell
- to fire through a smooth bore
- either a number of projectiles (ball shot) or a single projectile
- for each pull of the trigger, AND
- shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

Don't forget the the bores of 12/20 ga. are over 1/2" /50 cal , it can't be rifled . otherwise as defined as a Destructive device.

A smooth bore handgun is an AOW by federal definitions. subject to a $5 transfer tax  or $200 manufacture tax.

Both of the above are NFA items.

Mosseburg sells these which I'm still waiting for the ( form4 ) $5 tax. No stock = never was a shotgun.








 

Don't forget the the bores of 12/20 ga. are over 1/2" /50 cal , it can't be rifled . otherwise as defined as a Destructive device.

A smooth bore handgun is an AOW by federal definitions. subject to a $5 transfer tax  or $200 manufacture tax.


Mosseburg sells these which I'm still waiting for the ( form4 ) $5 tax. No stock = never was a shotgun.

So could this be registered as a pistol in hawaii?

So could this be registered as a pistol in hawaii?

yes a pistol by Hawaii definitions, but its a NFA item are will require a tax stamp,.


at class 3 dealer now

But a shotgun firing a sabot slug is over ½ inch and has a rifled barrel but they don't register those as a destructive device right?

Suka, I didn't realize that a smooth bore handgun was an AOW. But that explains why I haven't seen any pistols chambered for 20 gauge or 12 gauge.

A $5 transfer tax isn't that big of a deal though. I would pay that. Although a small 12 gauge pistol might be pretty painful to fire... A short 870 would be no problem though, but of course you would only get 2-3 rounds.

2-3 rds......they can me modified to accept Saiga mags!!

sabot slugs.....,,Again the "sporting purpose" which would allow some shotguns not to be classified as DD.

$5...... its a transfer tax , different from manufacture. A SOT1 normally charges a small fee for paper work to manufacture and engrave a AOW . NFA items are all about paperwork!

$200 Blue






$5 Red

2-3 rds......they can me modified to accept Saiga mags!!

sabot slugs.....,,Again the "sporting purpose" which would allow some shotguns not to be classified as DD.

$5...... its a transfer tax , different from manufacture. A SOT1 normally charges a small fee for paper work to manufacture and engrave a AOW . NFA items are all about paperwork!

-

You said the bore can't be > 12 ga and rifled.  Wouldn't rifled slugs be okay in a smooth bore 12ga barrel? 

perfectly fine

The bore cant be rifled unless it fits the "sporting purpose" whatever ATF has determined.

Street Sweepers and Daewoo's are DD
Saiga 12  and Sidewinders are not


Go figure ??   

perfectly fine

The bore cant be rifled unless it fits the "sporting purpose" whatever ATF has determined.

Street Sweepers and Daewoo's are DD
Saiga 12  and Sidewinders are not


Go figure ??   

Daewoos are DD?



I wonder if they make a rifled barrel for a Saiga?

can you tell the difference? Both are imports!








DD



Not DD