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Question About H&R Handy Gun Use/Carry In Washington State
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Chinook
Location: Shelton Joined: Mon Nov 23, 2015 Posts: 7
Real Name: Jeff
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Sorry... here's a picture of a H&R Handy-Gun. Mine is virtually identical to this. It is .410 caliber with a 12 1/4" barrel.
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Mon Nov 23, 2015 4:53 pm |
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Normanator
Site Supporter
Location: Shelton, WA Joined: Sat Dec 17, 2011 Posts: 1137
Real Name: Norm
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Just to clarify my earlier response- when I said if you were stopped, I was implying in a vehicle. I realize it may not have seemed as such re-reading the post. If a cop decided that what you have is a shotgun (right or wrong) he can cite you for a loaded shotgun in the car, which a CPL would not cover, and you would be left to debate that in court. Again, right or wrong, the officer could do it, and unfortunately, there are a good number of officers who do not know the law, let alone have the advanced law degree many of them take to properly interpret.
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Mon Nov 23, 2015 6:42 pm |
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golddigger14s
Site Supporter
Location: Faxon, OK Joined: Sat Mar 19, 2011 Posts: 17819
Real Name: Chuck
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UpDog wrote: Normanator wrote: I would be careful on the concealed during any activity part. Your CPL is just that... a license to carry a concealed pistol. This is registered as a shotgun. There may be some legalese to clear up there if stopped while concealing a shotgun. It's an odd situation since Judge style pistols are shotguns, but they are technically classified and registered as a pistol- you say your weapon is clearly defined as a shotgun. I'd play on the side of caution since this may result in being cited and sorting it in court after the fact. Why? Is there a law against concealing anything other than a pistol in terms of firearms? Check the thread about knife laws. Most cities have a restriction for carrying a knife larger than 3.5 inches concealed. That's why the grammar nazis go wild when people call their CPL a CCW, or other non-sense. For some states their permit covers knives as well, but here in WA it is strictly for a pistol.
_________________ "The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson "Evil often triumphs, but never conquers." Joseph Roux
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Mon Nov 23, 2015 8:56 pm |
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golddigger14s
Site Supporter
Location: Faxon, OK Joined: Sat Mar 19, 2011 Posts: 17819
Real Name: Chuck
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Also the Mossberg JIC shotgun with the pistol grip is treated like a pistol from a FFL standpoint.
_________________ "The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson "Evil often triumphs, but never conquers." Joseph Roux
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Mon Nov 23, 2015 9:00 pm |
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chevytruckman
Site Supporter
Location: Puyallup Joined: Fri Aug 12, 2011 Posts: 4996
Real Name: Sean
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golddigger14s wrote: Also the Mossberg JIC shotgun with the pistol grip is treated like a pistol from a FFL standpoint. You sure? Never heard that before. Sent from my iPhone using Tapatalk
_________________ smfh
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Mon Nov 23, 2015 9:04 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52040
Real Name: Steve
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chevytruckman wrote: golddigger14s wrote: Also the Mossberg JIC shotgun with the pistol grip is treated like a pistol from a FFL standpoint. You sure? Never heard that before. Agreed . . . I'm skeptical. Sorry, Chuck.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Mon Nov 23, 2015 9:08 pm |
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Chinook
Location: Shelton Joined: Mon Nov 23, 2015 Posts: 7
Real Name: Jeff
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Normanator wrote: Just to clarify my earlier response- when I said if you were stopped, I was implying in a vehicle. I realize it may not have seemed as such re-reading the post. If a cop decided that what you have is a shotgun (right or wrong) he can cite you for a loaded shotgun in the car, which a CPL would not cover, and you would be left to debate that in court. Again, right or wrong, the officer could do it, and unfortunately, there are a good number of officers who do not know the law, let alone have the advanced law degree many of them take to properly interpret. Good point. The better safe than sorry approach might save some headaches and money in the long run.
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Tue Nov 24, 2015 8:04 am |
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA Joined: Sat Nov 10, 2012 Posts: 7251
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Chinook wrote: (23) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches. (24) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
Would not the definition of (23) have to take into account the definition of a "shotgun" in (24)? The Handy Gun was never "intended to be fired from the shoulder" as defined in (24) so therefore it would not meet the criteria established in (23)...
In regard to the July 1, 1994 provision, that would apply to Machine Guns as well. Does anyone here have experience with a machine gun manufactured prior to that date, personally acquired after 1994? 23 also includes (which I highlighted but you missed) a second definition above. SBS not need to be designed to be shoulder fired the way I read it. I also agree with not taking the risk of having it in a vehicle loaded, even with a CPL, too confusing for Office Friendly.
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Tue Nov 24, 2015 8:55 am |
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lunacite
Site Supporter
Location: Snohomish County Joined: Tue Feb 21, 2012 Posts: 1146
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ANZAC wrote: 23 also includes (which I highlighted but you missed) a second definition above. SBS not need to be designed to be shoulder fired the way I read it.
I also agree with not taking the risk of having it in a vehicle loaded, even with a CPL, too confusing for Office Friendly. The Handy Gun wasn't made from a shotgun or modified in any way, so the second half of 23 doesn't apply. If something wasn't ever a shotgun, there's no way it can be a short barreled shotgun.
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Tue Nov 24, 2015 12:32 pm |
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Normanator
Site Supporter
Location: Shelton, WA Joined: Sat Dec 17, 2011 Posts: 1137
Real Name: Norm
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lunacite wrote: ANZAC wrote: 23 also includes (which I highlighted but you missed) a second definition above. SBS not need to be designed to be shoulder fired the way I read it.
I also agree with not taking the risk of having it in a vehicle loaded, even with a CPL, too confusing for Office Friendly. The Handy Gun wasn't made from a shotgun or modified in any way, so the second half of 23 doesn't apply. If something wasn't ever a shotgun, there's no way it can be a short barreled shotgun. That may have been true, but it was registered as a short barreled shotgun, so it's a mute point. Even if it wasn't a shotgun technically before... the paperwork says it is now!
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Tue Nov 24, 2015 3:00 pm |
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CQBgopher
Site Supporter
Location: WA/MT Joined: Thu Sep 6, 2012 Posts: 8285
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The H&R Handy Gun is specifically pointed out on the BATFE website as an AOW. https://www.atf.gov/firearms/firearms-g ... -section-9Worst case scenario--contact the BATFE and have it struck from the SBS registry and re-register as an AOW. It's only 5 bucks.
_________________ Rara Temporum Felicitas Ubi Sentire Quae Velis Et Quod Velis Dicere Licet. ― Tacitus "Well, nobody's perfect." ― Osgood Fielding III
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Tue Nov 24, 2015 3:40 pm |
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA Joined: Sat Nov 10, 2012 Posts: 7251
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dan360 wrote: The H&R Handy Gun is specifically pointed out on the BATFE website as an AOW. https://www.atf.gov/firearms/firearms-g ... -section-9Worst case scenario--contact the BATFE and have it struck from the SBS registry and re-register as an AOW. It's only 5 bucks. Notwithstanding the complying with federal law parts of the RCW (e.g. SBS), the BATFE classification has nothing to do with how a firearm is classified under state law. I'm not aware of any definitions in the RCW being tied to the USC definitions.
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Tue Nov 24, 2015 6:11 pm |
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Chinook
Location: Shelton Joined: Mon Nov 23, 2015 Posts: 7
Real Name: Jeff
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Actually, the Handy Gun from the view of the ATF is categorized as "Any other Weapon" which is different than a Small Barrel Shotgun. I erroneously described it as a SBS in my original post which might have led to some confusion. The ATF defines it as:
The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.
As has been previously pointed out here, the question isn't what the ATF defines it as, but rather what Washington State defines it as. I'm good to go as far as the ATF is concerned. The issue I had originally raised was how does this gun fit into the Washington definition and what restrictions might there be to 1) legal possession; 2) ability to carry it as any other pistol with a CPL (loaded in my vehicle, concealed, etc.); and 3) the ability to use it hunting in the field for grouse etc.
My interpretation at this point is that it is not a SBS based on the definition of both the SBS and Shotgun according to the RCW's, but rather a pistol.
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Tue Nov 24, 2015 6:15 pm |
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chasehooks
Site Supporter
Location: Tumwater, WA Joined: Thu Feb 27, 2014 Posts: 687
Real Name: Tim
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MadPick wrote: chevytruckman wrote: golddigger14s wrote: Also the Mossberg JIC shotgun with the pistol grip is treated like a pistol from a FFL standpoint. You sure? Never heard that before. Agreed . . . I'm skeptical. Sorry, Chuck. He's partially right. It's treated (by an FFL) as an "Other than rifle or shotgun" and the purchaser must be 21 (like a pistol), since it's not designed to be fired from the shoulder and therefore not a shotgun. (per FFL Newsletter dated Feb 1999). However, I think there was something that came out at a meeting a couple weeks ago that said that's been changed. I'll have to check on Friday.
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Tue Nov 24, 2015 6:18 pm |
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CQBgopher
Site Supporter
Location: WA/MT Joined: Thu Sep 6, 2012 Posts: 8285
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ANZAC wrote: dan360 wrote: The H&R Handy Gun is specifically pointed out on the BATFE website as an AOW. https://www.atf.gov/firearms/firearms-g ... -section-9Worst case scenario--contact the BATFE and have it struck from the SBS registry and re-register as an AOW. It's only 5 bucks. Notwithstanding the complying with federal law parts of the RCW (e.g. SBS), the BATFE classification has nothing to do with how a firearm is classified under state law. I'm not aware of any definitions in the RCW being tied to the USC definitions. Wasn't directed at you.
_________________ Rara Temporum Felicitas Ubi Sentire Quae Velis Et Quod Velis Dicere Licet. ― Tacitus "Well, nobody's perfect." ― Osgood Fielding III
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Wed Nov 25, 2015 12:37 am |
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