Quote:
Originally Posted by commando552
The thing that I am unsure of with a 12 gauge using this system is the fact that it is over .50 cal. There is generally an exemption for shotguns that use this round, but the problem in this case is that the whole point of the grooves is to make this weapon legally not a shotgun so I don't see how it falls under that exemption.
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In this case the exemption is on the cartridge, not the weapon
("any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun
or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes...")
so you're not a DD because you're firing a common sporting shotgun cartridge even though you're not a shotgun. Otherwise all stockless shotguns would be DDs and they're not, they're AOWs.
The ATF can make individual rulings that guns which fire a shotgun cartridge are destructive devices regardless of their features using the "sporting purpose" test, that's what happened to things like the Street Sweeper and USAS-12.