Riddle me this

Hypothetical court test case:

Defendant owns sequentially numbered firearms itemized below:

Exhibit A: Mossberg 500 12ga, 18.5" barrel, standard buttstock, S/N xxxxxxx4, produced 01/29/xxxx



Firearm "A" is considered a shotgun according to the BATFE. If the owner cuts the barrel down to a length under 18", it is a violation of the National Firearms Act of 1934. Possession of the modified gun without registering it with the Federal Government (impossible to do with a modified weapon) and paying a $200 tax is a Felony.

Exhibit B: Mossberg 500 12ga, 18.5" barrel, pistol grip, S/N xxxxxxx5, produced 01/29/xxxx



Firearm "B" is not considered a shotgun according to BATFE. If the owner cuts the barrel down to a length under 18", it is not a violation of the National Firearms Act of 1934.

Please note that ALL of the parts on each firearm are interchangeable with one another. The act of putting the stock from Firearm "A" onto Firearm "B" would break no laws, according to BATFE, as Firearm "B" is not considered a pistol, nor is it considered a shotgun.

Arrest: Defendant swaps the stock and grip on his sequentially-numbered, but otherwise unmodified firearms. This act shortens Firearm "A" to an overall length below the minimum allowed and defendant is arrested by BATFE.

Accusation: Defendant is accused of violating NFA34 for possession of a contraband firearm, a "sawed-off shotgun" - Firearm Exhibit "A", without registering said weapon with and paying the Tax to the Federal Government.

No charges are filed for firearm exhibit "B".

If you were an honest judge, how would you decide?

As an aside- if you were to put a buttstock on an ordinary pistol, you would be in breach of NFA34. If you were to put a pistol grip on your rifle or shotgun in place of the buttstock, such that the overall length is less than the legal minimum, you would be in violation of NFA34. If the factory does it for you, it is legal as long as the tribute tax is paid.

Makes perfect sense, right?

H/T Sipsey Street
Images from "World Guns" website, Mossberg Shotguns page
Is the Miller Decision even correct? See JPFO Summary
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