SHORTY 12 GAUGE, LEGAL IN MICHIGAN

[Edward Pireh]

There has been an on going discussion and some confusion regarding this little item being legal in the state of Michigan. For the record, I wanted to clear everything up on the legality of this gun and why it IS NOT a short barreled shotgun. This gun is an AOW making it transferable in the state of Michigan, meaning that it can legally be owned and here is why.

Any Other Weapons (AOWs)—this is a broad "catch-all" category used to regulate any number of firearms which the BATFE under the NFA enforces registration and taxation. Examples include, among others:

1) Smooth-bore pistols

2) Pen guns and cane guns

3) A firearm with combinations smooth bore and rifle barrels 12 inches or more but less than 18 inches in length from which only a single shot can be made from either barrel.

4) Disguised firearms

5) Firearms that can be fired from within a wallet holster or a briefcase

6) A short-barreled shotgun which came from the factory with a pistol grip and no buttstock is categorized as an AOW (smooth-bore pistol) rather than a Short Barrel Shotgun (SBS), because the Gun Control Act describes a shotgun as, “…designed or redesigned to be fired from the shoulder…”

7) Handguns with a forward vertical grip.



This weapon is LEGAL in the state of Michigan. The ATF requires a $5 transfer tax for AOWs.

The process of purchasing an AOW is pretty much the same as purchasing a machine gun or silencer with one exception, the transfer tax is only $5 for an AOW while machine guns and silencers (suppressors) require a $200 transfer tax.

[dekulaw]

Seems to be relatively clear. Please see Michigan Attorney General Opinion No. 7253, Dated: October 26, 2010

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10332.htm


"Based on the plain language of the definitions quoted above, an illegal short-barreled shotgun is either a firearm: (1) designed or intended to be fired from the shoulder and having a barrel length of less than 18 inches; or (2) modified from a shotgun to be less than 26 inches in overall length. MCL 750.222(i) and 750.222(h); People v Walker, 166 Mich App 299, 301; 420 NW2d 194 (1988 ). A number of unmodified weapons fire shotgun shells, have barrel lengths of less than 18 inches, but are not designed or intended to be fired from the shoulder, and therefore do not fall within the statutory definition of "short-barreled shotgun."2 It is, however, illegal to possess a weapon with a barrel length of less than 18 inches or an overall length of less than 26 inches created by modifying a shotgun originally designed or intended to be fired from the shoulder.


* * * *

Footnote 2. An example of such a weapon is the "Super-Shorty" manufactured by Serbu Firearms, Inc. The company describes the weapon as a short 12-gauge pump shotgun available with pistol grips (its overall length is 16.5 inches), and markets the firearm as being concealable. Its overall design reveals that it is not designed or intended to be fired from the shoulder. See (accessed October 20, 2010). "



dekulaw
(http://www.dekulaw.com)

[Edward Pireh]

With all that said, the Serbu Super shorty 12 gauge is a registered AOW because it is a smooth bored pistol and has a factory installed forward grip. Serbu (a licenced manufacturer) has done this modifacation for you and has registered this as an AOW. The ATF HAS ALREADY APPROVED many of these on ATF form 4s in the state of Michigan. There really is no arguement on this matter. They have been approved over and over for transfer. Firearms not legal in this state will not be approved by the ATF. If you submit form 4s for a short barreled shotgun it will get denied. Submit the form 4s for the Serbu Super Shorty (AOW) and it will get Approved or your money back.

FYI, I licensed manufacturer is allowed to allter and modify a shotgun into a short barreled shotgun or an AOW. Once a manufacturer alters or modifies an existing weapon into an NFA weapon (an AOW is an NFA firearm), they submit an ATF form 2 registering the new/altered/modified weapon as a new weapon fitting into whatever catagory in wich it falls under.

Serbu (a licensed manufacturer) modified Remington 870 and Mossberg 500 shotguns into what falls under the discription of an AOW.

An individual may also modify or alter a shotgun to fit under the discription of an AOW in the state of Michigan by filing an ATF form 1 and paying the appropriate tax.

THO SHORT BARRELED SHOTGUNS ARE NOT YET LEGAL IN MICHIGAN, AOWs ARE LEGAL, AND THE SERBU SUPER SHORTY IS A REGISTERED AOW.

[Edward Pireh]

Each state has an ATF/NFA examier who's job it is to comply with all federal and state laws prior to approving a form 4. If the Serebu Super Shorty is not legal in Michigan then it WILL NOT get approved. But there is no argueing the fact that this is a registered AOW and has been approved for transfer to individuals in this state many times already. Like I said, if your form 4s get kicked back because of this weapon being illegal in this state for any reason, you'll get 100% refund from me. But approved form 4s are proof that these are legal both by federal law, and Michigan State law.

[dekulaw]

It seems to make sense that the ATF wouldn't approve a transfer of a NFA firearm that put the applicant in violation of state law but I would disagree that an approved Form 4 submitted by a Michigan resident/trust/corp/LLC means the item identified therein is legal in Michigan. Federal law and State law are two different things and have to be looked at individually and together. I would like to see the law or regulation that indicates that the approved Form 4 constitutes and approval of the AOW under the appropriate state law. I looked quickly and couldn't find anything of that nature. I am not trying to be argumentative, just trying to have all the "ducks in a row". I have had clients ask about certain weapons for "trunk gun" use and have been very hesitant on some of them. I see the AG opinion as controlling here, not the Form 4. I want to know what I can show the judge that will tell him the firearm is legal in Michigan. The Form 4 alone isn't going to do that based upon my quick research.

dekulaw

These are just my thoughts and are not to be construed as legal advice.

[Edward Pireh]

It seems to make sense that the ATF wouldn't approve a transfer of a NFA firearm that put the applicant in violation of state law but I would disagree that an approved Form 4 submitted by a Michigan resident/trust/corp/LLC means the item identified therein is legal in Michigan. Federal law and State law are two different things and have to be looked at individually and together. I would like to see the law or regulation that indicates that the approved Form 4 constitutes and approval of the AOW under the appropriate state law. I looked quickly and couldn't find anything of that nature. I am not trying to be argumentative, just trying to have all the "ducks in a row". I have had clients ask about certain weapons for "trunk gun" use and have been very hesitant on some of them. I see the AG opinion as controlling here, not the Form 4. I want to know what I can show the judge that will tell him the firearm is legal in Michigan. The Form 4 alone isn't going to do that based upon my quick research.

dekulaw

These are just my thoughts and are not to be construed as legal advice.

The Form 4 will do it and here is why;

1) The form 4 clearly states that the Serbu Super Shorty is registered as an AOW and not a short barreled shotgun.

2) The chief law enforcement officer of your town putting his/her signature on the form 4 is pretty much a signed document from your local chief saying that the gun is legal. Of course this only applies if you go the individul purchase rout instead of the trust rout. This is one of the reasons for the CLEO signature, the CLEO signature further verifies for the ATF that the firearm you are requesting to transfer is legal where you live.

3) You are correct saying that state law and federal law are two different things. But an ATF examiner must comply with both state and federal law when approving a transfer. An approved form 4 is all the proof one needs.

4) The state of Michigan clearly bans short barreled rifles and shotguns at this time for individual ownership. BUT the state of Michigan does know what characteristics by law that place a firearm in the AOW catagory as well. AOWs are legal in the state of michigan. This firearm being a SMOOTH BORE PISTOL with a FACTORY INSTALLED FORWARD GRIP make this it an AOW and legal for transfer in accordance with Michigan state law.

5) An individual modifying a shotgun to be anything else other than a conventional title 1 shotgun is not legal unles the proper paperwork is approved and the transfer tax is payed. A licensed manufacturer can alter/modify or convert any conventional firearm into an NFA firearm and register it with the ATF as a weapon that fits under it's new catagory defined by the ATF/NFA.

So really, what more proof do you need? You have all the characteristics defined by federal law of an AOW. The state of Michigan allows AOWs. You have the chief law enforcement of your locallity signature, and an approved form 4.

If you are worried about running into a problem with this gun, then I suggest that you do not go the trust rout, and instead go the individual purchase rout. Purchasing as an individual requires you to get the CLEO signature and the CLEO signature states that the item is legal where you live.

The CLEO at Macomb County signed off on my form 4 for the transfer of a Serbu Super Shorty 12 gauge.

[Edward Pireh]

I appreciate your time spent and all your comments on this thread. That is the purpose of this thread, to clearify the legallity of this item and to sort out any confusion. NFA firearms can be confusing when it comes to understanding the laws that govern them.

[chewy]

I can second his post... I've sold several of these in the last few years and AOW are indead legal to own in MI. :grin:

[Edward Pireh]

I can second his post... I've sold several of these in the last few years and AOW are indead legal to own in MI. :grin:

@Chewy, Thank you ! I needed some help here LOL :bowdown:

[backhandman]

Pretty cool that the aow is only a 5 dollar stamp. But I can't see myslef spending so much on that firearm because its so short... It's insane.

[Edward Pireh]

Pretty cool that the aow is only a 5 dollar stamp. But I can't see myslef spending so much on that firearm because its so short... It's insane.


But if you're intertested, give me a call and maybe I'll shave down that price a bit for you :)

[backhandman]

No thanks. I'll save my money. It the aow / NFA is ever repealed ill shave sown my 870 for half that price

[Edward Pireh]

No thanks. I'll save my money. It the aow / NFA is ever repealed ill shave sown my 870 for half that price

LOL, we all pray for the NFA to be repealed, but it's doubtful

[chewy]

Ya, if you want the fun toys you have to pay. They get MI to allow SBS and SBR and basically allow full NFA but the NFA being repealled completely and all weapons being legal again is just a pipe dream. I don't think we'll ever see that in our lifetime... barring an all out appocolypse or zombie invasion! :)

[mini4m3]

Ya, if you want the fun toys you have to pay. They get MI to allow SBS and SBR and basically allow full NFA but the NFA being repealled completely and all weapons being legal again is just a pipe dream. I don't think we'll ever see that in our lifetime... barring an all out appocolypse or zombie invasion! :)

Do you know how many people would be pissed that their M3 Grease gun that cost them 15,000$ is now worth 100$ if the NFA went away.

[Helspar]

Saw a semi auto 12 gage like this Serbu several years back at a local shop.
Pretty pricey for 3 rounds. I notice the pic shows 5.

Anyway, here's to Michigan growing up and removing the state imposed restrictions on all NFA items and allowing we the people to enjoy what we can under the federal law. Just like all the other states that do so.

I want my 8" saiga 12.

[dekulaw]

Well, I actually sat down and read the Form 4 as to this issue (yes, us attorneys sometimes listen to others) and was surprised at what I read and had not looked for before:

What the Class 3 Dealer attests to when he/she signs the Form 4:


Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true, correct and complete, and that the transfer of the described firearm to the transferee and receipt and possession of it by the transferee are not prohibited by the provisions of Chapter 44, Title 18, United States Code; Chapter 53, Title 26, United States Code; or Title VII of the Omnibus Crime Control and Safe Streets Act, as amended; or any provisions of State or local law.

What the CLEO attests to when he/she signs the Form 4:


I certify that I am the chief law enforcement officer of the organization named below having jurisdiction in the area of residence of ____________________. I have no information indicating that the transferee will use the firearm or device (Name of Transferee)
described on this application for other than lawful purposes. I have no information that the receipt or possession of the firearm or device described in item 4 would be place the transferee in violation of State or local law.

Thank you for the education. :grin:

dekulaw (http://www.dekulaw.com)

[teecro]

Saw a semi auto 12 gage like this Serbu several years back at a local shop.
Pretty pricey for 3 rounds. I notice the pic shows 5.


The Serbu can only hold 3 total 2 in the tube and 1 in the chamber.

[5.56]

This shot gun is only 2 shots - and a few more "0"s
http://www.gunsinternational.com/James-Purdey-Sons-12ga-30-.cfm?gun_id=100237056

[Edward Pireh]

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10332.htm

The following opinion is presented on-line for informational use only and does not replace the official version. (Mich. Dept. of Attorney General Web Site - http://www.ag.state.mi.us)


PLEASE TAKE NOTICE TO THE VERY BOTTOM OF THIS PAGE
And THANK YOU Greg @ Maximum Ammunition

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STATE OF MICHIGAN


MIKE COX, ATTORNEY GENERAL


FIREARMS:

FIREARMS ACT:

MICHIGAN PENAL CODE:

SHORT-BARRELED SHOTGUN:



A person in Michigan may lawfully possess a weapon that fires shotgun shells; has not been constructed from a modified shotgun; has an overall length of less than 26 inches and a barrel length of less than 18 inches; and is not designed or intended to be fired from the shoulder, if the person complies with the purchase and registration requirements for owning a pistol set forth in the Firearms Act, 1929 PA 372, MCL 28.421 et seq.


Opinion No. 7253


October 26, 2010



Honorable Phillip Pavlov
State Representative
The Capitol
Lansing, MI 48909

You ask whether a person may legally own a weapon that fires shotgun shells; was not constructed from a modified shotgun; has an overall length of less than 26 inches and a barrel length of less than 18 inches; and is registered as a pistol.

Answering your question requires addressing two initial issues. The first is whether the weapon you have described is an unlawful short-barreled shotgun. MCL 750.224b(1) provides that "[a] person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or short-barreled rifle." Violation of this prohibition is a felony punishable by up to five years imprisonment or a fine of up to $42,500. MCL 750.224b(2). 1 Short-barreled shotgun is defined in MCL 750.222(i) as:


[A] shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. [Emphasis added.]
The term "shotgun" is defined as "a firearm 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 ball shot or a single projectile for each single function of the trigger." MCL 750.222(h) (emphasis added).

The primary goal of statutory interpretation is to give effect to the intent of the Legislature as expressed in the plain language of the statute. Brown v Detroit Mayor, 478 Mich 589, 593; 734 NW2d 514 (2007); Houdek v Centerville Twp, 276 Mich App 568, 581; 741 NW2d 587 (2007). "[I]f the language of the statute is clear and unambiguous, no interpretation is necessary and the court must follow the clear wording of the statute." American Alternative Ins Co v Farmers Ins Exchange, 470 Mich 28, 30; 679 NW2d 306 (2004).

Based on the plain language of the definitions quoted above, an illegal short-barreled shotgun is either a firearm: (1) designed or intended to be fired from the shoulder and having a barrel length of less than 18 inches; or (2) modified from a shotgun to be less than 26 inches in overall length. MCL 750.222(i) and 750.222(h); People v Walker, 166 Mich App 299, 301; 420 NW2d 194 (1988). A number of unmodified weapons fire shotgun shells, have barrel lengths of less than 18 inches, but are not designed or intended to be fired from the shoulder, and therefore do not fall within the statutory definition of "short-barreled shotgun."2 It is, however, illegal to possess a weapon with a barrel length of less than 18 inches or an overall length of less than 26 inches created by modifying a shotgun originally designed or intended to be fired from the shoulder.

The second issue is whether a weapon that fires shotgun shells but does not meet the definition of a shotgun, and which has a barrel length of less than 18 inches and an overall length of less than 26 inches, may be possessed in Michigan. In other words, if such a weapon is not a shotgun, how should it be classified for purposes of ownership in Michigan.

MCL 750.222(e) defines a "pistol" as "a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm." (Emphasis added.) "Firearm" is defined as "a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air." MCL 750.222(d).

Based on the plain language of these definitions, the weapon described in your request is plainly a "firearm" since it is a weapon that projects or fires shotgun shells. It also falls within the definition of "pistol" because it is a firearm with an overall length of less than 30 inches. The weapon is not designed or intended to be fired from the shoulder and is concealable. This further supports a conclusion that the weapon is a pistol under Michigan law.

As a pistol, the weapon you describe may not be owned or lawfully possessed unless the requirements of the Firearms Act, 1929 PA 372, MCL 28.421 et seq, are met. Under that Act, "a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section." MCL 28.422(1).3

It is my opinion, therefore, that a person in Michigan may lawfully possess a weapon that fires shotgun shells; has not been constructed from a modified shotgun; has an overall length of less than 26 inches and a barrel length of less than 18 inches; and is not designed or intended to be fired from the shoulder, if the person complies with the purchase and registration requirements for owning a pistol set forth in the Firearms Act, 1929 PA 372, MCL 28.421 et seq.



MIKE COX
Attorney General




1 MCL 750.224b(3) exempts from the prohibition short-barreled shotguns that have been deemed by the United States Secretary of Treasury to be a "curio, relic, antique, museum piece, or collector's item" and not likely to be used as a weapon, and the owner has registered the weapon as a pistol in accordance with MCL 28.422 and 28.422a.


2 An example of such a weapon is the "Super-Shorty" manufactured by Serbu Firearms, Inc. The company describes the weapon as a short 12-gauge pump shotgun available with pistol grips (its overall length is 16.5 inches), and markets the firearm as being concealable. Its overall design reveals that it is not designed or intended to be fired from the shoulder. See (accessed October 20, 2010).


3 The federal government treats pistols with a smooth barrel as an "any other weapon" (AOW), rather than a pistol. 26 USC 5845(e). However, Michigan law makes no such distinction over barrel rifling. Thus, for federal purposes the weapon is taxed as an AOW, while for state purposes it is a pistol.






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http://opinion/datafiles/2010s/op10332.htm
State of Michigan, Department of Attorney General
Last Updated 10/29/2010 09:03:32

[zigziggityzoo]

Not sure why you keep bringing this up. No need for a new thread on the same topic you started once before.