Department of the Treasury Bureau of Alcohol, Tobacco and Firearms Washington, DC 20226 MAR 11 1996 E:CE:F:TE:MJC 3311 Dear : This refers to your letter of February 27, 1996, in which you request information as to the legality and classification of a proposed firearm. You desire to make a firearm using a Winchester Model 1300 "Defender," 12-gauge pump action shotgun, supplied from the factory with a pistol grip and never having had a shoulder stock attached. The smooth barrel supplied by the factory would be removed and a fully rifled barrel shortened to less than 18 inches, would be installed. As defined in Title 18 United States Code (U.S.C.) Chapter 44, Section 921(a)(3), of the Gun Control Act of 1968 (GCA), the term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a cartridge by the action of an explosive and (B) the frame or receiver of any such weapon. The Winchester, Model 1300, 12-gauge pump action shotgun with pistol grip and 18-inch barrel is a classified as a "firearm" as defined. A weapon made from a shotgun having an overall barrel length of less than 26 inches or a barrel or barrels less than 18 inches in length is a "firearm" as defined in Title 26 United States Code U.S.C., Chapter 53, Section 5845(a)(2) of the National Firearms Act (NFA). A handgun constructed from a new, unused receiver which had never been assembled as a shotgun would not be a weapon made from a shotgun as defined. As defined in Section 5845(e) of the NFA, the term "any other weapon," includes a pistol or revolver with a smooth bore designed to fire a fixed shotgun shell. A pistol with a rifled bore would not be an "any other weapon" as defined. As defined in Section 5845(f) of the (NFA), the term "destructive device" means in part, (2) any weapon by whatever name known which will, or 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 diameter of more than one-half inch in diameter. It is unlawful for anyone to possess an NFA firearm which is not registered in accordance with the provisions of the NFA. The Winchester, Model 1300 "Defender" with pistol grip and less than 18-inch rifled barrel would have a bore diameter greater than one-half in diameter. This weapon would meet the definition of a "destructive device" under the NFA. In order to make a "destructive device," an individual must obtain prior approval by filing ATF Form 1 (Application to Make and Register a Firearm) and paying a $200 making tax. The application cannot be approved if the firearm would be a violation of any State law. Additional information regarding this procedure may be obtained from the following: Bureau of Alcohol, Tobacco and Firearms NFA Branch, Room 5300 650 Massachusetts Avenue, NW. Washington, D.C. 20226 We trust the foregoing has been responsive to your inquiry. If we may be of further assistance, please contact us. Sincerely yours, [signed] Edward M. Owen, Jr. Chief, Firearms Technology Branch