May 26, 1998 Bureau of Alcohol, Tobacco and Firearms Firearms Technology Branch Washington, DC 20226 Greetings: I am writing to get your advice on a question. As you are aware, in 1994 the USAS-12, Striker-12 and Streetsweeper shotguns were re-classified as destructive devices. Owners of the firearms are required to register them in compliance with the National Firearms Act. As you are probably aware, not all owners of these firearms have in fact registered them. Is it possible for the owner of one of these firearms to remove the barrel, dispose of it, and then sell the remaining parts of the firearm, including the receiver, as an ordinary, non-NFA firearm? Secondly, I was wondering about the status of these firearms under 18 U.S.C. section 922(v), which prohibits possession of certain semi-automatic assault weapon firearms which were made after September 13, 1994. If a person were to purchase all the parts to assemble a USAS-12 except the barrel, and were then to apply on ATF Form 1 to make the firearm, using a barrel to be acquired after the Form 1 was approved, would that place the owner in violation of section 922(v)? If the USAS-12 is considered a "shotgun" for purposes of 18 U.S.C. section (921)(a)(30)(D) then it would appear to be a semi-automatic assault weapon, in that the USAS-12 has both a detachable magazine and a pistol grip. On the other hand, by its terms, the law does not apply to destructive devices, which the USAS-12 has been classified as. A slightly different situation would apply to making a Striker-12 or Streetsweeper firearm out of a complete parts set, except the barrel. The Striker-12 and Streetsweeper are listed as semi-automatic assault weapons by name and action type under 18 U.S.C. section 921(a)(30)(A)(ix), and not by their features. Would it be permissible for one to make one of these firearm out of a parts set, complete except for the barrel, after applying for permission on ATF Form 1? Your advice on this issue would be appreciated. Thank you, DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 JUN 10 1998 F:FPD:FTB:RLB 3311 Dear : This is in response to your letter of May 26, 1998, to the Bureau of Alcohol, Tobacco and Firearms (ATF), in which you ask several questions regarding Streetsweeper, Striker-12 and USAS-12 type shotguns. As defined in Title 26 U.S.C., Chapter 53, section 5845(f) of the National Firearms Act (NFA), the term destructive device includes certain weapons by whatever name known which will, or which may readily be 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. As you are aware, the Secretary of the Treasury reclassified certain shotguns as destructive devices. ATF Rulings 94-1 and 94-2 (effective March 1, 1994) specifically address the above-mentioned shotguns and subjects them to the purview of the NFA. Weapons within the scope of the NFA are required to be registered with ATF and are subject to certain taxes. It is unlawful for anyone to possess an NFA weapon that is not registered in accordance with the provisions of the NFA. However, for the benefit of individuals possessing such shotguns who may not have been aware of the destructive device classifications, ATF is currently providing an opportunity for them to register their weapons without payment of the tax. For additional information regarding registration of these devices you may contact Ms. Cheryl Fisher or Ms. Dawn Henson, of the NFA Branch, at (202) 927-8330. - 2 - ATF has determined that where the facts and circumstances warrant, certain NFA firearms may be removed from the purview of the NFA by removing the specific feature or features that cause the weapon to be classified as an NFA firearm. In the case of the Streetsweeper and Striker-12 type shotguns, both the barrel and the cylinder must be removed. On the USAS-12, only the barrel need be removed. Once the specific components are removed, the owner must completely divest themselves of these components. We would advise you that the possession of the Streetsweeper, Striker-12 or USAS-12 type, 12-gauge shotgun that has merely had the cylinder and/or barrel removed, or which is in a disassembled condition, or any combination of parts from which a destructive device may be readily assembled, would still constitute a destructive device as defined, if such parts remain under the control of a person. Once the separated components are disposed of, the remaining firearm frame or receiver would not be a destructive device as defined in section 5845(f). However, the remaining firearm frame or receiver would still be a "firearm" as defined in 18 U.S.C. section 921(a)(3). Title 18 U.S.C. section 922 (v)provides that it shall be unlawful for anyone to manufacture, transfer or possess a semiautomatic assault weapon that was not lawfully possessed on September 13, 1994. The term "semiautomatic assault weapon" is defined in section 921(a)(30) and means 19 named models of firearms, including revolving cylinder shotguns such as the Streetsweeper and Striker- 12, as well as semiautomatic shotguns having at least two (2) of the features specified in the law. Based on the information which you provided and our research, it is our opinion that any Streetsweeper, Striker-12, or USAS-12 type shotguns, in any gauge, assembled from a parts kit would be a semiautomatic assault weapon as that term is defined in section 921(a)(30)(A) or section 921(a)(30)(D). If such assembly occurs after September 13, 1994, the assembled firearm would be subject to the provisions of section 922(v). In addition, we suggest that you advise individuals who obtain - 3 - Streetsweeper or Striker-12 receivers, that the acquisition of the receiver and a 12 or 20-gauge cylinder would constitute the making of an NFA firearm. An USAS-12 receiver with a 12 or 20-gauge barrel would also be an NFA firearm. The making of an NFA weapon without approval from ATF is a violation of the NFA. We trust that 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