DEPARTMENT OF THE TREASURY
             Bureau of Alcohol, Tobacco and Firearms
                     Washington, D.C. 20226

                           JUN 19 2000
                                                       903050:CHB
                                                       3311

Dear Mr. Bardwell:

This refers to your letter of May 30, 2000, in which you asked
about a semiautomatic shotgun.

You describe a Mossberg M9200A1 semiautomatic shotgun which accepts
4 rounds of 2-3/4 or 3-inch ammunition in a fixed tubular magazine,
and having a pistol grip and a folding stock.

As defined in section 921(a)(30)(D), of Title 18, United States
Code, the term "semiautomatic assault weapon" means a semiautomatic
shotgun that has at least 2 of the following features:

     (i) a folding or telescoping stock;

     (ii) a pistol grip that protrudes conspicuously beneath the
          action of the weapon;

     (iii) a fixed magazine capacity in excess of 5 rounds; and;

     (iv) an ability to accept a detachable magazine.

The described semiautomatic shotgun has two of the qualifying
features; therefore, it is a semiautomatic assault weapon as
defined.

                              - 2 -

Mr. Bardwell

Section 922(v)(1), of Title 18 U.S.C., provides that it shall be
unlawful for any person to manufacture, transfer or possess a
semiautomatic assault weapon.  However, paragraph (v)(3)(D)
provides that the prohibition in paragraph (1) shall not apply to
any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.

If the described shotgun cannot hold more than 5 rounds of
ammunition in its fixed magazine, it is excluded from the
prohibition in section 922(v)(1).

We trust that the foregoing has been responsive to your inquiry. 
If you have further questions concerning this matter, please
contact us. 


                        Sincerely yours,

                            [signed]

                      Curtis H.A. Bartlett
            Acting Chief, Firearms Technology Branch