- Bureau of Alcohol, Tobacco and Firearms
ATF Rulings 94-1 and 94-2 classified three shotguns as destructive devices
pursuant to 26 U.S.C., Chapter 53, the National Firearms Act (NFA). These
shotguns are the USAS-12, Striker-12, and the Streetsweeper. The NFA requires
registration of certain types of firearms such as machineguns, sawed-off
rifles, sawed-off shotguns and destructive devices. The NFA defines destructive
devices to include shotguns with a bore of more than one-half inch diameter
which are not generally recognized as particularly suitable for or readily
adaptable to sporting purposes. The Bureau of Alcohol, Tobacco & Firearms
(ATF) has determined that these shotguns fall within this definition.
Classifying these weapons as destructive devices under the NFA requires
the current possessor to file an ATF Form 1, fingerprint cards, and a
current photograph to effect the registration of the firearm. The initial
registration is tax exempt. Any subsequent transfer must be approved in
advance and would result in transfer tax liability of $200. The possessor
must register the weapon as soon as possible after learning of the registration
requirement, e.g., within thirty days. Weapons not registered within
the allowable time frame are subject to seizure and forfeiture, and the
possessor subject to a criminal fine of up to $250,000 or up to 10 years
in jail, or both.
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Any questions regarding
these weapons should be directed to the National Firearms Act Branch at
(M29) Did ATF classify certain
shotguns as "destructive devices" which requires that the weapons be registered
under the National Firearms Act?
Yes. On March 1, 1994, ATF classified three
shotguns as destructive devices pursuant to 26 U.S.C. Chapter 53, under
the National Firearms Act (NFA). These shotguns are the USAS-12, Striker-12,
and the Streetsweeper.
(M30) What should possessors of USAS-12,
Striker-12, and Streetsweeper shotguns do to legally possess the weapons?
Current possessors of these weapons must register the weapon as soon
as possible after learning of the registration requirement, e.g.,
within 30 days. Possessors must complete an ATF Form 1 in duplicate and
submit fingerprint cards and a current photograph to effect the registration
of the firearm. It is not necessary to complete the law enforcement certification
on the reverse side of the form. The initial registration is tax exempt.
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