One can cut any barrel down to any desired length .. no need to spend mega bucks ...
That's just plain wrong.
* * * Update (8/25/15), following laws in green have been repealed * * *
IC 35-47-1-10
"Sawed-off shotgun"
Sec. 10. "Sawed-off shotgun" means:
(1) a shotgun having one (1) or more barrels less than eighteen
(18) inches in length; and
(2) any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if the weapon as modified has an
overall length of less than twenty-six (26) inches.
IC 35-47-5-4.1
Sawed-off shotgun
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a
Level 6 felony.
(b) The presence of a weapon referred to in subsection (a) in a
motor vehicle (as defined under IC 9-13-2-105(a)) except for school
buses and a vehicle operated in the transportation of passengers by a
common carrier (as defined in IC 8-2.1-17-4) creates an inference
that the weapon is in the possession of the persons occupying the
motor vehicle. However, the inference does not apply to all the
persons occupying the motor vehicle if the weapon is found upon, or
under the control of, one (1) of the occupants. In addition, the
inference does not apply to a duly licensed driver of a motor vehicle
for hire who finds the weapon in the licensed driver's motor vehicle
in the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer who
is acting in the course of the officer's official duties or to a person
who manufactures or imports for sale or sells a sawed-off shotgun to
a law enforcement agency.
That's just the state law.
Under The National Firearms Act of 1968, barrel length is also regulated for certain weapons;
Short-barreled rifles (SBRs) — this category includes any firearm with a buttstock and either a rifled barrel under 16" long or an overall length under 26". The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.
Short barreled shotguns (SBSs) — this category is defined similarly to SBRs, but the barrel must be under 18" or a minimum overall length under 26". and the barrel must be a smoothbore.
...and the punishment can be quite harsh...
Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future. The Act provides for a penalty of $10,000 for certain violations. A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $100,000 fine ($500,000 in the case of a corporation or trust), under the general tax evasion statute. For an individual, the felony fine of $100,000 for tax evasion could be increased to $250,000.
- 26 U.S.C. § 5861, 26 U.S.C. § 5871, 26 U.S.C. § 7201
The "handgun" definition makes things harder, not easier.
For instance, there is no law against concealing a loaded rifle on your person or in a car. If you want to conceal an SBR, you have to have a LTCH.
Any NFA regulations are federal, not state, so you can't cut down a shotgun and say "it's a handgun, so I don't have to pay the $200 tax."
In Indiana (as cited above), even if it is cleared under the NFA, a person may not own a sawed-off shotgun. But this is all predicated on a legally owned NFA weapon.
But, I have to disagree with you about making things harder, not easier. Let's take a look at one of the exceptions to the preemption law;
IC 35-47-11.1-4
Not prohibited by chapter
Sec. 4. This chapter may not be construed to prevent any of the
following:
(6) The enactment or enforcement of a provision prohibiting or
restricting the intentional display of a firearm at a public
meeting.
(I picked subsection 6 out of simplicity of argument.)
As you can see, the preemption law states in most of the subsections about
FIREARMS being able to be banned by the city, in certain situations, at their discretion.
So by that wording, they can prevent you from bringing your rifle into a public meeting.
But, if we look at the bottom of the same section of code...
"However, except as provided in subdivision (5) concerning a
building that contains a courtroom, a unit may not prohibit or
restrict the possession of a handgun under this subdivision in a
building owned or administered by the unit if the person who
possesses the handgun has been issued a valid license to carry
the handgun under IC 35-47-2."
... It provides an exception to a "handgun" carried by a person who has a carry license.
If you were to carry an NFA compliant SBR, or any other weapon that has a barrel less than 16", like a P-90, or otherwise is defined as a "handgun", the city cannot stop you unless it is a building containing a courtroom.
I've tried to debunk this theory myself, but I've not come across any other laws that would prevent this from occurring.
Any thoughts?
![Stick out tongue :p :p](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)