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"Weapons of Mass Destruction" arrest in W-NC. 12/10/09

5.5K views 31 replies 23 participants last post by  Lung  
#1 ·
Saw a blurb about this on the news last night.

http://www.wlos.com/shared/newsroom/top_stories/wlos_vid_1405.shtml

Weapons of Mass Destruction Charges

A traffic stop in Transylvania County Wednesday night resulted in two felony charges of weapons of mass destruction.

Deputies say Michael Berry of Hendersonville had a sawed-off shotgun and a silencer on him when he was pulled over. In addition to the weapons of mass destruction charges, Barry is also charged with carrying a concealed weapon, DWI, open container, and possession of marijuana and paraphernalia.

Sheriff David Mahoney says Berry was originally pulled over on Highway 64 for some minor motor vehicle violations.

An investigation continues into whether or not he used the weapons to commit crimes.

Berry faces a maximum sentence of about 8 years if convicted on the two felonies.
:scared: That was waaaaaaaaayyyyy too close to home.

CHRIS
 
#9 ·
That's overall length, I assume
Minimum overall length for a non-NFA shotgun is 26". Minimum barrel length is 18". It's usually not an issue with overall length until you start getting really short on barrel and have a PGO stock, or if you are talking about break action guns that don't have 7-8" of receiver between buttstock and barrel.
 
#10 ·
when did a shotgun get to be a WMD
 
#16 ·
Why did noone tell me we had a Transylvania County in NC? I bet they have some kickass Halloween stuff there....

And +1 Demon... Scary how much we seem to agree on things lately.
Not really, least not while I grew up. Although Dad's Ham Radio club used to do a CQ event each Halloween atop Devil's Courthouse. Back in the late 80's we had a rash of devil worshipers come into the county, killing ppls dogs & cats and crap like that. They were taken care of without the media's help though :7:
 
#19 ·
weapons of mass destruction.. NOT. i thought they found a terrorist cell or something. sounds more like a drug dealer/user with weapons, who was caught for speeding or expired tags.
 
#22 ·
Rosman is coming along, at least they have a stoplight now. I'd certainly not have a problem walking through there anytime of day or night... Now you start talking about parts up around Balsam Grove, Pinhook Gap, or up behind Quebec and it might be different. The key is when/if approached by a stranger, especially if he/she is agitated or angry, start out by saying "Mr. McCall, if that's you...". If that pisses him off even more, correct yourself with "Gosh, I'm sorry Mr. Owens, I didn't see that was you..." then you're in like Flynn. God be with you if you speak with any hint of a northern accent, b/c then it's likely only the blackbirds and crows will know where you went.
 
#23 ·
§ 14‑288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.

(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one‑half inch in diameter; or

(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or

(4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.
 
#24 ·
Legal barrel length for a shotgun is 18" or more. Anything under that is considered a SBS or if shipped from the factory with only a pistol grip, it is considered an AOW (any other weapon.)
Nope.

http://www.law.cornell.edu/uscode/26/5845.html

(e) Any other weapon The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.
A shotgun that is SOLD with a pistol grip ATTACHED is considered a "Other" on the 4473 form because it does not meet the definition of a shotgun:

(d) Shotgun The term "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.
It is not an AOW.
 
#25 ·
Nope.

http://www.law.cornell.edu/uscode/26/5845.html

A shotgun that is SOLD with a pistol grip ATTACHED is considered a "Other" on the 4473 form because it does not meet the definition of a shotgun:

It is not an AOW.
The ATF has long declared that a shotgun, without a buttstock, and having a barrel shorter than 18" can be "Any Other Weapon" if registered as such. The shotgun, in this configuration, cannot ever (legally) have a buttstock attached.

The same gun, registered as "Short Barrel Shotgun", can be with or without a pistol grip.

Image


This is an "Any Other Weapon" shotgun.
 
#26 ·
I understand that, but the line i was responding to was

Legal barrel length for a shotgun is 18" or more. Anything under that is considered a SBS or if shipped from the factory with only a pistol grip, it is considered an AOW (any other weapon.)
If it is longer than 18" and has a pistol grip from the factory, it is a "other" on the for 4473 but it is NOT an NFA weapon.