Quote:
Originally Posted by Quiet
AFAIK...
A from the factory pistol grip only shotgun that has never had a shoulder stock attached is an "other" (Title 1) firearm.
In regards to transporting, mMost likely your Mossberg 500 Crusier will be treated like a long gun by most LEOs, since it does not meet the definition of a "firearm capable of being concealed upon a person" [PC 12001(a)(1)]. So, unloaded and not in a locked container would be legal, as long as you are not within 1000' of a school zone.
People v Clark clarified 12031(g).
In regards to your Mossberg 500 Cruiser...
... if you have shotgun shells in a side saddle and/or bandoleer sling, then it is not loaded.
... if you have shotgun shells in the tube magazine or a shotgun shell chambered, then it is loaded.
FYI...
As long as you never attach a shoulder stock to your Mossberg 500 Crusier, you can form a trust and send in a Form 4 to the BATFE, in order to make it an AOW. Once you get approved & have your tax stamp (yes, people in CA are successfully getting approved for AOWs in CA, requires a lot of hoop jumping but it can be done), you can legally reduce the barrel to less than 18". CA's SBS definition does not apply to AOWs [PC 12020(b)(8)]. Also, it is currently possible to have an AOW on your CA CCW permit [PC 12050(a)] (it meets the "other firearm capable of being concealed" definition [PC 12001(a)(1)]. However, (if passed) AB225 will change it so that you could no longer have an AOW on your CCW permit.
Penal Code 12001
(a)(1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
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There is one issue with this.... And its the "Taurus Judge" thing.
Federally, yes- A Mossburg C is an AOW.
1. California law doesn't really have an AOW term on its own (it refers to the Federal Law, and for a specific reason- exemption from 12020 a which is not really what were talking about here (Sale, Importation and Manufacture)- General possession of 12020 b8 items will be treated in accordance with federal law, where the handling and transportation rules are even stricter than California's), but we KNOW how California law treats a Taurus Judge (or ANY weapon that fires shotgun ammunition-) They maintain its a shotgun, not an AOW. Thus theres a better than decent chance that a Mossburg 500 will be considered to be a shotgun too. But who knows for sure? When in doubt, err on the side of caution.
2. While it may be "TECHNICALLY" possible to have an AOW (or SBs/r) on a 12050 Permit, I dont know of ANY jurisdiction that has actually done so.
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