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Va. law 18.2-308.8


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#1 Metal Militia

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Posted 07 November 2013 - 07:09 PM

While researching other information I stumbled upon state law 18.2-308.8 which pertains to semi-auto shotguns. 

 

http://leg1.state.va... cod 18.2-308.8

 

§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.

(1993, c. 888.)

 

The reason im posting this is because I recently got a Pro Mag 20 round drum for my saiga. I currently have a Carolina Shooters Supply trigger conversion kit on it with a fixed stock, but wanted to put one of their folding stock hinges on it.

 

Now according to the above mentioned law if I put the stock hinge on my saiga AND use the Pro Mag drum I would be committing a class 6 felony correct?

 

I sent an email to Pro Mag about this but not surprisingly was told they couldn't give me an answer and I needed to contact local jurisdiction. I will likely send an email to the state police asking the same question but wanted to hear what those here, who know the law better than I do, think 



#2 Shandlanos

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Posted 07 November 2013 - 07:26 PM

I've seen this discussed before, and the general consensus was that this would violate state law. I haven't seen any official word on the matter.


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#3 ChileRelleno

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Posted 07 November 2013 - 08:51 PM

I've seen this discussed before, and the general consensus was that this would violate state law.

X2 

 

Correct, it is pretty plainly worded.

Don't go folding with a 12rd or + drum.


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#4 sccritterkiller

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Posted 07 November 2013 - 09:17 PM

I agree with above...but it says drum mag capable of 12 rds...always wondered about a folder with a 12 rd stick mag? Not that I would try it.
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#5 Shandlanos

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Posted 07 November 2013 - 09:43 PM

I agree with above...but it says drum mag capable of 12 rds...always wondered about a folder with a 12 rd stick mag? Not that I would try it.

You would be fine. The law specifically refers to a drum magazine. I've seen at least one race gun owned by a Virginian with a couple of 20-round sticks - though I'm not sure if he had a folding stock, there's clearly nothing in the law that would prevent this.


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#6 AA re-cvrd

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Posted 07 November 2013 - 10:11 PM

While researching other information I stumbled upon state law 18.2-308.8 which pertains to semi-auto shotguns. 

 

http://leg1.state.va... cod 18.2-308.8

 

§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.

(1993, c. 888.)

 

The reason im posting this is because I recently got a Pro Mag 20 round drum for my saiga. I currently have a Carolina Shooters Supply trigger conversion kit on it with a fixed stock, but wanted to put one of their folding stock hinges on it.

 

Now according to the above mentioned law if I put the stock hinge on my saiga AND use the Pro Mag drum I would be committing a class 6 felony correct?

 

I sent an email to Pro Mag about this but not surprisingly was told they couldn't give me an answer and I needed to contact local jurisdiction. I will likely send an email to the state police asking the same question but wanted to hear what those here, who know the law better than I do, think 

 

It is highly recommended that you do not break this law of the Commonwealth, unless you like spending time in "Rape you in the ass prison", then by all means go for it. Other than that little tidbit, there really isn't much to discuss about this one.


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#7 Ronin38

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Posted 07 November 2013 - 10:26 PM

It specifically excludes a "12 round drum magazine." Therefore, the 20-rounder is OKAY!   :D

 

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#8 Shandlanos

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Posted 07 November 2013 - 10:42 PM

It specifically excludes a "12 round drum magazine." Therefore, the 20-rounder is OKAY!   biggrin.png

 

IANAL, YMMV, OMGWTFBBQ, Tax, Title and Destination charges may vary.  wink.png

A 20-round drum is capable of holding 12 rounds. The way the law is written, a 20-round drum is sadly pretty clearly included.


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#9 Metal Militia

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Posted 07 November 2013 - 10:56 PM

Thanks guys, I thought the law was fairly well worded my self but wanted to get others thoughts and opinions on it. I hadn't thought about how it would pertain to the 12 round stick mag, I'll have to look into that a bit more. 



#10 Shandlanos

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Posted 07 November 2013 - 11:31 PM

Thanks guys, I thought the law was fairly well worded my self but wanted to get others thoughts and opinions on it. I hadn't thought about how it would pertain to the 12 round stick mag, I'll have to look into that a bit more. 

In short, it doesn't pertain to a stick mag.


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#11 Matthew Hopkins

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Posted 08 November 2013 - 12:17 AM

easy way to go to follow "the letter of the law", that is if your heart is set on having a drum; is to buy a 12 round PR0-MAG drum then put in a extra spacer shell,  so that it now holds 11 live shells, or if you have a 20 round drum put in 8 additional spacer shells,  and go with a folding stock.

 

then there is always the option of have a fixed stock, then you can use the 20 round drum


Edited by Matthew Hopkins, 08 November 2013 - 12:26 AM.


#12 GunFun

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Posted 08 November 2013 - 12:26 AM

While researching other information I stumbled upon state law 18.2-308.8 which pertains to semi-auto shotguns. 

 

http://leg1.state.va... cod 18.2-308.8

 

§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.

(1993, c. 888.)

 

 

 

Please sir, prove beyond a reasonable doubt that my gas operated shotgun is "of like kind" to a clockwork revolver...



#13 Ronin38

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Posted 08 November 2013 - 08:17 AM

^ Good point!  :up:


"I used to think it was awful that life was so unfair. Then I thought, 'wouldn't it be much worse if life *were* fair, and all the terrible things that happen to us come because we actually deserve them?' So now I take great comfort in the general hostility and unfairness of the universe."  -Marcus Cole




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