Shorty Shotguns

Question
Would the Serbu Super Shorty be legal in VA?  It is technically an AOW because it fires shot, is smooth bore and has a pistol grip.  I was of the belief that the 18" shotgun restriction was a federal mandate, but I recall reading something about a Virginia law that placed a limit on the length of a shotgun barrel.  I'm just a little unsure as this fits into a sort of grey area.  I'm not looking for an end-all be-all answer, just a better idea.

-Thanks

Also if you're unsure and you know someone who can help me out could you please forward this question?

Answer
Brendan,

You have ventured into a pretty complex area of firearms law.  The Serbu Super Shorty is classified as an AOW under the National Firearms Act of 1934.  It is not prohibited federally, you simply need to meet the requirements under the NFA and pay a $5 transfer stamp fee.  Here's where it gets more interesting...this only applies if your state of residence permits private ownership of this firearm.  Each state can set requirements that are more restrictive than federal laws and most do have more restrictive laws.  

Unfortunately, in Virginia it is illegal for any private citizen to possess a working shotgun with a barrel length of less than 18".  You can have one if it is permanently rendered unfireable since then it would be a 'curio'.  If it works, only military or law enforcement can legally have one.

If Virginia permits class 3 weapons ownership by private citizens, you could contact a class 3 dealer in your state and they should be able to walk you through the process...the short version works something like this:

1.  Contact a local Class 3 dealer or Class 2 manufacturer and find out what needs to be done in your state in order to purchase an NFA item.

2.  Make sure you can get a sign off.  This is the major snag to buying an NFA item.  To complete your BATF paperwork (BATF Form 4) which transfers the NFA item to you, you'll need the signature of a local law enforcement chief.  Not just a street cop, but the Sheriff, State's Attorney, etc.  Said person is not required to sign the form, and in many locations around the country, won't.

3.  Send money. Usually your local dealer charges a fee for handling the transfer.

4.  Wait. The dealer-to-dealer paperwork usually takes a while...

The key factor is whether VA permits you to purchase with a class 3 transfer.  If they do, then you can get one, but just have to jump through some hoops.  If they don't...then you are out of luck.

Cheers,

Doug