How is the Henry garden gun 22 rimfire legally a shotgun?

lampern

Senior Member

Gun in question.

Federal definition of shotgun in the law:

For the purpose of this chapter—

(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

I don't how any 22 long rifle ammunition meets the definition of fixed shotgun shell including the 22 #12 shot cartridges made for years.

So my argument would be because this firearm is not a rifle or shotgun it simply has to be 26 inches or more in overall length to be legal (not an 'any other weapon') so it could be sold with a much shorter, handier barrel.

Currently its sold with a 36.5" overall length and 18.5" barrel.
 

lampern

Senior Member
(c)Rifle
The term “rifle” 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 cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.
 

Ruger#3

RAMBLIN ADMIN
Staff member
How many folks arrested over this issue?
 

ryanh487

Senior Member
In order for it to fall into the category of "other" weapon like the mossberg Shockwave it has to start life as a pistol or bare receiver. Once a rifle, always a rifle according to the ATF.
 

GunnSmokeer

Senior Member
Lampern, you said:

"So my argument would be because this firearm is not a rifle or shotgun it simply has to be 26 inches or more in overall length to be legal (not an 'any other weapon') so it could be sold with a much shorter, handier barrel."

Even if ATF agreed with you and you could shorten the barrel a few more inches, you would not be able to have a buttstock on it --made for placement on your shoulder.

Would you want a 22 magnum smoothbore lever action firearm that you couldn't shoulder and had only a "pistol grip" or raptor type grip?
 

georgia_home

Senior Member
Not sure this answers your question, but I recall one of the AR makers building a funky category gun. Without rifling, smooth bore barrel, it fell through some ATF Cracks. Not sure which company that was…
 

transfixer

Senior Member
In modern society I can think of no practical purpose or viable reason for this "garden gun" type of weapon , I understand why it was originally designed and for what purpose , don't understand why a company like Henry would build one though ?
 

lampern

Senior Member
Lampern, you said:

"So my argument would be because this firearm is not a rifle or shotgun it simply has to be 26 inches or more in overall length to be legal (not an 'any other weapon') so it could be sold with a much shorter, handier barrel."

Even if ATF agreed with you and you could shorten the barrel a few more inches, you would not be able to have a buttstock on it --made for placement on your shoulder.

Would you want a 22 magnum smoothbore lever action firearm that you couldn't shoulder and had only a "pistol grip" or raptor type grip?

No I was thinking it was not a rifle but not a shotgun but it does meet the definition of shotgun despite not shooting shotgun shells
 

lampern

Senior Member
In modern society I can think of no practical purpose or viable reason for this "garden gun" type of weapon , I understand why it was originally designed and for what purpose , don't understand why a company like Henry would build one though ?

Pest control and hunting at very close range?

Technically legal for turkeys here in NC with the number 12 shot cartidges or any other 22 rimfire cartridge
 

transfixer

Senior Member
Pest control and hunting at very close range?

Technically legal for turkeys here in NC with the number 12 shot cartidges or any other 22 rimfire cartridge

Not practical for either pest control or hunting ,even at close range, a .177 or .22 cal air rifle would be a better choice, and legal for turkeys ? that is simply idiotic !

Henry seems to like making odd, sometimes outdated firearms, I suppose for the Henry fanboys who will buy virtually anything they produce, over priced as it is
 

weagle

Senior Member
Ratshot works great for mice, rats, starlings etc inside a barn where you don't want holes in things. However the best use is outside of a a wooden structure in the spring shooting carpenter bees :) Much fun.
 

transfixer

Senior Member
Ratshot works great for mice, rats, starlings etc inside a barn where you don't want holes in things. However the best use is outside of a a wooden structure in the spring shooting carpenter bees :) Much fun.

Carpenter bees is probably the ONLY thing ratshot is any good for ! lol
 

Big7

The Oracle
There were some Remington pump guns going around in the 80's. Smoothbores.
Folks shot miniature clays with them.

I wish he would have shot some regular bullets so we could see how accurate they were.
 

JustUs4All

Slow Mod
Staff member
I don't how any 22 long rifle ammunition meets the definition of fixed shotgun shell including the 22 #12 shot cartridges made for years.

What is the definition of a "fixed shotgun shell"?
 

lampern

Senior Member
Not practical for either pest control or hunting ,even at close range, a .177 or .22 cal air rifle would be a better choice, and legal for turkeys ? that is simply idiotic !

Henry seems to like making odd, sometimes outdated firearms, I suppose for the Henry fanboys who will buy virtually anything they produce, over priced as it is
Because it has a smooth bore. Its basically considered a shotgun for hunting purposes.
 

Big7

The Oracle
Every "hit man" in the world will have one.

As long a one gathers one's brass, there is no way to trace it.
 

Nicodemus

The Recluse
Staff member
Can a "rung" shell be traced?
 
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