What is a Firearm?

Please read only the bolded portions, for even a felon can have several arms and not be considered a “firearm” under statutory construction. Remember, the common term “firearm” is not the same as a statutory “firearm.” The government defrauds people into believing they have to give up their arms if convicted of a felony. Not so by statutory construction and the intent of Congress who wrote the Public Law from which the Statute was Codified as 26 USC 5845. They cannot take away the right of any man to defend himself that’s why they defined “firearm” by statute so as to not destroy that right. But one not knowing that statutory definitions differ greatly from common definitions that we all use, would give up his ARMS which are not “firearms” even if not fitting the statue definition. And, the government does not say that a felon cannot have a “rifle” it says he cannot have a “firearm.” Strict statutory construction takes over at this point to prevent this right from ever being abrogated by the man-made law.

Big Al

26 U.S.C. Sec. 5845. Definitions

For the purpose of this chapter -

(a) Firearm

The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

(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.

Parallel authorities for 26 USC 5845 (from CFR)

[NB: because this service is automated, and the information it uses relatively volatile, this listing may not be complete and is presented for reference only. You may want to consult the House of Representatives parallel table of authorities for a complete listing.]

There appear to be no parallel authorities in CFR for this section (26 USC 5845).