The lever gun is a Marlin too <img src="/ubbthreads/images/graemlins/tongue.gif" alt="" /> .

Randy,

Federal law (National Fireams Act of 1934) defined the legal minimum shotgun barrel length as 18".

For a rifle it is 16" with an OAL of 26".

Under the National Firearms Act (NFA) it is illegal for a private citizen to possess a sawed-off modern smokeless powder shotgun, i.e. with a barrel length less than 18 inches (46 cm) and an overall length less than 26 inches (66 cm), without a tax-stamped permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives, which requires a background check and a $200 fee for every transfer. However, if the weapon was manufactured by a licensed builder, with a short barrel and no stock, the transfer fee is $5. [1] (Short-barreled muzzleloading blackpowder shotguns, in contrast, are not illegal by federal law and require no tax-stamped permit, although they may be illegal under state law.) As with all NFA regulated firearms, a new tax stamp must be purchased before every transfer. Inter-state transfers must be facilitated through a Class III Federal Firearms Licensed (FFL) dealer while intrastate transfers may be between two persons.[6]




http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00005845----000-.html




(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.

That's what I thought as well, but I have had two different opinions now, no make that 3. Two of them (chief deputy) and a BATF officer said it was legal. Now you know why It never leaves the house or has the barrel on it!

You are in possession of an illegal SBS (Short Barreled Shotgun)....

http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

Here is a quote from the ATF website....

"A SBS consists of a shotgun that has a barrel less than 18 inches in length."

SBS are Class 3 weapons and require Form 4 ownership possession (you have to pay $200 worth of tax prior to making the SBS).

Just to be on the safe side I have thought about having a sort of muzzle brake soldered to the end of it. Then I wouldn't be afraid to mount the barrel on the receiver.

You are also in violation of the law by owning the receiver and cut down barrel. This is called "constructive ownership" and carries a 10 year federal prison sentence.

I use to work with a Class 3 dealer...

I'm even more confused now I think.

Ok, As long as the barrel is not mounted on the shotgun am I ok?

Ok then I need to trash the barrel, right?

No!

The ATF defines "constructive possession" as having all of the parts to build an illegal Class 3 weapon on the same premises.

Put another way...

Can you own a M60 if its not registered and is dissembled? No. Same thing applies to your SBS.

Read this article...

http://blog.princelaw.com/2009/9/1/florida-man-arrested-for-constructive-possession-of-an-sbr