Powerhead - Legal Issues

Legal Issues

A powerhead may be considered a firearm under some circumstances. In the US, the BATFE considers a powerhead a firearm if it is not permanently affixed to a shaft; generally powerheads are sold spot welded to a temporary steel shaft giving an overall length of greater than 18 inches (45 cm). After installing permanently on a spear shaft, the spot weld is cut, and the temporary shaft discarded.

Revenue Ruling 55-569, C.B. 1955-2, 483 says:-

"A device ostensibly designed for submarine spear fishing, but capable of chambering and firing .22 caliber rimfire ammunition, is a firearm within the purview of the National Firearms Act. However, such device, if permanently attached to the speargun shaft by the manufacturer, would not be a firearm."

Note that this ruling is with regard to the National Firearms Act, and not to the 1968 Gun Control Act. (The National Firearms Act defines 'firearm' as machine guns, short barreled rifles, short barreled shotguns, and concealable firearms that are neither pistols nor revolvers.) This means that powerheads may still be under the authority of the 1968 Gun Control Act with regards to shipping them and purchase of them from licenced dealers.

Laws may also prohibit the use of powerheads in sport fishing. They are allowed in US federally controlled waters, but many states prohibit their use in state controlled waters.