(BATF Seal)           DEPARTMENT OF THE TREASURY

                   Bureau of Alcohol, Tobacco and Firearms

                           Washington, DC  20226

                                                              E:CE:F:TE:RAT

                                Sep 12 1995                   3311.4



   Mr. XXXXXXXXX

   address...

   City, State  Zip



   Dear Mr. XXXXXXXXX



   This refers to your letter of August 18, 1995, in which you ask about

   the legality of a device known as the "Spud Gun."



   These subject devices are generally constructed from PVC tubing and

   fittings and are designed to launch a muzzle loaded potato using aerosol

   hair spray or other type of propellant.  Ignition is by means of some

   type of "spark" igniter.



   The Bureau has previously examined devices known as "Spud Guns, Potato

   Guns, or Spudzookas" and have determined that such devices, in and of

   themselves, are not firearms as defined in Title 18 United States Code

   (U.S.C.), Chapter 44, S 921(a)(3) or 26 U.S.C., Chapter 53, S 5845.



   However, any similar devices which can be determined to be weapons by

   reason of their design construction, intended use, actual use,

   ammunition or other factors may meet the definition of a firearm under

   Title 18 or 26 U.S.C.



   We suggest that you contact your State and local law enforcement

   authorities concerning possession of such devices.



   We trust that the foregoing has been responsive to your inquiry.  If we

   may be of further assistance please contact us.



                                             Sincerely yours,



                                             Edward M. Owen, Jr.

                                     Chief, Firearms Technology Branch