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