GunAddict
GunAddict
I want to get me one of these puppies:
I want to get me one of these puppies:
So am I correct in assuming that if you took, lets say a mossberg, that came with a pistol grip from the factory to someone with their class II, they could cut the barrel and then it would be an AOW with a $5 stamp?
marlin at pdi has em
To answer the question about taking my own pistol grip only to a class 2/3 it'd be my understanding that I'd have to first sell it to him/he'd have to take legal possession of it on his books then he could do the work and sell it back for the $5 bribe.
So am I correct in assuming that if you took, lets say a mossberg, that came with a pistol grip from the factory to someone with their class II, they could cut the barrel and then it would be an AOW with a $5 stamp?
There is the common understanding of the word shotgun and then there is the statutory definition of shotgun. I repeat, if it was manufactured and sold with no buttstock, then it does NOT fit the defintion of "shotgun" or "short barreled shotgun" in statute.No, because it was originally manufactured as a shotgun. Cutting the barrel would cause it to 'become' a short barreled shotgun.
To do what you described you would have to register the shotgun (with the Feds) as a short barreled shotgun, BEFORE YOU CUT, and pay the $200 tax.
Only if the firearm came from the factory as an AOW, and registered as such (e.g. manufactured with a barrel less that 18 inches) is it an AOW.
Good luck
Jerry
Now pay attention to whenever they use the word "shotgun" from here on out in that part of code becasue it means this is the definition used and it HAS to be designed to be fired from the shoulder in order to be a shotgun.(5) The term "shotgun" means a
weapon designed or redesigned, made
or remade, and intended to be fired
from the shoulder and designed or redesigned
and made or remade to use
the energy of an explosive to fire
through a smooth bore either a number
of ball shot or a single projectile for
each single pull of the trigger.
(6) The term "short-barreled shotgun"
means a shotgun having one or
more barrels less than eighteen inches
in length and any weapon made from a
shotgun (whether by alteration, modification,
or otherwise) if such weapon as
modified has an overall length of less
than twenty-six inches.
http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-1999-02.pdf“Shotguns” with pistol grips attached
In the last ATF Newsletter (August 1998) an
article stated shotguns with pistol grips and no
shoulder stocks attached were restricted to
persons 21 years of age or older if being sold by a
Federal firearms licensee. This requirement is
specified in 27 CFR § 178.99(b) and 18 U.S.C.
922(b)(1) (www.atf.treas.gov/core/regulations/
27cfr178.html), which states that if the firearm to
be transferred is “other than a rifle or shotgun”
then the purchaser must be 21 years of age. The
definition of a shotgun under the GCA [18 U.S.C.
§ 921(a)(5)] is a weapon “intended to be fired
from the shoulder.” With the pistol grip in lieu of
the shoulder stock, this weapon is not designed to
be fired from the shoulder, and therefore is not a
shotgun.
Questions have been raised about those firearms
that are supplied with both a pistol grip and a
shoulder stock. If the firearm is sold with the
shoulder stock then the firearm is intended to be
fired from the shoulder and would be considered a
shotgun. The shoulder stock does not necessarily
have to be attached at the time. Persons 18 years
of age or older may purchase those firearms from
licensees.
Other questions raised pertain to entries made in
the licensee’s required records as to firearm
“type” if not shotgun. These entries may indicate
the firearm type simply as Title I.
So therefore goneshootin88 and Carryaglock are likely correct.
zombie hunter I wonder about you... get a hack saw and take care of the problem... once you do this proceed to PG county and offer some of the usual suspects an opportunity to trade crack for referenced firearm... take crack and either use to pick up scallywags or trade in for cash
You said before you needed credit advisement so I'm offering an alternate possibility to get you back in black
Not to throw more mud in the water, but I'm pretty sure that an AOW with a $5 stamp can NOT be "created" on a Form 1 and can only be done by a 07/SOT manufacturer. Anytime the "maker" is not a manufactuer, it costs $200 to make it.
If I make one as an 07/SOT it is free to register it on a Form 2 and the $5 to transfer on a Form 4 or free to another FFL with SOT paid.
When I or any other 07 makes a gun that falls under NFA as a manufacturer, I (or they) become the "manufacturer of record" and it is no longer Remington or Mossberg or whomever originally made the gun. If I put a pistol grip on the 870 during "major modification" then it becomes an AOW when I register it on the Form 2 and I must certify that it has never had a buttt stock attached in it's present configuration. At least this is the interpretation given by NFA Tech Branch to my inspector during his visit last week. That is consistant with Serbu's AOW.
I believe Marlin is correct if he does the work it can be an AOW on a $5 stamp, but if he sells the parts for an AOW so that it can be done on a Form 1, but if it is done on a form 1, I think the cost is $200 since it is the person filing the form 1 who is the maker and not the 07/SOT.
I also got an answer on 922r compliance for NFA arms made by an 07/SOT. ATF says the max 10 parts also applies to NFA guns, even machine guns made with foreign parts....for what it's worth...if you make a Krink clone from an AK it must comply.
We're doing mods to customer guns made into SBS or AOW for $250 plus engraving, parts and coating cost if any. Turn around is well within the ATF processing time for the form 4 so you can stop by and fondle the gun while waiting for ATF to process the paperwork....which runs 4 -6 months at present.
Oh BTW, I can't recommend an 8" double barrel 12 ga with double triggers shooting 3" mags.....not for the faint of heart!!!