AOW

[my82cam]

I have a bad idea of turning my 870 into a SBS with a rear pistol grip and a pistol grip on the forearm clocked about 7:30-8:00 for my left hand to hold onto.  Is this an AOW that only takes a $5 stamp or do I need to SBS it first, than do a AOW stamp? Is it even AOW? lol  also, who might make a forearm like what I am wanting?

[my82cam]

Can I do an SBS with a pistol grip(no stock) and it not be an AOW?  What makes it an AOW?

[MP5_Rizzo]

I don't think what you are trying to do will meet AOW by definition. If it was an original factory made in the configuration you are trying to achieve it could be a AOW.

Any Other Weapons (AOWs)—this is a broad "catch-all" category used to regulate any number of firearms which the BATFE under the NFA enforces registration and taxation. Examples include, among others:

1) Smooth-bore pistols 2) Pen guns and cane guns 3) A firearm with combinations smooth bore and rifle barrels 12 inches or more but less than 18 inches in length from which only a single shot can be made from either barrel. 4) Disguised firearms 5) Firearms that can be fired from within a wallet holster or a briefcase 6) A short-barreled shotgun which came from the factory with a pistol grip is categorized as an AOW rather than a Short Barrel Shotgun (SBS), because the Gun Control Act describes a shotgun as “…designed or redesigned to be fired from the shoulder…” 7) Handguns with a forward vertical grip.

Legal Cases Involving Firearm Category Classifications

The AOW listing is one area of legal debate with respect to the addition of the foregrip to a handgun/pistol. BATFE has held that it is illegal to place an aftermarket foregrip on any pistol/handgun without first registering it as an AOW and paying the $200 "making tax" imposed by the National Firearms Act (NFA). BATFE has made the decision that a handgun (but not a machine gun, since a machine gun is not also legally an AOW) with more than one hand grip at an angle to the bore is an AOW. BATFE reasoning is based on the firearm: a) being concealable on the person, and b) not meeting the definition of a "pistol" in the regulations promulgated under the NFA (not the Gun Control Act of 1968 [GCA] where the definition in law resides for a handgun/pistol), as BATFE deems a pistol/handgun is a firearm with a single grip at an angle to the bore. However, two federal cases exist that counter this finding. At least one federal magistrate has decided that if the grip is added later, the gun is not "originally designed" to be fired by holding in more than one grip, and thus putting a second grip on a hangun/pistol does not make it an AOW. BATFE does not regard the this magistrate's decision as binding. The case is U.S. v. Davis, Crim No. 8:93-106 (D.S.C. 1993) (Report of Magistrate, June 21, 1993)[4] . The prosecution was dismissed at the request of the Government before any review of that determination by the trial judge.

[Oh Shoot]

Can I do an SBS with a pistol grip(no stock) and it not be an AOW?  What makes it an AOW?

 

He just told you. If you start with a shotgun, modifying it to have a barrel under 18" makes it a SBS, regardless of whether you use a stock or pistol grip.

 

However, if you start with a virgin receiver, you could call it AOW.

 

And further, I think if you start with a factory pistol grip "shotgun" you could do the same as they are not classed as long guns (shotguns) by ATF, but "other firearm", but I'm not sure if you did that you could also use a stock without getting SBS stamp also?

 

But for sure if you make it SBS you could use either stock or pistol grip.

 

At any rate, again, it is 200 clams to make either one yourself, and AFAIK SBS allows more options in config.

 

- OS

Edited January 8, 2016 by Oh Shoot

[my82cam]

I guess I was throwing the term AOW out there without not really knowing what it was, I believe I understand now.  I think I'm going to look into some accessories for my 870 and cut her down. 

[my82cam]

What is AFAIK, my google fu turned up nothing

[teecro]

Your Google Fu must really be broken....

 

As Far As I Know

[my82cam]

Haha, I've never heard that before, now I know

[LawEnforcementSalesTN]

Best option for an AOW is to have a C2 like myself create one for you on a Form 2.. it then transfers out on a form 4 that is only a $5 transfer fee. But everyone is correct, it's $200 to make ANYTHING unless you're a C2, then it's free - lucky me ;o) You're stuck without the weapon while the form approves but yeah I've been there done that and paid $200 to add a freaking grip to a pistol I had once.  Then 2 months later removed the grip and sold the pistol .. not the brightest bulb in the socket but it was at least a HK SP89 so the thousands I made allow me to swallow the $200 stamp a little easier.

 

It's moot in this situation, other have stated correctly, the fact your shotgun came with and once had a stock it can never be an AOW.  If you come across a virgin receiver and/or a factory pistol grip (other) weapon I'll be happy to assist with the AOW creation for you.

 

In your case I'd file the form 1 for a SBS and do what you want .. you'd be open down to road to put a stock on it if you desired.  But a SBS can have a pistol grip only as long as it's papered as a SBS.

[my82cam]

File a form 1 with a pistol grip on it and than I will be able to add a stock on it later, correct? I wouldn't have to notify them that the OAL changed?

[LawEnforcementSalesTN]

File a form 1 with a pistol grip on it and than I will be able to add a stock on it later, correct? I wouldn't have to notify them that the OAL changed?

 

Yep .. they ask that you do notify of any permanent changes but there's no official requirement so very few ever do