Quoted: Since I have a CMMG 7.3 pistol coming after they get back from the Shot Show this caught my interest. I emailed Webarms and got the following response. BATF was non-responsive after several handoffs, the courts [US v Davis (1993) and US v Fix (2001)] indicate it's ok (no real case law) and an arms ffl/seller says it's ok. Webarms obviously feels comfortable about the issue. I'm not going to get into the whole can you, should you. I have my own opinion but I thought you all might find Webarms response of interest, or not.
----- Original Message ----- From: webarms To: xxxxxxxxxxxxxxxxx Sent: Monday, January 30, 2006 5:47 AM Subject: OA93
****,
I forgot to mention that the specific regs state that an AOW is a smooth bore and does not include rifled barrels wheather it be a pistol or rifle.
So we see it as being legal for a civilian because it does have a rifled barrel and is not a smooth bore. That is the difference. You will still need to check local laws though.
Thanks, Web Arms
|
Yikes... so much confusion could get a bunch of folks into big trouble all to save a couple hundred bucks (is having your voting and gun-ownership rights stripped really worth the risk?). I agree that the specific definition for AOW does not specifically include a forward vertical grip added to an already built 'pistol', but right or wrong, I sure would not risk my freedoms to install a front grip and not pay the ATF expected $200 - if it is currently expected. This is one of those items that you may want, just for the convenience of being able to say you're approved, pay and be done with it.
Here are the facts and the code:
The National Firearms Act Title 26, United States Code INTERNAL REVENUE CODE CHAPTER 53 -- MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS
§ 5845. Definitions (e) Any other weapon. -- The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. The NFA
|
So at first glance it looks like the "and not capable of firing fixed ammunition" is the pertinent part.
Fixed ammunition. That self-contained unit consisting of the case, primer, propellant charge, and projectile or projectiles.
|
It apears that, "and not capable of firing fixed ammunition" excludes AR-type pistols (or most modern pistols for that matter) from the highlighted pistol and revolver exclusion from being called an AOW.
So what do we have left? I believe the commas in the first half will be interpreted to imply 'or' - not 'and':
"A weapon that can be concealed, and discharged through the energy of an explosive,"
"or a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell,"
"or weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading,"
"and shall include any such weapon which may be readily restored to fire."
This is
ghey gray enough to be interpreted either way. My $200 bet would be on the front side rather than a bunch of litigation on the back side just to prove a point. Some points are just too expensive to be proven...
I would like very much to hear what the BATFE has to say specifically about adding a VFG an already built pistol.
But I doubt I'll be very surprised by the vague and non-defining response.
BTW... here is the def for 'pistol' by the NFA:
Pistol. A weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).
|
Seems to exclude anything held with two hands (forward grip virtical
or horizontal), doesn't it?