I'm in the process of finally trying to take possession of an old H&R Handy Gun that my father owns/owned.    Skipping all the details......................................

My father acquired this weapon on 1928.   When they opened the Registry in 1968 he got papers on it so it's legal.   Form 4467.    I have a copy here.    Original is with gun.  He passed away about 30 years ago but it is in possession by my mother.   I have verified via the ATF that all I need is the Form 5, which looks like they changed it recently.

The original 4467 shows the kind of firearm as "Short Barrel Shotgun."   However that specific gun shows classified as "Any Other Weapon" now per the ATF web site.     Funny but talking with the ATF guy he thought it would be a pistol.   DUH!   Those guys aren't really that smart.

Since the gun is in the Registry as an SBS what should I put on my Form 5?   AOW or SBS?  I've also got to do the whole FFL to FFL transfer because I'm in a different state.


This is not the gun btw but a similar one.
Attached File

fill it out as per 4467

So, I'm a little confused, and I would just keep my mouth shut except it appears you may be getting ready to spend some money that you might not have to .

If the gun is transfering on a Form 5 then it must be an inherited gun.  If it is an inherited gun then it does not need to go FFL to FFL.

Check a little deeper before you spend big bucks on FFL transfers.

I don't know if this helps, maybe someone that knows a lot more than me will be along.

Once you have an approved Form 5, in your hand, you should be able to go visit Mom and bring it home.

18 USC 922 (a) (5)

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

An SBS can be configured as an AOW and still remain an SBS on paper.  The owner can reconfigure the gun, at any time, back and forth.

An AOW cannot be configured as an SBS.

I missed the ffl part. Yes on inherited gun it is f5 direct across state lines

So you're suggesting I don't need to do a FFL to FFL transfer crossing state lines?  That sure would be much easier on me.    I have some local dealers that will do it cheap.   I live in Arkansas.   The gun is in Alabama.    Yes it will be an inherited firearm.    Actually I had been in possession of this firearm for many, many years not knowing it was an NFA firearm.   I got more gun savvy and happened to stumble across something on the ATF site that identified that firearm.   It was returned back several years ago while waiting to figure out how to transfer it.   Luckily I had remembered my dad talking about getting it registered back in the late 60's.   I was only around 10 at the time.

IANAL...

With that said, yes it is my understanding per the statute that I posted above, that an inherited firearm can be transferred across state lines without an FFL.  In this case, since the gun in under the preview of the NFA you will need to get the Form 5 approved before you can take possession from the estate.

It will be easy and less confusing for Martinsburg if the description on the current paperwork matchs the description on the Form 5.

There are pros and cons to having a gun registered as an SBR v AOW  If the gun is registered as an SBR, you can switch between the pistol grip and a full stock and back again, but you will have to get permission on a Form 5320.20 when you want to move it across state lines.  An AOW does not require prior permission to cross state lines but cannot ever have a shoulder stock.

AFAIK this is strictly a pistol.   No known shoulder stock exists that I am aware of.   It was originally manufactured as a pistol with a shotgun barrel, 12 1/2 inches in length.    Perhaps there was no designation of AOW back in 1968?   Thus it is on paper as a Short Barreled Shotgun.

I guess I will have to confer further with the ATF before sending in a 5320-5.

National Firearms Act of 1934 defines it as an AOW:
See page 8 here: ATF NFA Handbook

That said.........if the firearm wasn't registered with ATF until 1968 it's quite possible that your father chose to register it as a SBS. It would have cost the same.

Thanks

That is more than likely what happened.    I'm sure in 1968 the information wasn't as easily acquired like it is today.    Whether he asked someone how to fill out the form I have no idea.

If it was listed as a SBS, keep it as an SBS.