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Posted: 5/7/2009 4:37:05 AM EDT
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Anyone need a briefcase for their PK? You gotta love this one!
http://www.gunbroker.com/Auction/ViewItem.asp?Item=128363006 |
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That's correct - having a briefcase and a gun that fits it without registration is a no no. It is only the *combination* of a firearm placed *inside* an operational briefcase, in such a manner that the firearm can be fired, which makes the combination of gun & case an AOW. This assumes of course the firearm inside is not an MG - in that event the combination of case and gun is still an MG. |
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Quoted: Osprey: Then it stands to reason if my GSG5PK is already registered as an SBR then I do not need a tax stamp for the briefcase. Is that correct? That's correct - the case can never be papered as it's stiil just a briefcase. However, as soon as your SBR goes into the briefcase it ceases to be a SBR. Once it is in the briefcase, it becomes an AOW-regardless of it's status before it is in the briefcase. A SBR inside an operational briefcase is no longer a SBR by definition since the rifle and briefcase combo is no longer 'designed, made, or intended to be fired from the shoulder'. The definition of a pistol, a rifle a shotgun, a SBR, a SBS, a MG and an AOW. What I came up with by looking at those definitions is that as soon as you put any one of those items(except a MG) into a briefcase, it no longer meets the definition of what it once was. A pistol is no longer a pistol when installed in an operational briefcase. Since it is no longer a pistol, what else can it be?? It becomes that magical thing that defines weapons that are not pistols, rifles, shotguns, SBRs, SBSs and MGs-it becomes "Any Other Weapon". It is really simple, but at the same time kinda stupid. The only reason a MG isn't an AOW when it is installed in an operational briefcase is because it still meets the definition of a machinegun-even inside the briefcase. None of the other weapons pass that test. It is wacky, but if you play by the statutory definitions, this is what I come up with. I am not a lawyer, and I don't play one on TV or here at ARFcom. I just read the regs and statutes and try to make some sense out of them (yeah, right!). And to my knowledge there is no definitive opinion from ATF on the subject either.  |
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