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10/16/2011 1:56:16 PM EDT
I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.

The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??
10/16/2011 5:45:36 PM EDT
[#1]
No one knows if this is legal?
10/16/2011 6:07:02 PM EDT
[#2]
what do you mean by "pistol"?





You can take a shotgun and remove the butt stock and place a pistol grip on it. As long as you maintain the 26" OAL and 18" barrel length. There is no reason to transfer it as OTHER.





If you are talking about making an AOW, then the receiver must NEVER have had a butt stock attached to it. Transferring it as OTHER makes no difference, if it had a butt stock it must be registered as a SBS.





This is federal law, state law maybe be different.
A shotgun must be one of the three....



1. Shotgun with OAL 26" and barrel length of 18"



2. short barreled shotgun



3. AOW



There is no "pistol" catergory for a shotgun.
 
10/16/2011 6:09:48 PM EDT
[#3]
It is not legal to do so.

If the receiver started out as a pistol, however, recent ATF rulings allows for switching between a rifle and pistol configuration, but all NFA rules must be observed to prevent an SBR configuration.
10/17/2011 3:09:54 AM EDT
[#4]



Quoted:


what do you mean by "pistol"?



You can take a shotgun and remove the butt stock and place a pistol grip on it. As long as you maintain the 26" OAL and 18" barrel length. There is no reason to transfer it as OTHER.



If you are talking about making an AOW, then the receiver must NEVER have had a butt stock attached to it. Transferring it as OTHER makes no difference, if it had a butt stock it must be registered as a SBS.



This is federal law, state law maybe be different.



A shotgun must be one of the three....



1. Shotgun with OAL 26" and barrel length of 18"



2. short barreled shotgun



3. AOW



There is no "pistol" catergory for a shotgun.

 


What I mean by pistol is a normal AR 7.5" Barrel pistol. He told me that as a FFL it was legal for him to take a complete AR15 rifle and remove the buttstock then transfer it to me as a other which would allow me to legally build it as a pistol. As far as a shotgun, he said that he took the buttstock off of a factory shotgun and installed a pistol grip he must transfer it as other.





 
10/17/2011 6:48:46 AM EDT
[#5]
He's some what wrong/correct.  His bound book must match his 4473 and inventory.  If he's modifing AR's into pistols on a regular basis that is called manufacturing and he will need the proper FFL for that.  As for the pistol gripped shotgun, I would check both "Long Gun" and "Other" as I read the instructions for #18.  I would also note why in section 30c.
Check all boxes that apply. "Other"
refers to frames, receivers and other firearms that arc not either handguns or
long guns (rifles or shotguns), such as fireanns having a pistol grip that expel
a shOlgun shell, or National Firearms Act (NFA) firearms.
If a frame or receiver can only be made into a long gun (rifle or shotgun), it is
still a frame or receiver not a handgun or long gun. However, they still arc
"firearms" by definition. and subject to the same GCA limitations as any other
firearms. See Section 92 I(a)(3)(b). 18 U.S.C. Section 922(b)(1) makes it
unlawful for a licensee to sell any firearm other than a shotgun or rifle to any
person undcr the age of 21. Since a frame or receiver for a firearm. to include
one rhat can only be made into a long gun, is a "firearm other than a shotgun
or riflc." it cannot be transferred to anyone under the age of 21, Also, note
that multiple sales forms arc not required for frames or receivers of any
firearms, or pistol grip shotguns, since they are not "pistols or revolvers"
under Section 923(g)(3)(a).
10/17/2011 10:11:09 AM EDT
[#6]
Quoted:
He's some what wrong/correct.  His bound book must match his 4473 and inventory.  If he's modifing AR's into pistols on a regular basis that is called manufacturing and he will need the proper FFL for that.  As for the pistol gripped shotgun, I would check both "Long Gun" and "Other" as I read the instructions for #18.  I would also note why in section 30c.
Check all boxes that apply. "Other"
refers to frames, receivers and other firearms that arc not either handguns or
long guns (rifles or shotguns), such as fireanns having a pistol grip that expel
a shOlgun shell, or National Firearms Act (NFA) firearms.
If a frame or receiver can only be made into a long gun (rifle or shotgun), it is
still a frame or receiver not a handgun or long gun. However, they still arc
"firearms" by definition. and subject to the same GCA limitations as any other
firearms. See Section 92 I(a)(3)(b). 18 U.S.C. Section 922(b)(1) makes it
unlawful for a licensee to sell any firearm other than a shotgun or rifle to any
person undcr the age of 21. Since a frame or receiver for a firearm. to include
one rhat can only be made into a long gun, is a "firearm other than a shotgun
or riflc." it cannot be transferred to anyone under the age of 21, Also, note
that multiple sales forms arc not required for frames or receivers of any
firearms, or pistol grip shotguns, since they are not "pistols or revolvers"
under Section 923(g)(3)(a).


Why would you check shotgun?  PG shotgun is considered an other on the 4437.  Also can't be transferred to anyone under 21.
10/18/2011 6:05:25 AM EDT
[#7]
Quoted:
Quoted:
He's some what wrong/correct.  His bound book must match his 4473 and inventory.  If he's modifing AR's into pistols on a regular basis that is called manufacturing and he will need the proper FFL for that.  As for the pistol gripped shotgun, I would check both "Long Gun" and "Other" as I read the instructions for #18.  I would also note why in section 30c.
Check all boxes that apply. "Other"
refers to frames, receivers and other firearms that arc not either handguns or
long guns (rifles or shotguns), such as fireanns having a pistol grip that expel
a shOlgun shell, or National Firearms Act (NFA) firearms.
If a frame or receiver can only be made into a long gun (rifle or shotgun), it is
still a frame or receiver not a handgun or long gun. However, they still arc
"firearms" by definition. and subject to the same GCA limitations as any other
firearms. See Section 92 I(a)(3)(b). 18 U.S.C. Section 922(b)(1) makes it
unlawful for a licensee to sell any firearm other than a shotgun or rifle to any
person undcr the age of 21. Since a frame or receiver for a firearm. to include
one rhat can only be made into a long gun, is a "firearm other than a shotgun
or riflc." it cannot be transferred to anyone under the age of 21, Also, note
that multiple sales forms arc not required for frames or receivers of any
firearms, or pistol grip shotguns, since they are not "pistols or revolvers"
under Section 923(g)(3)(a).


Why would you check shotgun?  PG shotgun is considered an other on the 4437.  Also can't be transferred to anyone under 21.


"Check all boxes that apply"  A shotgun with a pistol grip is still a long gun unless it is an SBS or AOW.
10/18/2011 6:24:52 AM EDT
[#8]



Quoted:




I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.

The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??


If he is doing it because you are under 21 and is trying to skirt the law, it is illegal.



If he is doing it because the stock is broken and a PG is the only repair part he has, it is legal.



A shotgun can not be re-built into a pistol, so it is moot.



 
10/18/2011 6:49:17 AM EDT
[#9]
Quoted:
"Check all boxes that apply"  

That means the dealer should check all that apply when a customer is being transferred both handgun and long gun or long gun and other firearm or any combination of the three...........it sure as heck doesn't mean the dealer gets to create a new type of firearm like "Handgun Long Gun".


A shotgun with a pistol grip is still a long gun unless it is an SBS or AOW.    

Uh........nope. Read the instructions to Question 18 on page 5 of the 4473.
ATF made the change on the 4473 in August 2008 that "firearms having a pistol grip that expel a shotgun shell" are to be recorded as "Other Firearms".
It has also been published in the FFL Newsletter from ATF.

You get caught selling a PGO to a nineteen year old you will lose your license. Only rifles and shotguns may be sold to those 18 or older.
10/18/2011 3:52:43 PM EDT
[#10]



Quoted:





Quoted:



I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.

The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??


If he is doing it because you are under 21 and is trying to skirt the law, it is illegal.



If he is doing it because the stock is broken and a PG is the only repair part he has, it is legal.



A shotgun can not be re-built into a pistol, so it is moot.

 


Maybe your all missing my question. Let me clarify:



FFL: Removing the stock of a shotgun changes the classification to "other" firearm.



ME: I think your slightly confused, simply removing the stock of a shotgun does not change the fact that it is a shotgun if it came from the factory with a stock, Just as removing the stock off an AR15 does not change it's classification it is still a rifle.



FFL: No, I'm not confused. The definition of a rifle or shotgun is that it is designed to be fired from the shoulder. Without the stock it does not meet that definition and as a FLL if I remove the stock I could not transfer it as long gun, it must be transfered as "other" and I could not sell it anyone under 21 because it is no longer a rifle or shotgun.



ME: So your telling me that you can take the stock off of an AR-15 and trasnfer it to me as "other" just like a stripped lower. And I could then take that "other" firearm and legally build it into a pistol.



FFL: Yes, because it is no longer a rifle by definition without a stock it can be built into a rifle or a pistol.





So, am I wrong in thinking that if it came from the factory as a rifle or shotgun it will remain a classified as such unless remade into a title2 firearm?



 
10/19/2011 5:58:00 AM EDT
[#11]
Quoted:

Quoted:

Quoted:

I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.
The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??

If he is doing it because you are under 21 and is trying to skirt the law, it is illegal.

If he is doing it because the stock is broken and a PG is the only repair part he has, it is legal.

A shotgun can not be re-built into a pistol, so it is moot.
 

Maybe your all missing my question. Let me clarify:

FFL: Removing the stock of a shotgun changes the classification to "other" firearm.

ME: I think your slightly confused, simply removing the stock of a shotgun does not change the fact that it is a shotgun if it came from the factory with a stock, Just as removing the stock off an AR15 does not change it's classification it is still a rifle.

FFL: No, I'm not confused. The definition of a rifle or shotgun is that it is designed to be fired from the shoulder. Without the stock it does not meet that definition and as a FLL if I remove the stock I could not transfer it as long gun, it must be transfered as "other" and I could not sell it anyone under 21 because it is no longer a rifle or shotgun.

ME: So your telling me that you can take the stock off of an AR-15 and trasnfer it to me as "other" just like a stripped lower. And I could then take that "other" firearm and legally build it into a pistol.

FFL: Yes, because it is no longer a rifle by definition without a stock it can be built into a rifle or a pistol.


So, am I wrong in thinking that if it came from the factory as a rifle or shotgun it will remain a classified as such unless remade into a title2 firearm?
 


I think the problem here is the way ATF has singled out shotguns with a pistol grip.

From what I can tell, and IANAL, the shotgun information is correct. But that is only becasue the ATF made a special set of rules for them. I think you are correct o nthe AR, that a rifle cannot be built into  a pistol. IIRC, the ATF did put out an opinion that the opposide (pistol to rifle and back) is ok, but im not sure.
10/19/2011 7:44:18 AM EDT
[#12]
Quoted:

Quoted:

Quoted:

I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.
The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??

If he is doing it because you are under 21 and is trying to skirt the law, it is illegal.

If he is doing it because the stock is broken and a PG is the only repair part he has, it is legal.

A shotgun can not be re-built into a pistol, so it is moot.
 

Maybe your all missing my question. Let me clarify:

FFL: Removing the stock of a shotgun changes the classification to "other" firearm.

ME: I think your slightly confused, simply removing the stock of a shotgun does not change the fact that it is a shotgun if it came from the factory with a stock, Just as removing the stock off an AR15 does not change it's classification it is still a rifle.

FFL: No, I'm not confused. The definition of a rifle or shotgun is that it is designed to be fired from the shoulder. Without the stock it does not meet that definition and as a FLL if I remove the stock I could not transfer it as long gun, it must be transfered as "other" and I could not sell it anyone under 21 because it is no longer a rifle or shotgun.

ME: So your telling me that you can take the stock off of an AR-15 and trasnfer it to me as "other" just like a stripped lower. And I could then take that "other" firearm and legally build it into a pistol.

FFL: Yes, because it is no longer a rifle by definition without a stock it can be built into a rifle or a pistol.


So, am I wrong in thinking that if it came from the factory as a rifle or shotgun it will remain a classified as such unless remade into a title2 firearm?
 




No, you are not wrong.   The factory determines what a firearm "IS"  based on the configuration that it leaves the factory in.   The only exception is a stripped  receiver that has never been assembled into a complete firearm.  The disposition of those receivers are "OTHER."    Removing the stock from a shotgun does not change it's status, period.   It left the factory as a shotgun  (long-gun) and it remains so unless changed by a maker, as in the case of an SBS.   AOW's CANNOT be made by individuals....they must be originally built by a manu as an AOW.
The FFL dealer from the "other" forum is incorrect.


10/19/2011 8:08:59 AM EDT
[#13]
Quoted:
.... AOW's CANNOT be made by individuals....they must be originally built by a manu as an AOW.

Sure they can.
Any new frame or receiver OR a "firearm with a pistol grip that expels a shotgun shell" can be built into an AOW as they are "Other firearms" (not long guns, not handguns).
$200 ATF "manufacturing" tax stamp is still required.
10/19/2011 9:32:37 AM EDT
[#14]
Alright, you got me there.   That "AOW" can't ever be transferred with a $5 stamp, which is commonly discussed as a feature of an AOW.   I should have been more clear.     With a $200 stamp, sure, you could make a pistol shotgun/AOW.
10/19/2011 10:35:55 AM EDT
[#15]
Quoted:
Alright, you got me there.   That "AOW" can't ever be transferred with a $5 stamp, which is commonly discussed as a feature of an AOW.   I should have been more clear.     With a $200 stamp, sure, you could make a pistol shotgun/AOW.


You could also send that "other" shotgun receiver off to a Class 2 who "makes" it into an AOW, and then transfers it back to you on a $5 stamp.
10/20/2011 8:16:09 AM EDT
[#16]
Quoted:
Quoted:
Alright, you got me there.   That "AOW" can't ever be transferred with a $5 stamp, which is commonly discussed as a feature of an AOW.   I should have been more clear.     With a $200 stamp, sure, you could make a pistol shotgun/AOW.


You could also send that "other" shotgun receiver off to a Class 2 who "makes" it into an AOW, and then transfers it back to you on a $5 stamp.




Again, correct me if I am wrong but that "other" receiver you sent to a class 2 for "making" would have to be a new receiver, never having been a completed firearm, in order to be made into an AOW...correct?
10/20/2011 12:11:43 PM EDT
[#17]
Quoted:
Again, correct me if I am wrong but that "other" receiver you sent to a class 2 for "making" would have to be a new receiver, never having been a completed firearm, in order to be made into an AOW...correct?


Need not be new - just has to be "virgin" - i.e., never had a stock attached to it previously.
10/20/2011 6:27:05 PM EDT
[#18]



Quoted:





Quoted:




Quoted:



I was on the "other site" posting in reference to firearms such as the pistolgrip shotgun, Franklin Arms XO-26 and the like.

The mod of the forum, who is a FFL, stated (and we went back and forth about it) that it is legal for him as an FFL to remove the buttstock of a rifle or shotgun and transfer it to me as "other" on the 4473 so I could then build it into a pistol. I say he's lost his mind. What say you??


If he is doing it because you are under 21 and is trying to skirt the law, it is illegal.



If he is doing it because the stock is broken and a PG is the only repair part he has, it is legal.



A shotgun can not be re-built into a pistol, so it is moot.

 


Maybe your all missing my question. Let me clarify:



FFL: Removing the stock of a shotgun changes the classification to "other" firearm.



ME: I think your slightly confused, simply removing the stock of a shotgun does not change the fact that it is a shotgun if it came from the factory with a stock, Just as removing the stock off an AR15 does not change it's classification it is still a rifle.



FFL: No, I'm not confused. The definition of a rifle or shotgun is that it is designed to be fired from the shoulder. Without the stock it does not meet that definition and as a FLL if I remove the stock I could not transfer it as long gun, it must be transfered as "other" and I could not sell it anyone under 21 because it is no longer a rifle or shotgun.



ME: So your telling me that you can take the stock off of an AR-15 and trasnfer it to me as "other" just like a stripped lower. And I could then take that "other" firearm and legally build it into a pistol.



FFL: Yes, because it is no longer a rifle by definition without a stock it can be built into a rifle or a pistol.





So, am I wrong in thinking that if it came from the factory as a rifle or shotgun it will remain a classified as such unless remade into a title2 firearm?

 


He is correct about the shotgun, but incorrect about the AR-15 being built into a pistol.



Shotguns (like SBRs) are determined by the configuration they are in. They can move between shotgun and other. For example, you buy it as a a shotgun, later you put a PG on it. You trade it to an FFL for something else. The FFL enters it into his book as other, and if he sells, it goes out as other.



 
10/22/2011 6:32:35 AM EDT
[#19]



Quoted:






He is correct about the shotgun, but incorrect about the AR-15 being built into a pistol.



Shotguns (like SBRs) are determined by the configuration they are in. They can move between shotgun and other. For example, you buy it as a a shotgun, later you put a PG on it. You trade it to an FFL for something else. The FFL enters it into his book as other, and if he sells, it goes out as other.



 


Ok, I'll buy that. But how does that work with the ATF ruling regarding the barrel length of a PG shotgun is only taken into consideration as a part of the OAL? A PG shotgun could have a 14" or so barrel as long as the OAL is 26" or more.



If I bought a shotgun that someone sold to a dealer with a pistolgrip on it and cut the barrel down below 18" but kept the OAL greater then 26" wouldn't I, because the firearm left the factory as a stocked shotgun, be in possession of an illegal SBS? Even though it was sold to me from a FFL as a PG shotgun and I had no knowledge of the factory configuration the law would still classify at it as a SBS would it not?



 
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