A semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following features:
[list=1][*]an ammunition magazine that attaches to the pistol outside of the pistol grip.[/*]
[*]a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer.[/*]
[*]a shroud that is attached to, or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned.[/*]
[*]a manufactured weight of 50 ounces or more when the pistol is unloaded.[/*]
[*]a semiautomatic version of an automatic firearm.[/*][/list=1]
View Quote
Um, I respect Circuts but I see a forward handgrip as possibly being a pistol grip... perhaps I am wrong?
Here is the other story I was refering too...
ATF has made the decision that a handgun (but not a machine gun, since a machine gun is not also an AOW) with more than one hand grip at an angle to the bore is an AOW. This is based on the gun a) being concealable on the person, and b) not meeting the definition of a "pistol" in the regulations promulgated under the NFA, since they say a pistol has a single grip at an angle to the bore. However, 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 pistol does not make it an AOW. ATF does not regard the 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). The prosecution was dismissed at the request of the Government before any review of that determination by the trial judge.
View Quote
From [url]http://www-2.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/nfa_faq.txt[/url]
Also see [url]http://www.titleii.com/Bardwell/us_v_davis2.txt[/url] where it says...
24. The 9 millimeter and .22 caliber pistols seized by ATF were modified by adding an additional grip.
25. Title 26, United States Code Section 5845(e) defines "any other weapon" as: ... any weapon or device capable of being concealed from which a shot can be discharged through the energy of an explosion ... Such term shall not include a pistol or 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.
26. A "pistol" is defined in Section 5845 as 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). 27 CFR 178.11 (emphasis added).
27. Even after being modified with grips, the pistols are still "pistols" as defined above and not "any other weapon" as defined by 26 U.S.C. section 5845(e).
View Quote
Like I said, the ATF feels adding a second grip on a pistol makes for an AOW but there is some room to disagree! I would love to see somebody with more money than me take a new Glock with the accessory rail and register their Glock as an AOW with the ATF, then SUE the ATF for a tax refund claiming that it wasn't necessary to register the pistol as an AOW to allow the use of the vertical grip!
This is about the only way you will corner the ATF into proving their case and is very much like what T/C did regarding the Contender...
See: [url]http://www-2.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/thompson.txt[/url]
If anybody wants to try and understand the law, Bardwell had really put together a wealth of info that is both fun and a challange to try to apply!
[url]http://www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/index.html[/url]