macadore
Member
Would a Draco (an AK pistol) with the Magpul AFG2 Angled fore grip be an AOW and require a tax stamp? http://store.magpul.com/product/MAG414/88
jojo200517 said:The ATF website reads vertical fore grip everywhere I look, but who knows what they actually mean. You could write and ask, but of course they could change there mind tomorrow on it.
BATFE FAQ said:Q: Is it legal to attach a vertical fore grip to a handgun?
“Handgun” is defined under Federal law to mean, in part, “a firearm which has a short stock and is designed to be held and fired by the use of a single hand…” Gun Control Act of 1968, 18 U.S.C. § 921(a)(29).
Under an implementing regulation of the National Firearms Act (NFA), 27 C.F.R. § 479.11, “pistol” is defined 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).
The NFA further defines the term “any other weapon” (AOW) in 26 U.S.C. § 5845(e) as:
… 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 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.
ATF has long held that by installing a vertical fore grip on a handgun, the handgun is no longer designed to be held and fired by the use of a single hand. Therefore, if individuals install a vertical fore grip on a handgun, they are “making” a firearm requiring registration with ATF’s NFA Branch. Making an unregistered “AOW” is punishable by a fine and 10 years’ imprisonment. Additionally, possession of an unregistered “AOW” is also punishable by fine and 10 years’ imprisonment.
To lawfully add a vertical fore grip to a handgun, a person must make an appropriate application on ATF Form 1 (5320.1), “Application to Make and Register a Firearm.” The applicant must submit the completed form, along with a fingerprint card bearing the applicant’s fingerprints; a photograph; and $200.00. The application will be reviewed by the NFA Branch. If the applicant is not prohibited from possessing a firearm under Federal, State, or local law, and possession of an “AOW” is not prohibited in the applicant’s State of residence, the form will be approved. Only then may the person add a vertical fore grip to the designated handgun.
A person may also send the handgun to a person licensed to manufacture NFA weapons. The manufacturer will install the fore grip on the firearm and register the firearm on an ATF Form 2 (5320.2). The manufacturer can then transfer the firearm back to the individual on an ATF Form 4 (5320.4), which results in a $5.00 transfer tax. If the manufacturer is out of State, the NFA Branch will need a clarification letter submitted with the ATF Form 4 so that the NFA Branch Examiner will know the circumstances of the transfer. Questions can be directed to the NFA Branch or the Firearms Technology Branch.
This comes from the NFA definition of handgun being "a firearm which has a short stock and is designed to be held and fired by the use of a single hand." The ATF says that since adding a foregrip makes it into a firearm that is not designed to be fired with one hand it is no longer a handgun, and since it is a concealable firearm it must be an AOW.
It would be a short-barreled rifle (SBR) assuming barrel length was still under 16" and OAL was <26".lead slinger said:what if you had the ak pistol with a afg and a side folding stock what would that be ???
Zundfolge said:hirundo82 said:This comes from the NFA definition of handgun being "a firearm which has a short stock and is designed to be held and fired by the use of a single hand." The ATF says that since adding a foregrip makes it into a firearm that is not designed to be fired with one hand it is no longer a handgun, and since it is a concealable firearm it must be an AOW.
This is why I've always been surprised that AR and AK pistols are not already classified as an AOW (or worse an SBR in the case of ARs because of the buffer tube). Because clearly with ANY sort of foregrip (vertical, angled or the stock horizontal) would be there for a second hand and thus the gun is designed to be fired with two hands.
Its frankly kept me from buying one until I'm in the position to register it as an SBR and put a stock on it.
I agree with that, but the ATF isn't interested in logic or reason (if they were then the whole "sporting purpose" nonsense would go away).AR pistols are pretty obviously not SBRs because they aren't designed or redesigned to be fired from the shoulder; the buffer tube is there as part of the mechanism and isn't "designed" to be used as a stock. If some people try to use it as a stock, the manufacturer can say "But that's not how it is supposed to be used."
AFAIK...Zundfolge said:Seems to me that the buffer tubes with foam padding could be construed to be shoulder stocks by some anti gun bureaucrat at the BATFE.