FFL Dealers...AOW Question

[speedsix]

...I saw a reference to AOW on a post and in parenthesis, (most commonly a pistol grip shotgun)...as long as a pistol grip shotgun meets the 18" barrel length and 26" overall length, it is not an AOW, correct??? (Title 26 USC Chapter 53 Subchapter B Part I-5845(a)....I know the Serbu and other specialty guns are AOW, but is a shotgun meeting barrel and overall length in (a)?...if the 26" in (a) is considered a non-concealable length, then (e) shouldn't apply just because it's a different style of stock, if it's 26"...or am I wrong???

[Rifleman55]

If you buy one in that configurarion it is listed on the 4473 as an AOW. Also you must be 21 years old to buy from a dealer.

[pbwalker]

If you buy one in that configurarion it is listed on the 4473 as an AOW. Also you must be 21 years old to buy from a dealer.

Which one are you talking about? The Serbu?

I purchased a Mossy 500 with a pistol grip and can tell you that it is NOT under the AOW category.

[speedsix]

...I've bought a couple in the last 20 years and they were not, either...but I've heard something about someone under 21 couldn't buy one...can find nothing in the 5300.4 to back that up...

[hirundo82]

This is a common point of confusion. ATF came out with a decision a few years ago that a pistol grip-only shotgun is not a shotgun because per the law a shotgun is designed to be fired from the shoulder. As long as it is over 26" long it is still a Title I firearm (doesn't require a tax stamp)--an AOW is by definition a concealable weapon, which the ATF interprets as those less than 26" long. This only applies to PGO shotguns that have never had a buttstock attached--once it has had one attached, it is forever a shotgun per ATF (not really an issue, but can come into play if you want to convert it to an NFA weapon).

It transfers on the 4473 as "Other Firearm" (same category as stripped lowers, which could become a rifle or pistol) and can only be sold by a FFLto those 21 and older, because those under 21 can only buy a long gun from a FFL.

ETA: The 18" barrel limit probably doesn't apply to PGO shotguns because the ATF considers it to not be a shotgun--as long as you keep the overall length above 26" it technically shouldn't shouldn't require a tax satmp as an AOW. Note that this is risky unless you are 100% certain that it has never had a buttstock--if you shorten the barrel of a used shotgun that you bought with a pistol grip but the ATF finds evidence the previous owner once attached a buttstock, you could be in deep doodoo for having an unregistered short barrel shotgun.

[rm9792]

If you buy one in that configurarion it is listed on the 4473 as an AOW. Also you must be 21 years old to buy from a dealer.

Since when? 26"long and 18" barrel is not a class III item.

[hirundo82]

If you buy one in that configurarion it is listed on the 4473 as an AOW. Also you must be 21 years old to buy from a dealer.

Since when? 26"long and 18" barrel is not a class III item.

"Other firearm" (4473 category)=Firearm that doesn't fit into either of the handgun or long gun categories but doesn't fall under the purview of the National Firearms Act; can't be sold by an FFL to an under-21 because it is not a rifle or shotgun

AOW (NFA category)=requires tax stamp; definition as below, but a defining characteristic is that it is "concealable" (ie less than 26").

26 USC § 5845. Definitions
(e) Any other weapon
The term “any other weapon” means 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 a 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.