Aow-sbs laws


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DrewBegley
July 19, 2011, 08:18 PM
I've been seeing more and more AOWs at the gunshow and still haven't asked any questions about the firearms. What are the laws pertaining to buying, owning and firing an AOW type shotgun?

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oneounceload
July 19, 2011, 08:45 PM
AOW require a $5 tax stamp along with the proper Federal paperwork. Some states and locales may have further restrictions.

It is NOT a shotgun, it is an AOW - Any Other Weapon - by definition. This is different than a Short Barrel Shotgun

A Serbu Shorty is an AOW as they start out with a PGO shotgun and make it shorter. While there is the $200 NFA tax stamp, the transfer tax stamp is $5. That is different than buying a regular shotgun and cutting the barrels down below the 18" minimum

Quiet
July 20, 2011, 10:02 AM
AOWs and SBSs are Title 2 firearms, so all NFA rules apply to them.

It's a $200 tax stamp to make/transfer a SBS.
It's a $200 tax stamp to make an AOW and a $5 tax stamp to transfer an AOW.

If the shotgun ever had a shoulder stock attached to it, shortening the barrel length to under 18" and/or shortening the overall length to under 26", will make it a SBS.

If the "shotgun" never had a shoulder stock attached to it (factory pistol grip only "shotgun" or virgin reciever), shortening the barrel length to under 18" and/or shortening the overall length to under 26", will make it an AOW.

However, if you attach a shoulder stock to an AOW, then you just made the AOW into a SBS/SBR. Which would not be legal, unless you get a $200 tax stamp from making a SBR/SBS.

Sam1911
July 20, 2011, 10:12 AM
Just to add to what the others have said: If you're interested in buying either of these, the easiest route will be to go talk to a "Special Occupational Tax Class 03" FFL dealer who sells them He/she will walk you through the forms and explain what you need to provide, fill out, (if the dealer is local to you) which law-enforcement officials will sign off on your form, and so on.

Selling these guns is their job, they do it all the time, and they'll make sure you get through it with the least amount of fuss.

You can MAKE either of these (AOW or SBS) yourself, if you fill out a Form 1 (http://www.atf.gov/forms/download/atf-f-5320-1.pdf) and get it approved FIRST. But, if you aren't particularly handy or don't care to work through the application process on your own, paying a dealer might ease your road.

jmorris
July 21, 2011, 07:35 PM
It's a $200 tax stamp to make an AOW and a $5 tax stamp to transfer an AOW.

If the "shotgun" never had a shoulder stock attached to it (factory pistol grip only "shotgun" or virgin reciever), shortening the barrel length to under 18" and/or shortening the overall length to under 26", will make it an AOW.

It has been awhile from my last conversation with the NFA branch, I dropped the idea after I found it cost $200 either way to make one. If you turn a "shotgun" into a "super shorty" does it make it a SBS or AOW? If it is a SBS, can to do a max/min length (stocked/pistol grip) like an SBR with tele stock?

Sam1911
July 21, 2011, 09:26 PM
If it is registered as an SBS, you can put any (or no) stock on it you wish. $200 to make, $200 to transfer.

If it is registered as an AOW, NEVER put a stock on it (unless you re-register it as an SBS). AOWs are $200 to make but only $5 to transfer to someone else. Very limited utility in going that route, really, unless you're buying one new from a manufacturer of them and want to save the $195 on the transfer.

jmorris
July 23, 2011, 08:46 AM
Very limited utility in going that route, really, unless you're buying one new from a manufacturer of them and want to save the $195 on the transfer.

Kind of silly looking to save $195 on the transfer when paying $800 (+$5 tax) for a cut down $200 (+200 tax) shotgun.

I'll have to give them a call Monday on the lenght question. I still have a NIB 870 from years back and a year or so ago found a side folding stock I thought would be good for the project.

Sam1911
July 23, 2011, 10:13 AM
I'll have to give them a call Monday on the lenght question.? What length question?

If you're registering either as NFA Title II, all length issues disappear.

If you're NOT going the Title II route, any shotgun that has, or HAS HAD, a butt stock attached will have to stay >26" and with a barrel that is >18". (Folding stocks are measured in the extended position.)

If you're not going the Title II route and have an "Other Firearm" (PGO shotgun) that has never had a shoulder stock, you can go to any barrel length as long as the total package is over 26" long.

Calling the Tech Branch is probably of limited value. Considering that they change their minds from time to time, if they even give you an answer over the phone, it isn't worth nearly so much as having it in writing. Fortunately, we already have this stuff in writing.

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