Loophole in the Sawn-off shotguns laws?

[Cutthroat209]

sorry if you guys already knew this...but I'm new to these forums and I wanted to know if you guys knew anything about this. I'm turning 18 in two weeks and I wanted to get a handgun but thats practically impossible so I was going to turn to a shotgun for home defense when I came across this.

"In addition, some firearms that would normally fall into the Short Barrel Shotgun (SBS) category are not SBS. A shotgun is legally defined as a shoulder mounted firearm that fires shot. Shotguns and shotgun receivers that have never had a buttstock of any type installed are not shotguns, as they cannot be shoulder mounted. Therefore, cutting one of these below the 18" barrel and/or 26" overall length cannot produce a SBS as the firearm was never a shotgun. The Bureau of Alcohol, Tobacco, Firearms, & Explosives recognizes these firearms as being a smooth bore handgun which is an Any Other Weapon (AOW). Unlike a SBS, an AOW only carries a $5.00 tax and can be moved interstate without Federal approval. However, to maintain its AOW status, one may generally not have a buttstock (making it a SBS) or a rifled slug barrel (making it a Destructive Device (DD); a handgun with a bore over 0.5"). Both SBS and DD require a $200.00 transfer tax and Federal approval to transport interstate." -Wikipedia.org

 

[kingjoey]

I believe you have to be 21 to buy an AOW. Was there a particular question you had about this or are you posting it for public knowledge?

 

[Cutthroat209]

i was just interested in it and I wondered whether anyone had any personal insight on this. So, 21 huh...well thats alright. I can wait three years . Thanx for the help.

P.S- where the heck could you buy a buttstockless shotgun anyways?

 

[serrano]

 

[Cutthroat209]

HOLY SMOKES!!!! WHAT THE HECK IS THAT? Looks like my worst nightmare come true

 

[Loucks]

Looks like a Serbu Super-Shorty. They're pricy, though.

Too bad you can't just buy stock/barrel-less receivers directly from the manufacturers. It'd be much cheaper to build your own.

 

[Aaryq]

So how does one get said AOW Tax Stamp on a nice little shotty like that?

 

[RyanM]

The manufacturing tax (Form 1) on an AOW is $200, just like a short-barreled shotgun. It's the transfer tax (Form 4) that is $5. I.e., making an AOW costs $200, buying one already made costs $5. Also, I believe you can file a Form 1 at age 18, or use a Form 4 to have a firearm transferred to you directly from a private individual living in your state. It's you have to be 21 in order to purchase an NFA weapon from a licensed dealer. It's basically like the laws on buying a pistol. You can get one in a private transaction (if your state permits that) at age 18.

If you want to make an AOW and only pay the $5 tax, the only thing you can do is wait until you're 21, buy a pistol grip only shotgun, give the shotgun to your local Class II manufacturer, have him chop the barrel down and register it himself (tax-free), then transfer it to you for the $5 tax. However, he'll probably want about a $100 transfer fee (it's a lot of paperwork!) plus money for parts and labor.

You're probably better off buying a pre-made AOW. Most of the major manufacturers make a 14" PGO shotgun. And there's always the Serbu Super Shorty. I'm getting one, but it's taking forever. The Form 3 (to get the gun from a dealer in Nebraska to my dealer in PA) was faxed into the BATF on November 16, and didn't even make it to the examiner's desk until Dec 31! And I'm still waiting for that to go through. The ATF really need to get their butts in gear. The Form 4 to transfer it to me will probably take 6 months, at this rate.

 

[Dave Markowitz]

P.S- where the heck could you buy a buttstockless shotgun anyways?

Mossberg Cruiser. Click the "More Models" link and it'll take you to a version with only a pistol grip stock.

They are neat but a shotgun with a butt is a lot more practical.

 

[TexasRifleman]

It costs $200 to make your own AOW too by the way, the 5$ is only for a transfer. If you want to make your own it's still $200.

Hardly a "loophole".

But as mentioned, you gotta be 21 anyway.

 

[EHCRain10]

but you can buy shotgun combos that come with a buttstock mounted and then at the same store by the pistol grip
yea you still have the longer barrel but at least youd have the pistol grip that you want.

 

[nalioth]

but you can buy shotgun combos that come with a buttstock mounted and then at the same store by the pistol grip
yea you still have the longer barrel but at least youd have the pistol grip that you want.

If you buy a shotgun with a buttstock, it can never be an "AOW". It has to be manufactured without a buttstock.

 

[squirrel sniper]

in VA atleast, you cant buy a pistol from a distibuter, but you can buy it from a private party.

 

[MAKster]

cuttthroat - Federal law says you have to be 21 to buy a handgun from a licensed dealer. If you are 18 you can buy a handgun in an individual-to-individual sale.

 

[Quiet]

At 18, a parent or grandparent can also gift you a handgun.

 

[precision40]

I already have 2 class 3 SBS's and am now considering building a Rem 1100 with a 14" barrel (Legally of course.)

IF I ever decide to sell it, the $200 transfer fee applies to the new buyer or is it a $5 fee since it was manufactured on a form 1?

I'm almost positive it's a $200 fee but haven't really been told (or read) different. True?

 

[RyanM]

SBSes transfer on a $200 stamp, AOWs transfer on a $5 stamp.

 

[357wheelgunner]

buttstockless

I don't know why but that word is still making me laugh...