MAGPUL AFG AK/AR Pistol LEGAL!

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N1GHTMAN

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Ok so I talked to a ATF agent at their D.C. Branch today. I was inquiring about what I need to do to put a VFG on an AK pistol. He gave me all the info needed and sent a AOW/SBR packet to my house so I would know exactly what needs to be done. I then asked about a Magpul AFG (angled foregrip) onto it instead. He did not know. He said I will get an official answer for you. He called back the next day and gave me the GREEN LIGHT for this grip saying its completely legal since it is not vertical and said that it wasnt that long ago the law said no to these grips. So Im excited for my grip to show up. I called Magpul next to see if they had the AFG2 in rubber overmold because i have the Hogue Ak grip to match. Somehow we got on the subject of it being a pistol and they told me not to do it. When I told them the news I got from ATF they got excited because they had been telling people not to do it because they never got a clear answer from the ATF. They asked me for contact info so they could verify and I gave them his work and cell number that he said to keep in case anyone says anything to me about it and tries to take my weapon. If you dont beleive me do a little research make some calls and you will see it is in fact Legal. I have read so many blogs and people not knowing the answer it was driving me crazy. The ATF rep agreed with me on the fact that these should even be classifed as pistols because i would like to see the guy that voluntarily holds up a fully loaded ak with one hand and is serious. Also why is it OK to put a scope on a pistol but not a grip. He told me some of these laws date back to the 30's and have to go through congress to change so dont expect anything to change soon. :fire:
 
Cool, but I'd like to see it written before I rush out and make modifications based on one statement over the phone. It just feels less-than official at the moment.
 
AFG pistol

Well you can go ahead and wait if you want to but my MOE AFG will be here tomorrow. Im glad this letter was posted for you that think this ATF rep would lie to me. Or me lie to you. oh well like i said he told me to keeps his numbers handy in case someone is misinformed.
 
If you dont beleive me do a little research make some calls and you will see it is in fact Legal.

We usually like to wait for someone to publish an official leter/ruling (something like Sam Cade posted) here. Really, hearing you say it is legal holds the same weight to us as those other guys saying it is illegal, except there HAVE been official letters stating that fact and there are many more of them than there are of you. Not meant as confrontational, but just saying that to us, you're just another guy "from the internet" :D

The ATF rep agreed with me on the fact that these should even be classifed as pistols because i would like to see the guy that voluntarily holds up a fully loaded ak with one hand and is serious.

What would you prefer them to be classified as? SBRs? That's the only other option if they aren't pistols, they're too short to be anything else; and then there would be a $200 tax and a good bit more paperwork with it. How many companies would be making AK rifles with really short gas systems if each required a tax stamp? Not nearly as many as there are now. Title 1 firearms are much easier to transfer and market than Title 2.

He told me some of these laws date back to the 30's and have to go through congress to change so dont expect anything to change soon

That would be the National Firearms Act of 1934. That's a whole nother thread in and of itself, but in summary it basically provides the ground rules for regulated and non-regulated (or "less regulated") firearms in the US. It sets up the division between Title 1 (normal rifles, shotguns and pistols) and Title 2 (MGs, SBRs, SBS, Destructive Devices, AOWs etc.)

Its some interesting reading. If you want the full version, its under Title 18 US Code, Section 922. There's also a bit of interesting politics behind it. For example, the original draft of the NFA included Pistols in he registered category (just as with MGs) and the SBR/SBS was introduced so that people couldn't legally cut down rifle or shotgun and have something approaching the functionality of a pistol. In the end, pistols were dropped from the legislation, but the SBR/SBS laws were kept for some reason.



And its not that we think you're lying or that the ATF agent is lying, its that we don't have proof that would be admissible in court. Are you willing to bet 10 years in Fed. prison and $250,000 and the ability to possess ANY firearm in the future on what someone said to you over the phone (or the internet even)? Were you recording that call?

[He] said that it wasnt that long ago the law said no to these grips.

The Law didn't say that, the ATF's own interpretation of the law said that. Which means they can change their own view on something and then prosecute people for not being in compliance should they ever want to :rolleyes:.

Also, individual ATF agents have been known to have been "mistaken" or recant their comments on legality in the past which leaves the people relying on their "expertise" out in the cold as far as legal defenses go. They've even been known to change their official positions multiple times through different letters. You're free to take a guy's word for it, but please understand that some of us are not willing to bet the rest of our lives on what some guy on a web forum said.

Also, if Congress starts playing with NFA/GCA laws again, I think they'll probably change it to the point of the original intent of the tax of "there's no way a normal person could afford that!" The $200 is written into the code, so it has been that expensive since 1934. Anybody want to guess what that would be today when adjusted for inflation? Personally I'd just rather stick with what we have, or start strictly repealing stuff. If you go in line by line and start changing stuff, you'll have a lot more hoops to jump through than you do now.
 
I'd rather pay $4k for a select fire AR/M16 than $20k

Oh no, that's just the TAX. You'll still have to pay the current market value of the gun. Opening up the machine gun registry is a completely different issue. So instead of paying $20,000 + 200, you would be paying $20,000 + 3,221.87

Though to be perfectly honest, I wish they'd open up the registry. I have a friend who bought a select fire M16 in the 80's and he's just astounded that it is worth so much now. He said it was only $100 or so more than the semi version (excluding tax and the transfer and everything). Oh what I'd give to be able to spend just a few hundred dollars more to get a select fire rifle straight from the factory...
 
I was just pointing out how if tax was scaled with inflation and the registry had remained open how much we would be paying for stuff.

Yeah, that would be really nice...

I'm of the opinion that the original intent of the NFA was to completely criminalize the possession of machine guns and the other weapons under the Title 2 classification. Considering that to the average working family, the $200 was more than several months wages, and the fact that not ONE MG was registered the year the laws went into effect, I think its pretty safe to say it was meant to be a pure prohibition, just under the legitimacy of the commerce/taxing clauses (back when congress cared about that stuff).
 
Ok you have some very valid points. I am to you nothing but a stranger. I realize that just because I posted that, everyone wanst going to run out and get one. Im just saying I have seen so many post talking about it and I wanted to share the info I received. I knew people would tell me that Im wrong so its ok. I have his email address and will request some sort of approval in writing and just keep it with my AK. As far as my complaints on the classification is that if you can do things to your weapons with proper paperwork, than why jump through hoops to do it. Like I said a scope is ok but a grip is just criminal? I understand regulations on machine guns and explosives. but what is the big difference between a full size ak and a pistol? Nothing really. Besides why does it cost me $200 dollars for me to put a grip on when it only cost 5 if the manufacturer does it for me. Im not sure so dont quote me but ive seen online $275 AOW shotguns and have a hard time thinking they would sell a $300 gun plus the 200 tax stamp for less than 3. So Im not sure they have to pay as much as I would to do the same thing. Obviously just being another "Intenet schmuck" I could be wrong im just saying.
 
I'm not saying you're an "internet schmuck" I'm just saying that on the internet, unless you decide to show your identity and your qualifications (FFL/SOT, Lawyer etc) you can be anyone and thus you won't get the credibility that would go along with your name should you use it. That's the price we all pay for relative anonymity.

As far as my complaints on the classification is that if you can do things to your weapons with proper paperwork, than why jump through hoops to do it.

I'm not sure I follow you. The hoops are the paperwork and taxes...

why does it cost me $200 dollars for me to put a grip on when it only cost 5 if the manufacturer does it for me

The NFA provides that AOWs (All Other Weapons regulated by the NFA other than the specific classes like MGs, SBR/SBS, DDs, etc.) have a $5 transfer fee, but a $200 manufacturing fee (which is why it is always better to manufacture a gun as a SBR as opposed to an AOW, you can have both a VFG and a stock with the SBR).

However the firearm manufacturers (the factory, if you will) are FFL holders and Special Occupational Tax payers. This SOT allows them to pay one fee (IIRC a few grand a year) and they are allowed to produce and transfer any number of regulated weapons. This keeps companies like suppressor manufactures from having to pay $200 for each can they make, and then having to do another $200 transfer to the buyer.
 
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Ok so I received the written confirmation from the ATF if anyone is interested in seeing it feel free to email me @
[email protected]
I will be more than happy to foward the PDF file to you with our conversation.
So I will say again this time with even more confidence
AFG on PISTOL LEGAL!
I fowarded this email to Magpul as well.
 
I thought I recalled a letter about this, but I couldn't remember if it allowed or denied the application. I was only trying to urge some caution before everyone thought a post on the internet was factual legal precedent. At least we have a few letters to back it up. That's good. We all know that the ATF has a record of changing its position with regard to the interpretations they declare in these letters, and of course they are on record stating that they will not hesitate to flat out lie in order to apprehend and confiscate. They make up laws that aren't written and execute enforcement of them. They impress upon their agents to "always think forfeiture" of suspect assets. It took almost a quarter century, but the ATF has just recently decided to abide by the 1988 Supreme Court ruling on the Thomson Center v. US case about carbine kits. I'll keep them at arm's length, but I'm glad to hear that the AFG is officially legal to mount onto handguns.
 
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Sam Cade:
I'm surprised that there are people who didn't know this since the first ATF letters saying it was OK came down the pipe over a year ago.

Really? your suprised that there are still people on the internet who dont know things? Oh if we were all as smart as you!

Why? Do you think they don't know?

Yes they didnt know. I was contacted by a rep who wanted to know which agent and which branch along with contact info because up until that point Magpul themselves told me they were telling customers that they never got a clear answer from the ATF and were recommending against an AFG on a pistol. But what do I know right. There you go again assuming everyone knows what you know.

Why dont you just consider different possibilities of a situation or conversation besides just what you expect and you wouldnt seem like such a condescending arrogant person lurking around posts ready to pounce on people who arent up to your standards of knowledge that they should have aquired by now. :cool:

To everyone else thanks for all the info on this post. I am still sending out about 1-2 copies a month of people who come across guys like Sam Cade who are so dead certain they know the truth, that the people emailing me are evein saying they have had them taken from them when in fact it is legal. Im just trying to help out the little guys like me who just want to have cool toys and not have them taken away.

To Telekenesis: I may be another "guy from the Internet" but I sure as **** dont look like him! haha!
 
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Yes they didnt know. I was contacted by a rep who wanted to know which agent and which branch along with contact info because up until that point Magpul themselves told me they were telling customers that they never got a clear answer from the ATF and were recommending against an AFG on a pistol. But what do I know right. There you go again assuming everyone knows what you know.

That is pretty funny since MagPul was telling folks (like me) it was kosher since late 2010. The person at MagPul actually sent ME a link to the ATF tech branch letter.



Also, thanks for your rude cursing PM you sent me. Classy.:scrutiny:
 
That is pretty funny since MagPul was telling folks (like me) it was kosher since late 2010. The person at MagPul actually sent ME a link to the ATF tech branch letter.

Well not to say your lying because that very well may be true. Also Not that I have anything to prove to you and not like you care enough to see but I do have the emails from Magpul discussing this and them not knowing. This was back in July. Besides why would I make this up? It doesnt make me feel superior to anyone one THR by having pointless lies posted to what I was hoping to be just an informative post for anyone who didnt know. My intentions were not to get in an arguement with someone who also knows its legal. I do apologize for My PM that I sent you I was a little irritated after reading your post. It was uncalled for.
Have a good one Sam..

If you would like to see more guns and accessories check out my PhotoBucket
Just search N1GHTMAN13.
I have added my new SA-XD40
My LMT 5.56
and My buddies AK that I built for him..
 
Uh.... I didn't know (until this thread) thanks :)

Still haven't decided if I'm gonna half @z it with an AFG or just pony up the 2 bilz so I can do wtvr I want to the gun tho.
 
Please note that it's much easier to read a post if you space it out a little instead of posting a wall of text. You are also more likely to get replies.

Anyways, it's really only legal until someone gets busted with one on their "handgun".

At that point, the BATFE will reinterpret the law as they see fit in order to ensure a conviction.

Federal law, as written, doesn't state "Magpul whatever forward grips are lawful to install on pistols and pistol versions of rifles". Instead, we get some long obsolete nonsense written in 1934 about firing with one hand and something about a grip at an angle to the bore, and the BATFE gets to interpret that however they feel will result in a conviction.

It appears to be legal for now, but we can't say that it will be legal tomorrow, and I personally would error on the side of caution since that tends to result in less federal prison time.
 
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