Pen Gun Question

[thumbtack]

What Class of Firearms does a Pen Gun fall into?

I had a relative stop by this morning; he found a .410 Pen Gun in the garage of a deceased relative. I was thinking that these are Class III weapons but I wanted to be sure before I told him to throw it in the lake

 

[Third_Rail]

It depends. Does it have to fold down into a gun "shape" (half the pen down as a grip) to fire? If so, then it's a pistol.

If not, then I'm not sure.

 

[thumbtack]

It does not fold at all.

 

[Reno]

It might be an "Any Other Weapon" then.

Of course, I am not a lawyer and this advice is worth roughly what it cost you, maybe less.

 

[bob bowie]

Any chance it could be a tear gas pen gun, or the like? These were made in a bunch of odd configurations, and and are very often mistaken for real firearms.

 

[WhiteKnight]

I'm pretty sure they're AOWs (Any Other Weapons).

An A.O.W. is a weapon classification utilized by the B.A.T.F. to categorize and restrict those weapons that are not considered to be a rifle, pistol, or machinegun. An example of an A.O.W. is a short-barreled shotgun or a pen-gun. They are class III (NFA) items, and must be approved for transfer to individuals at the federal level (with a "form-4"). Cost to transfer= $5.00

 

[Scottmkiv]

I don't think I would want to fire a .410 pen gun. Seems like it would be pretty tough to keep a grip on.

 

[Jim K]

If it can fire a standard cartridge or shotgun shell (even if it were to blow up in the process) it is an "any other weapon" under the National Firearms Act; to be legally owned, it must have been registered on initial purchase or during the 1968 amnesty. If it is not registered, it is contraband and the owner should contact BATFE or the police for instructions on disposal. (Technically, the deep lake procedure is also illegal, so I don't recommend it, at least not in writing. But things do get lost accidentally, so if one should be passing a large body of water...)

If it cannot fire a standard cartridge and can only fire a special tear gas cartridge, it is legal to own with no registration required.

Jim

 

[Leatherneck]

Thumbtack,
Would it by chance be a survival flare pen gun? If so, not a firearm at all, I think.

TC
TFL Survivor