SBS Question

[pdsmith505]

I just submitted a Form 1 for my 870 and plan on putting a 14" barrel on it. But then I got to thinking...

With it registered as a SBS, am I free to swap between a stock and a pistol-grip-only?

Seems like with a pistol grip, it would fall under the AOW definition:

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;

With the stock, it would obviously be a SBS:

The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

(d) Shotgun
The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder...

Just curious about my options once the stamp comes back. I doubt I'd use a pistol-grip-only setup with any regularity, but if I had the option, it might be fun for show and tell.

 

[Swing]

With it registered as a SBS, am I free to swap between a stock and a pistol-grip-only?

Yes. It, presumably, started life as a stocked shotgun, so it is an SBS even with a pistol-grip. If it started life as a PGO shotgun and you register as it as an AOW, you cannot put a stock on it. If you are curious to read more, checkout the NFA Handbook, particularly pages 5 through 8.

Cheers.

 

[pjeski]

You'll notice that the definition of an sbs includes "a weapon made from a shotgun..."
This covers running your sbs without a stock. The only way it can be an AOW is if it never met the definition of a shotgun, short barreled or otherwise. PGOs can be AOWs. Shotguns can't.

 

[Theohazard]

A shotgun can only be classified as an AOW if it has never had a stock installed on it. So AOW shotguns have to be made from either bare receivers or from guns that came from the factory as pistol-grip shotguns.

So if you have a short barrel shotgun and remove the stock, it's still a short barrel shotgun. The ATF's definition of a short barrel shotgun is:

a shotgun having a barrel or barrels of less than 18 inches in length; a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

https://www.atf.gov/firearms/qa/what-firearms-are-regulated-under-nfa

Any shotgun or firearm made from a shotgun with a barrel less than 18" is a short barrel shotgun. The reason why AOW shotguns don't fall under this classification is because they're not considered to be shotguns and they can't ever be made from anything that was ever a shotgun. Remember, in order to make an AOW you need to start with either a bare receiver or a pistol-grip shotgun, and neither of those are legally shotguns.

EDIT: Oops, looks like I should've refreshed my browser before I replied; I didn't realize that people already beat me to it.

 

[pdsmith505]

That's kind of what I figured, much like the "once a rifle, always a rifle unless it was a pistol first" shuffle.

Except in this case, once a shotgun always a shotgun.

 

[entropy]

So I can go out and buy a Mossberg JIC, submit the form and $5 and have an AOW?

 

[Theohazard]

So I can go out and buy a Mossberg JIC, submit the form and $5 and have an AOW?

Yes, except the tax stamp would be $200. The tax stamp is $5 to transfer an AOW on a Form 4, but the tax stamp for making an AOW on a Form 1 is $200.

 

[entropy]

Gotcha. Thanks for the clarification.

 

[pjeski]

So I can go out and buy a Mossberg JIC, submit the form and $5 and have an AOW?

Yes, except the tax stamp would be $200. The tax stamp is $5 to transfer an AOW on a Form 4, but the tax stamp for making an AOW on a Form 1 is $200.

The way you would do that is take your parts to a SOT mfg. and have the AOW made and transferred for the $5 on a form 4, and pay whatever the SOT wants to charge.

 

[Theohazard]

True, though I guess it all depends what the SOT will charge for that. Most around here charge between $100 and $150, so at that point it all depends whether you want to do it yourself for a little more but you get to have your own info engraved on the receiver. As someone who has never done any Form 1s, I'd prefer having my info on it.

Though most of this is often pointless outside of WA where SBSs are usually legal: I'd much rather have an SBS than an AOW. If SBSs are ever legalized in this state, I'm turning my 590A1 AOW into an SBS so I can add a stock.

 

[Prince Yamato]

You can configure it however you'd like.

The AOW has 2 advantages of an SBS or SBR.

1) It's only a $5 stamp when transferred on a Form 4
2) You don't have to fill out a 5320.20 when you take it out of state.

 

[pdsmith505]

Yeah, but SBS's have stocks.

 

[dogtown tom]

Prince Yamato .....The AOW has 2 advantages of an SBS or SBR.

1) It's only a $5 stamp when transferred on a Form 4
2) You don't have to fill out a 5320.20 when you take it out of state.

And how many disadvantages?
The requirement for a Form 5320.20 is moot by simply changing the barrel on your 870.