Author Topic: NFA rules  (Read 8695 times)

0 Members and 1 Guest are viewing this topic.

Offline Marty

  • MOC Member
  • *
  • Posts: 22
  • First Name (Displayed): Marty
NFA rules
« on: January 24, 2013, 05:38:32 PM »
     I would like to purchase an extended front grip for my GSG5 PK but this accessory comes with a purchase warning label….  ( WARNING ALL NFA RULES APPLY. YOU MUST HAVE A SBR OR A AOW TO PUT THIS ON YOUR GSGPK5).   What does all this actually mean?  Thanks,  Marty

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #1 on: January 24, 2013, 06:25:23 PM »
Vertical foregrips are not allowed on pistols.  However, an angled foregrip is.

SBR (short barreled rifle) or AOW (any other weapon) is defined and regulated by NFA (National Firearms Act).  NFA also regulates full auto weapons.  So, unless you want to register it and get a $200 tax stamp...

What they are saying is it is illegal to put that on your gun without registering it as an SBR or AOW.  But like I said, you can use an angled foregrip.

Here, I even found a video that explains it for you.


Offline Marty

  • MOC Member
  • *
  • Posts: 22
  • First Name (Displayed): Marty
Re: NFA rules
« Reply #2 on: January 24, 2013, 07:49:22 PM »
Thanks for the reply.  That explains it clearly. 

Marty

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #3 on: January 24, 2013, 08:34:05 PM »
The entire thing is stupid, but it is based on the premise that a pistol is a firearm designed to be shot with one had, and if you put a vertical fore grip on it that changes it into a firearm that is designed to be shot using two hands, therefore it is no longer a pistol and becomes an AOW.

Dumb, huh?

And as the video explains, if you put a shoulder stock on it, it becomes a rifle.  But, because it has a short barrel, it becomes an SBR, and those are regulated, just like full autos and AOWs.

Offline Hammurabi

  • Posts: 91
Re: NFA rules
« Reply #4 on: January 25, 2013, 10:18:16 AM »
If the term "any other weapon" "shall not include a pistol or a revolver having a rifled bore, or rifled bores..." and the GSG5 PK is "A weapon originally designed, made, and intended to fire a projectile from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s)," I don't see how a reasonably literate person can arrive at the conclusion that adding a forward grip to a pistol makes an AOW.

ATF's claim seems to be that adding the forward grip causes the firearm to no longer be "held in one hand" and therefore no longer a pistol. I think they're wrong, but I don't expect that to stop them from acting on it. The firearm may be re-purposed, but that cannot change what it was "originally designed, made, and intended" to be or do, which is what the definition of "pistol" refers to.

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #5 on: January 25, 2013, 04:02:50 PM »
I don't see how a reasonably literate person can arrive at the conclusion that adding a forward grip to a pistol makes an AOW.
This is their reasoning, as explained in this letter from the ATF to Franklin Armory.



http://www.franklinarmory.com/XO-26_Letter__c_.pdf

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #6 on: January 25, 2013, 04:13:18 PM »
Moar!

This is supposed to be from the ATF handbook.


Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #7 on: January 25, 2013, 04:25:57 PM »
Still moar!  ATF press release.



U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives

Washington, DC 20226

May 4, 2006

Adding a Vertical Fore Grip to a Handgun

“Handgun” is defined under Federal law to mean, in part, a firearm which has a short stock and is designed to be held and fired by the use of a single hand…. Gun Control Act of 1968, 18 U.S.C. § 921(a)(29).

Under an implementing regulation of the National Firearms Act (NFA), 27 C.F.R. § 479.11, “pistol” is defined as:

… a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

The NFA further defines the term “any other weapon” (AOW) as:

… 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, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. 26 U.S.C. § 5845(e).

ATF has long held that by installing a vertical fore grip on a handgun, the handgun is no longer designed to be held and fired by the use of a single hand. Therefore, if individuals install a vertical fore grip on a handgun, they are “making” a firearm requiring registration with ATF’s NFA Branch. Making an unregistered “AOW” is punishable by a fine and 10 years’ imprisonment. Additionally, possession of an unregistered “AOW” is also punishable by fine and 10 years’ imprisonment.

To lawfully add a vertical fore grip to a handgun, a person must make an appropriate application on ATF Form 1, “Application to Make and Register a Firearm.” The applicant must submit the completed form, along with a fingerprint card bearing the applicant’s fingerprints; a photograph; and $200.00. The application will be reviewed by the NFA Branch. If the applicant is not prohibited from possessing a firearm under Federal, State, or local law, and possession of an “AOW” is not prohibited in the applicant’s State of residence, the form will be approved. Only then may the person add a vertical fore grip to the designated handgun.

A person may also send the handgun to a person licensed to manufacture NFA weapons. The manufacturer will install the fore grip on the firearm and register the firearm on an ATF Form 2. The manufacturer can then transfer the firearm back to the individual on an ATF Form 4, which results in a $5.00 transfer tax. If the manufacturer is out of State, the NFA Branch will need a clarification letter submitted with the ATF Form 4 so that the NFA Branch Examiner will know the circumstances of the transfer. Questions can be directed to the NFA Branch or the Firearms Technology Branch.
 

http://www.atf.gov/press/releases/2006/04/041006-openletter-nfa-adding-vertical-fore-grip.html

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: NFA rules
« Reply #8 on: January 25, 2013, 05:21:24 PM »
And finally, an ATF letter stating that Angled Fore Grips (AFG) are allowed on pistols, whereas Vertical Fore Grips (VFG) are not.

https://docs.google.com/file/d/0B0qyloA48O3XZWFjYjMwYTMtYTg1MC00NzVhLWI3NmMtZDRiNTMzNzdhMzUx/edit?hl=en