Legal Question.

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  • Wolfwood

    Self Appointed Board Chauvinist
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    May 12, 2009
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    Ok so a rifle with an Unrifled barrel is an AOW right? $5 tax stamp IIRC.

    at that point it is no longer a rifle right? or even technically a firearm at all under the law.

    so could i take a rifle say... a .22 rifle, get an AOW stamp for it, slap an unrifled barrel on, or bore out the rifling, so it is now officially an AOW and not a rifle, then cut the barrel down to 5 inches and have a super inaccurate .22 AOW with a 5 inch barrel?
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    Wolfwood

    Self Appointed Board Chauvinist
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    May 12, 2009
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    nice.

    though im afraid of Manchurian Candidate style subliminal msgs from gov't handbooks
    :(

    i will jsut read it backwards....
     

    Texas1911

    TGT Addict
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    May 29, 2017
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    Austin, TX
    Ok so a rifle with an Unrifled barrel is an AOW right? $5 tax stamp IIRC.

    at that point it is no longer a rifle right? or even technically a firearm at all under the law.

    so could i take a rifle say... a .22 rifle, get an AOW stamp for it, slap an unrifled barrel on, or bore out the rifling, so it is now officially an AOW and not a rifle, then cut the barrel down to 5 inches and have a super inaccurate .22 AOW with a 5 inch barrel?

    An unrifled rifle is still a rifle. Winchester made Model 67 .22s with unrifled barrels for a few years.

    The unrifled aspect applies to pistols, this is to prevent people from making pistol grip shotguns with short barrels since a pistol grip shotgun is not a shotgun or long gun under ATF rules. That's why the Judge and Derringers in .410 have rifling, to avoid the AOW status.

    Now if you applied for an AOW stamp, cut the stock off, and unrifled the barrel while cutting it to 5" you'd be good. You'd just have a smoothbore pistol.
     

    SiVisPacem

    New Member
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    Jan 7, 2011
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    Austin ASAP
    Now if you applied for an AOW stamp, cut the stock off, and unrifled the barrel while cutting it to 5" you'd be good. You'd just have a smoothbore pistol.

    Actually, you'd just have an SBR with no rifling, it still wouldn't be an AOW. BATFE's stance is that once a rifle, it's always a rifle. So, if you took a rifle and lopped off the stock, it'd still be a rifle. It could never LEGALLY be considered a pistol. I know, it's convuluted and crazy, but that's BATFE for you.
     

    Texas1911

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    May 29, 2017
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    Actually, you'd just have an SBR with no rifling, it still wouldn't be an AOW. BATFE's stance is that once a rifle, it's always a rifle. So, if you took a rifle and lopped off the stock, it'd still be a rifle. It could never LEGALLY be considered a pistol. I know, it's convuluted and crazy, but that's BATFE for you.

    So if you took a Mossberg pistol grip and stocked combo, which could be construed as either a pistol-grip firearm or a shotgun, would you register it as an SBS with the pistol grip stock and a 10" barrel? Technically it would not be an SBS, as it is not meant to be fired from the shoulder.

    The failure here is the definitions say one thing, but the field office says another.
     
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