AOW (Read 47807 times)

Darmok and Jalad @Tanagra

Re: AOW
« Reply #20 on: January 12, 2014, 03:01:31 AM »

Not mine,  but similar.

Well if its bad advise you'll missing the fun of actually being able to shoot legal AOWs in Hawaii. If you do enough homework and discussion with NFA lawyers, it's pretty nice how poorly the law is written. And yes i do have a lawyer to back me up if my AOW was confiscated .

Belt  guns are actually so rare they are classified as C&R by the BATF.


Maybe I'm missing something, but what, exactly, is the "fun" aspect of shooting this?  Is it that feeling of superiority you get knowing you added a grip to a Glock, and the COPs can't take it from you?

I'm confused...    ???
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

suka

Re: AOW
« Reply #21 on: January 12, 2014, 08:01:58 AM »
Yeap
 :thumbsup:
Its great to find loopholes in the laws. That's the fun part.

Darmok and Jalad @Tanagra

Re: AOW
« Reply #22 on: January 12, 2014, 09:27:45 AM »
Yeap
 :thumbsup:
Its great to find loopholes in the laws. That's the fun part.

Rather than make lawyers richer, I prefer to spend my cash on more productive endeavors:  firearms, accessories, ammo, cleaning supplies, cases, targets and frames, gas for the car, vacations to areas I can enjoy my guns, etc. 

Pushing the envelope of the legal system might give you a stiffie, but at some point in time you will more than likely have the item in question confiscated if it isn't registered until a judge hears your case.  You and your lawyer will have to appear in court, and you'll waste valuable time preparing ... all for a foregrip on a Glock? 

If the firearm in question all on its own were more "fun" (explosive, full-auto, 15+ round mag, sound suppressor, etc.), maybe I could see the point.  If it's purely a matter of principle, then there are PLENTY of other rights and firearms under attack by the anti-gunners to defend.  No need to invent another weapon to have to protect from a potential ban!

Just my opinion.  If this sort of "windmill jousting" trips your trigger, then have at it!

 :thumbsup:
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

suka

Re: AOW
« Reply #23 on: January 12, 2014, 09:33:05 AM »
Glock $500
Grip $40
ATF Transfer $5

Not too much money.

BUD

Re: AOW
« Reply #24 on: January 12, 2014, 09:40:56 AM »
 :popcorn: :popcorn: :popcorn:
It is what it is.

Darmok and Jalad @Tanagra

Re: AOW
« Reply #25 on: January 12, 2014, 09:45:48 AM »
Glock $500
Grip $40
ATF Transfer $5

Not too much money.

Add to that the risk of having the gun confiscated and charges brought for an unregistered handgun, and the cost of a lawyer to defend you and get the gun returned. 

Also, your earlier post breezed past the first step you listed:  "Buy on Mainland."  I believe the ATF requires a $200 NFA fee when the NFA item is manufactured/modified/purchased.  If simply "transferring" an NFA item for $5 circumvents the $200 permit fee, nobody would ever have to pay the $200.
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

BUD

Re: AOW
« Reply #26 on: January 12, 2014, 09:47:25 AM »
 :popcorn: :popcorn: :popcorn:
It is what it is.

Darmok and Jalad @Tanagra

Re: AOW
« Reply #27 on: January 12, 2014, 09:48:53 AM »
Quote
Q: How can an individual legally acquire NFA firearms?

    Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:

        By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.
        By obtaining prior approval from ATF to make NFA firearms.

    [27 CFR 479.62-66 and 479.84-86]

Q: What is the tax on making an NFA firearm?

    The tax is $200 for making any NFA firearm, including “any other weapon.”

Q: How is this tax paid?

    A money order or check made payable to the Bureau of ATF together with the application forms are to be mailed to the Bureau of ATF, NFA Branch.

http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#nfa-tax

So, also add the cost of the FFL, since you can't legally have the item transferred from the mainland to here without it.  $5 is not going to cover the FFL.
« Last Edit: January 12, 2014, 09:55:00 AM by Darmok and Jalad @Tanagra »
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

suka

Re: AOW
« Reply #28 on: January 12, 2014, 10:02:38 AM »
An SOT makes the AOW not the individual. SOT do not pay the normal $200 manufacture tax.
The SOT transfer the AOW to the end user for $5 tax stamp.
You can travel with a NFA under a 5320.20.


.    The tax for privately manufacturing any NFA firearm (other than machineguns, which are generally illegal to manufacture) is $200. Transferring requires a $200 tax for all NFA except AOW's, for which the transfer tax is $5 (although the manufacturing tax remains $200).

Dealers who pay a special yearly occupational tax are exempt from these taxes for transfers to or from other special occupational tax (SOT)

suka

Re: AOW
« Reply #29 on: January 12, 2014, 10:07:34 AM »
Under HRS134.
AOW are not prohibited. Only machine guns , suppressor, SBR, sbs, assault pistols, etc.....

A Glock with a foregrip does not fall into any of those catagories.

The burden of proof beyond a reasonable doubt  can anyone prove that an pistol with a foregrip is prohibited under HRS?
« Last Edit: January 12, 2014, 10:15:07 AM by suka »

Tom

AOW
« Reply #30 on: January 12, 2014, 10:24:04 AM »
Suka is following the letter of the law.  Nothing wrong with that.  Why create a self-ban on a perfectly legal gun to own?   If he wants that gun, it's his right.  Remember, bill of rights not needs .
« Last Edit: January 12, 2014, 10:32:28 AM by Tom »
Tom
NRA Endowment Member

suka

Re: AOW
« Reply #31 on: January 12, 2014, 10:24:59 AM »
$5 NFA tax stamp




suka

Re: AOW
« Reply #32 on: January 12, 2014, 10:56:23 AM »
Here the process if you don't have dual residence in another state.

Get a lawyer to Set up a limited revokable trust with yourself as the only trustee. LEO in hawaii will not sign!

OGC is a class 3/SOT dealer. Which means they can manufacture the AOW in house or transfer one from a mainland SOT.

File your ATF paperwork

Wait 8 months

Register at HPD as a pistol. Wait 2 more weeks.

Darmok and Jalad @Tanagra

Re: AOW
« Reply #33 on: January 12, 2014, 11:14:49 AM »
Here the process if you don't have dual residence in another state.

Get a lawyer to Set up a limited revokable trust with yourself as the only trustee. LEO in hawaii will not sign!

OGC is a class 3/SOT dealer. Which means they can manufacture the AOW in house or transfer one from a mainland SOT.

File your ATF paperwork

Wait 8 months

Register at HPD as a pistol. Wait 2 more weeks.

I really hope this dialogue is helping somebody else. 

Short of being able to say, "Because I can!", I'm unable to see the real benefit of going this route for allowable NFA items here.  It looks to me like a lot of work for no real quantifiable, tangible payoff.

If, however, the Glock were a 1926 Tommy Gun, then I'd be all over this!!   :D
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Dblnaknak

Re: AOW
« Reply #34 on: January 12, 2014, 12:55:14 PM »
Here the process if you don't have dual residence in another state.

Get a lawyer to Set up a limited revokable trust with yourself as the only trustee. LEO in hawaii will not sign!

OGC is a class 3/SOT dealer. Which means they can manufacture the AOW in house or transfer one from a mainland SOT.

File your ATF paperwork

Wait 8 months

Register at HPD as a pistol. Wait 2 more weeks.

Ok, so you took the front grip off then registered as a normal glock pistol. After registering it you put the front grip back on and now you are claiming that you have a AOW in hawaii? If so that's fucking dumb. In reality you don't have a AOW registered in hawaii, with HPD, as a AOW.

suka

Re: AOW
« Reply #35 on: January 12, 2014, 01:20:35 PM »
HPD can only recognize it as a pistol regardless if its a NFA item. Any firearm not having a sixteen inch barrel (only) as defined by HRS is a pistol. Regardless of other features. ATF has a different definition for a handgun. Notice the two has different names to describe the same type of firearm  ; pistol and handgun.

HPD has only 2 classifications for civilians, long gun, pistol. DD and black powder gun do not require registration thus HPD does not have any classification for  these firearms.

A Glock with a foregrip is an AOW to the ATF, but is just another pistol to HPD. Slapping a foregrip on a pistol break NO HRS state laws but slapping a foregrip on a handgun without tax paid violates federal USC laws.

WCMTWS

Re: AOW
« Reply #36 on: January 12, 2014, 01:31:35 PM »
Non NFA...wonder if we've any separate laws pertaining to this..

Tom

Re: AOW
« Reply #37 on: January 12, 2014, 01:32:59 PM »
I really hope this dialogue is helping somebody else. 

Short of being able to say, "Because I can!", I'm unable to see the real benefit of going this route for allowable NFA items here.  It looks to me like a lot of work for no real quantifiable, tangible payoff.

If, however, the Glock were a 1926 Tommy Gun, then I'd be all over this!!   :D

Having started this thread, I can say it has helped me enormously.  There are other types of guns classified as AOW that I am interested in.  The fact that you would prefer a 1926 Tommy Gun to a Glock with a fore grip is a matter of taste and preference.    I think we can all agree it is shame that we can't procure a 1926 Tommy Gun here in Hawaii.

--tom
« Last Edit: January 12, 2014, 01:42:07 PM by Tom »
Tom
NRA Endowment Member

suka

Re: AOW
« Reply #38 on: January 12, 2014, 01:58:04 PM »
Tom, not all AOW are allowed in hawaii.
Most meet the criteria of an assault pistol, conceled weapon, or SBR. Which are nono under HRS.

Tom

Re: AOW
« Reply #39 on: January 12, 2014, 02:18:38 PM »
Tom, not all AOW are allowed in hawaii.
Most meet the criteria of an assault pistol, conceled weapon, or SBR. Which are nono under HRS.

Didn't see the statute regarding concealed weapons.   Does this include pen guns, cane guns, etc?   Can you point me to the statute? Do smoothbore pistols count as short barreled shotguns or pistols in Hawaii?

--tom

Tom
NRA Endowment Member