AOW (Read 47778 times)

Aegis808

Re: AOW
« Reply #100 on: May 12, 2014, 01:40:11 PM »
Sorry folks... anything that is 12 gage is a shotgun. pistols can only be in 410. and all shotguns have to be at least 27 inches overall with a barrel of at least 18 inches. short barreled shot guns can only be registered by a Law enforcement or Government agency. not an individual. I have brought in SBS's before for the coast guard (line launcher) had to be registered to the agency by a representative of the agency. Anyone that walks in to HPD with a class III or AOW will get arrested. If you have any questions call Aldo at the local ATF office. I have done that many of times in the last 20 years. they will take your question and get back to you in a couple of days. That's my GOOD ADVICE!

the ATF already has a ruling on this and it has stated that a 12ga firearm that has at least an overall length of 26 inches is not considered an AOW. because the firearm has never had a stock attached to it, it is not considered a shotgun by the ATF, placing it in a other category much like a stripped lower.

Q

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« Reply #101 on: May 12, 2014, 01:58:45 PM »
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« Last Edit: December 14, 2016, 03:45:39 PM by Q »

Aegis808

Re: AOW
« Reply #102 on: May 12, 2014, 02:18:47 PM »
Nope.

The weapon was never originally classified as a shotgun, so it is not considered an SBS. In order to be considered an SBS, it must be first created as a shotgun, and then shortened.

That's why this is a $5 tax stamp and not a $200 one.

it we are talking about the same gun. the ATF agent here told me there is no tax at all.

suka

Re: AOW
« Reply #103 on: May 12, 2014, 02:44:09 PM »
build title one gun no tax

SOT build class 3 no tax

build any class 3 is $200 including AOW

transfer all class 3 is $200 except AOW

AOW transfers at $5


so have a SOT build a AOW and tranfer it to save $ instead of building it yourself.

suka

Re: AOW
« Reply #104 on: May 12, 2014, 02:56:11 PM »
it we are talking about the same gun. the ATF agent here told me there is no tax at all.

dont forget the 11% tax to help the animals

suka

Re: AOW
« Reply #105 on: May 12, 2014, 03:00:07 PM »
tex
certain tax paid AOW are just normal handgun in hawaii.  certain AOW may be brought over from the mainland
« Last Edit: May 15, 2014, 11:41:00 PM by suka »

eyeeatingfish

Re: AOW
« Reply #106 on: May 12, 2014, 07:23:48 PM »
I wonder what hawaii considers it?

Hawaii fails to define a shotgun.

eyeeatingfish

Re: AOW
« Reply #107 on: May 12, 2014, 07:24:37 PM »
more digging and here is the conclusion:
the 14.5 barreled shotgun with an oal of 26" is nither a "shotgun" nor an Aow. they are just a firearm.
perfectlly legal under HRS!!!!!!!!


The definition of a “shotgun” requires that it be “designed and intended to be fired from the shoulder…” Without a buttstock ever having been fitted to the receiver the firearms in question, cant be fired from the shoulder and are therefore never was "shotgun" . Hence, with a 14″ barrel, they can’t be considered short-barreled shotguns, as they aren’t "shotguns" to begin with.


firearms that have an OAL of 26″ can’t be defined as AOWs. That’s because the term “any other weapon” (AOW) means “any weapon or device capable of being concealed on the person…” And ATF maintains that to be concealed, the firearm needs to be shorter than 26″.

Where did you get that definition?

suka

Re: AOW
« Reply #108 on: May 12, 2014, 07:45:28 PM »
 26 USC 5845
« Last Edit: May 12, 2014, 08:02:18 PM by suka »

suka

Re: AOW
« Reply #109 on: May 15, 2014, 11:10:40 PM »
something i forgot to add

you can fly your AOW back or mail then
register them as normal pistols with HPD.
but retaining NFA status and features.


no atf 5320 required for interstate travel of AOW.

suka

Re: AOW
« Reply #110 on: May 15, 2014, 11:17:55 PM »
AOW and suppressors do not require form 5320.20

18USC 922(a)4

(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

Funtimes

Re: AOW
« Reply #111 on: May 18, 2014, 09:03:54 PM »
Sorry folks... anything that is 12 gage is a shotgun. pistols can only be in 410. and all shotguns have to be at least 27 inches overall with a barrel of at least 18 inches. short barreled shot guns can only be registered by a Law enforcement or Government agency. not an individual. I have brought in SBS's before for the coast guard (line launcher) had to be registered to the agency by a representative of the agency. Anyone that walks in to HPD with a class III or AOW will get arrested. If you have any questions call Aldo at the local ATF office. I have done that many of times in the last 20 years. they will take your question and get back to you in a couple of days. That's my GOOD ADVICE!

It takes way more characteristics than this to be a shotgun.  A flaregun pistol is not a shotgun.  There are also single shot pistols that shoot shotgun shells.  Not sure who the hell told you this - it's certainly not in state law.  Furthermore, HPD is not a rule making body.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

suka

Re: AOW
« Reply #112 on: May 18, 2014, 09:55:06 PM »
So Far
i seems cheaper to pay $200 tax on a  Form 1 than to buy from Serbu (super shorty).
Super shorty  price has gone up from $705


 FORM 1    PGO Firearm is about  $250 + $200 tax = $540
 FORM 4    SERBU Super Shorty $1100 + $5 tax + $55 SOT3 (ffl) = $1160






suka

Re: AOW
« Reply #113 on: May 18, 2014, 10:19:41 PM »
Where did you get that definition?

Senate Report  #1303 86th Congress (2nd session 1960)

&

26 U.S.C.  5845