Saturday, August 07, 2010
If a gun has rifled barrel(s) of less than 16", and it has never had a shoulder stock it would be a pistol, unless it either has no grip at an angle to the bore, or if it has more than one grip. ATF has made the questionable decision that a handgun with more than one grip is an AOW. This is based on the gun a) being concealable on the person, and b) not meeting the definition of a "pistol" in the regulations promulgated under the NFA, since they say a pistol has a single grip at an angle to the bore. However, at least one federal court has decided that if the grip is added later, the gun is not "originally designed" to be fired by holding in more than one grip, and thus putting a second grip on a pistol does not make it an AOW. Whether ATF will regard the decision as binding beyond that case is unknown, I would doubt it. The case is U.S. v. Davis, Crim No. 8:93-106 (S.C. 1993) (Report of Magistrate, June 21, 1993). By the same token in mid 1996, ATF decided that "wallet" holsters for small guns, from which the gun could be fired, somehow are AOW's. This would affect, for example, the North American Arms mini-revolver and the wallet holster NAA sold for the gun, as an accessory. ATF seems to be thinking that the grip has disappeared, and thus it fits into the first category. This strikes me as bizarre and stupid, and I suspect the courts will have their shot at it, given how common the wallet holsters are. What if you put the gun in a purse, from which it can be fired? A folded up newspaper? How are those different than a wallet holster?
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