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  • lunde
    Senior Member
    • Oct 2005
    • 1036

    AOW

    What's the skinny with regard to AOW shotguns in California? I have legally owned a Wilson Arms WP870 (Witness Protection 870) for over twenty years. It is built on a Remington 870 receiver, and has a 12-inch choked barrel. It is on a Form 4 with the $5 AOW stamp. I have been keeping it out-of-state. Anyway, it sounds like it is legal for me to keep it in-state. Of course, I would want to verify this with the Bureau of Firearms before doing so.
  • #2
    EBR Works
    Vendor/Retailer
    • Dec 2007
    • 10492

    Have you seen this thread?



    Check out our e-commerce site here:

    www.ebrworks.com

    Serving you from Prescott, AZ

    Comment

    • #3
      lunde
      Senior Member
      • Oct 2005
      • 1036

      If I am reading that correctly, it seems like California Penal Code 12020(b)(8) comes into play for my case.

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Yup, 12020(b)(8) provides an exemption to 12020 for federally-defined AOWs that are properly registered. Even though CA would consider it to be an SBS, a AOW registration would exempt you from it.

        BATF has approved AOW registration in CA for items just like yours.

        Now, federally, you don't need to get BATF permission to move your registered AOW across state lines with a http://www.atf.gov/forms/pdfs/f532020.pdf like you would with other NFA items, ATF will usually approve a 5320.20 on an AOW for a couple reasons; one, to update their records, and to give you paperwork showing that you are legal.

        If you were to write BOF, make sure you specify that it is a federally-defined and registered AOW that complies with 12020(b)(8) and that it would be exempt from all of 12020. Otherwise, you'll probably just get a letter saying that it would be considered an SBS in CA and illegal.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          lunde
          Senior Member
          • Oct 2005
          • 1036

          Thank you, Jack. I just drafted a letter that I plan to send to BOF on Monday. Do you mind taking a quick look at it?

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27621

            Ken...

            Please send a copy via PM to calgunner 'Oaklander' (attorney who is dealing with NFA trusts for AOWs) for comment/tweaks. We don't want the resultant reply from DOJ to end up a FUD letter not saying anything but somehow casting doubt.

            There are 6000+ AOWs in CA. Appears a ton of AOW 12ga are owned by retired deputy sheriffs. One Calgunner gunsmith regularly does AOWs from 'virgin' 870 receivers.

            12020(b)(8) completely removes the item from consideration as an SBS providing that it's reg'd as an NFA AOW.

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
            sigpic
            No postings of mine here, unless otherwise specifically noted, are
            to be construed as formal or informal positions of the Calguns.Net
            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
            employer. No posts of mine on Calguns are to be construed as
            legal advice, which can only be given by a lawyer.

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              +1 on Bill's advice to contact Oaklander.
              Jack



              Do you want an AOW or C&R SBS/SBR in CA?

              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

              Comment

              • #8
                xxG3xx
                Senior Member
                • Feb 2007
                • 1352

                Comment

                • #9
                  lunde
                  Senior Member
                  • Oct 2005
                  • 1036

                  I was wondering when someone would make such a request.

                  Here is a photo of a friend of mine holding my Wilson Arms WP870:



                  It was taken during one of my Prairie Dog Safaris in South Dakota.

                  Comment

                  • #10
                    xxG3xx
                    Senior Member
                    • Feb 2007
                    • 1352

                    very cool

                    Comment

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