AOW Shotgun

[Wnick308]

Can we still Form 1 for an AOW in California?

[FantomFox]

unless something changed in the past 2 years or so then sure, I got my eform 1 870 done back then. took 79 days but I heard it's down to a week now for some reason.

[itsmedude]

Can we still Form 1 for an AOW in California?

What are you thinking? I'm looking into it and may start soon.

[Tim padilla]

[BucDan]

Where does someone start and look?

[sigstroker]

Search the site? There are/were long, detailed threads on how to do it.

[Quiet]

Where does someone start and look?

Brief summary...

There are two methods of legally acquiring a BATFE approved Title 2 AOW in CA.


Option A. Transferring an existing CA legal Title 2 AOW.

Because of CA assault weapons laws and CA unsafe handgun laws, the AOW must not be considered an assault weapon and needs to be exempt from the CA Roster of Handguns Certified for Sale.

In order to not be considered an assault weapon...
If the AOW is semi-auto, then it needs to have a fixed 10 or less round magazine.

Because no AOW are listed on the CA Roster of Handguns Certified for Sale, all AOW are considered off-Roster handguns, so an exemption is needed for a CA FFL/SOT dealer to legally transfer it in CA.
^Qualifying exemptions:
A. Buyer is an eligible LEO.
B. The transfer is a PPT.
C. The transfer is from a non-resident immediate family member or spouse.
D. The AOW is a dimensionally compliant single-action revolver.
E. The AOW is a dimensionally compliant break-open single-shot pistol that has never been semi-auto.
F. The AOW is a dimensionally compliant bolt-action single-shot pistol that has never been semi-auto.

CA DOJ holds the stance that modifying a dimensionally compliant break-open single-shot pistol or dimensionally compliant bolt-action single-shot pistol into another handgun configuration makes the firearm into an illegal unsafe handgun. So, if the AOW was transferred as one of these types of pistols, then to remain CA legal it needs to remain configured as such.

There are not many CA FFL/SOT dealers in CA that know how to and are willing to transfer a Title 2 AOW in CA, so finding one that does is the most important first step.
After finding a CA FFL/SOT dealer that will transfer a Title 2 AOW and making arraignments with them:
1. Buy the AOW and have it delivered to the CA FFL/SOT dealer or buy the AOW from the CA FFL/SOT dealer.
2. Submit an ATF Form 4 to transfer an AOW ($5 tax stamp) to the BATFE NFA branch.
3. Wait for approval. The CA FFL/SOT dealer may charge a storage fee for the AOW during this time period.
4. Once approved, provide the proof (approved Form 4 with $5 tax stamp) to the CA FFL/SOT dealer.
5. CA FFL/SOT dealer will then transfer it (4473/DROS/waiting periods).
6. Enjoy your CA legal AOW.



Option B. Making a CA legal Title 2 AOW.

Because of Federal NFA laws, the host firearm must be a Title 1 Other or a Title 1 Handgun.
^ATF 4473 as "other" or "handgun".

Because of CA assault weapons laws, the AOW must not be considered an assault weapon.

In order to not be considered an assault weapon...
If the AOW is semi-auto, then it needs to have a fixed 10 or less round magazine.

CA unsafe handgun laws and CA generally prohibited weapons laws does not prohibit a firearm that is CA DROS'd as a "long gun, other" or "long gun, other, receiver" from being made into a BATFE approved Title 2 AOW.

CA DOJ holds the stance that modifying a dimensionally compliant break-open single-shot pistol or dimensionally compliant bolt-action single-shot pistol into another handgun configuration makes the firearm into an illegal unsafe handgun. So, if the host firearm was transferred as one of these types of pistols, then to remain CA legal as an AOW it needs to remain configured as such.

A pistol grip only "shotgun" is ATF 4473'd as "other" and CA DROS'd as "long gun, other".
A receiver is ATF 4473'd as "other" and CA DROS'd as "long gun, other, receiver".

1. After acquiring an eligible host firearm, submit an ATF Form 1 to make an AOW ($200 tax stamp) to the BATFE NFA branch.
2. Wait for approval.
3. Once approved, acquire the parts to make the host firearm into an AOW and make/configure it into a CA legal AOW.
^If you acquire the parts before you get approval, then you will be in violation of Federal NFA laws and CA SBR/SBS laws.
4. While the host firearm is being made into a CA legal AOW, engrave the firearm with your info (legal name, city, state).
5. Enjoy your CA legal AOW.

[BucDan]

Brief summary...

There are two methods of legally acquiring a BATFE approved Title 2 AOW in CA.


Option A. Transferring an existing CA legal Title 2 AOW.

Because of CA assault weapons laws and CA unsafe handgun laws, the AOW must not be considered an assault weapon and needs to be exempt from the CA Roster of Handguns Certified for Sale.

In order to not be considered an assault weapon...
If the AOW is semi-auto, then it needs to have a fixed 10 or less round magazine.

Because no AOW are listed on the CA Roster of Handguns Certified for Sale, all AOW are considered off-Roster handguns, so an exemption is needed for a CA FFL/SOT dealer to legally transfer it in CA.
^Qualifying exemptions:
A. Buyer is an eligible LEO.
B. The transfer is a PPT.
C. The transfer is from a non-resident immediate family member or spouse.
D. The AOW is a dimensionally compliant single-action revolver.
E. The AOW is a dimensionally compliant break-open single-shot pistol that has never been semi-auto.
F. The AOW is a dimensionally compliant bolt-action single-shot pistol that has never been semi-auto.

CA DOJ holds the stance that modifying a dimensionally compliant break-open single-shot pistol or dimensionally compliant bolt-action single-shot pistol into another handgun configuration makes the firearm into an illegal unsafe handgun. So, if the AOW was transferred as one of these types of pistols, then to remain CA legal it needs to remain configured as such.

There are not many CA FFL/SOT dealers in CA that know how to and are willing to transfer a Title 2 AOW in CA, so finding one that does is the most important first step.
After finding a CA FFL/SOT dealer that will transfer a Title 2 AOW and making arraignments with them:
1. Buy the AOW and have it delivered to the CA FFL/SOT dealer or buy the AOW from the CA FFL/SOT dealer.
2. Submit an ATF Form 4 to transfer an AOW ($5 tax stamp) to the BATFE NFA branch.
3. Wait for approval. The CA FFL/SOT dealer may charge a storage fee for the AOW during this time period.
4. Once approved, provide the proof (approved Form 4 with $5 tax stamp) to the CA FFL/SOT dealer.
5. CA FFL/SOT dealer will then transfer it (4473/DROS/waiting periods).
6. Enjoy your CA legal AOW.



Option B. Making a CA legal Title 2 AOW.

Because of Federal NFA laws, the host firearm must be a Title 1 Other or a Title 1 Handgun.
^ATF 4473 as "other" or "handgun".

Because of CA assault weapons laws, the AOW must not be considered an assault weapon.

In order to not be considered an assault weapon...
If the AOW is semi-auto, then it needs to have a fixed 10 or less round magazine.

CA unsafe handgun laws and CA generally prohibited weapons laws does not prohibit a firearm that is CA DROS'd as a "long gun, other" or "long gun, other, receiver" from being made into a BATFE approved Title 2 AOW.

CA DOJ holds the stance that modifying a dimensionally compliant break-open single-shot pistol or dimensionally compliant bolt-action single-shot pistol into another handgun configuration makes the firearm into an illegal unsafe handgun. So, if the host firearm was transferred as one of these types of pistols, then to remain CA legal as an AOW it needs to remain configured as such.

A pistol grip only "shotgun" is ATF 4473'd as "other" and CA DROS'd as "long gun, other".
A receiver is ATF 4473'd as "other" and CA DROS'd as "long gun, other, receiver".

1. After acquiring an eligible host firearm, submit an ATF Form 1 to make an AOW ($200 tax stamp) to the BATFE NFA branch.
2. Wait for approval.
3. Once approved, acquire the parts to make the host firearm into an AOW and make/configure it into a CA legal AOW.
^If you acquire the parts before you get approval, then you will be in violation of Federal NFA laws and CA SBR/SBS laws.
4. While the host firearm is being made into a CA legal AOW, engrave the firearm with your info (legal name, city, state).
5. Enjoy your CA legal AOW.

Sounds like you can buy a mossberg cruiser and then go through the paperwork and fee process, then parts. Hmmm.

[Wnick308]

I was able to pick up the host firearm now just need to find a shop to do the conversation.

Too bad Safety Harbor is no longer doing KEG12's any more.

[W.R.Buchanan]

What exactly does AOW stand for?

Randy

[Trapper]

Any other weapon

[Quiet]

What exactly does AOW stand for?

Any other weapon

The National Firearms Act of 1934 created two Titles of firearms.

Title 1 Firearms, which are not affected by the NFA, and Title 2 Firearms, which are affected by the NFA.

Title 1 Firearms are subdivided into four categories: Title 1 Handgun (pistol, revolver), Title 1 Rifle, Title 1 Shotgun, and Title 1 Other firearm.

Title 2 Firearms are subdivided into six categories: Title 2 Any Other Weapon (AOW), Title 2 Destructive Device (DD), Title 2 Machine Gun (MG), Title 2 Silencer, Title 2 Short Barreled Rifle (SBR), and Title 2 Short Barreled Shotgun (SBS).

In order to be legal under Federal laws, BATFE approval is required to make & possess or transfer & possess a Title 2 AOW.
Without BATFE approval; it is illegal (Federal felony) to make, transfer, or possess a Title 2 AOW.

Examples of Title 2 AOW...
A handgun with a smoothbore barrel.
A handgun with a vertical forward grip.
A firearm, that is not a handgun, that does not have a shoulder stock and has a less than 16" barrel length and less than 26" overall length.

[W.R.Buchanan]

Thanks for the Explanation. Luckily I have no interest in any weapon like that, but what constitutes a "Destructive Device?" They sound interesting?

Randy

[Quiet]

Thanks for the Explanation. Luckily I have no interest in any weapon like that, but what constitutes a "Destructive Device?" They sound interesting?

Federal legal definition of a Title 2 DD = 18 USC 921(a)(4), 26 USC 5845(f), and 27 CFR 479.11

CA legal definition of a "destructive device" = PC 16460

BATFE approval and CA DOJ approval is required in order to legally make & possess or transfer & possess a Title 2 DD in CA.
^CA DOJ approval consists of having a CA DOJ Dangerous Weapons Permit for Destructive Devices.



18 USC 92126 USC 584510, United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

27 CFR 479.11Destructive device.
(a) Any explosive, incendiary, or poison gas
(1) bomb,
(2) grenade,
(3) rocket having a propellent charge of more than 4 ounces,
(4) missile having an explosive or incendiary charge of more than one-quarter ounce,
(5) mine, or
(6) similar device;
(b) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes; and
(c) any combination of parts either designed or intended for use in converting any device into a destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army under 10 USC 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

Penal Code 16460

[W.R.Buchanan]

Thank you for that explanation as well. You are the one person on this site that can be depended on to give us the Total Picture on any Firearms Related Legality.

Thanks Randy