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Any class 3's that transfer AOW's

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  • #16
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Yah, you can Form 1 your own at 18, the hard part is getting the base firearm at 18. Since an AOW can't be built on a rifle or shotgun, you either have to completely build your own from scratch since you can't buy a PGO shotgun or pistol until 21. Or have it intrafamilial transfered or something.
    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

    • #17
      Blue
      Calguns Addict
      • Oct 2005
      • 8070

      So what's the deal with the trust? I bet if I did some searching I'd find the info...I fondled m24's mini 870 today and it was freaking sweet.
      Lord, make my hand fast and accurate.
      Let my aim be true and my hand faster
      than those who would seek to destroy me.
      Grant me victory over my foes and those who wish to do harm to me and mine.
      Let not my last thought be 'If I only had my gun."
      And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
      sigpic
      NRA Member

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      • #18
        freakshow10mm
        Veteran Member
        • Jun 2008
        • 3061

        Originally posted by ke6guj
        Yah, you can Form 1 your own at 18, the hard part is getting the base firearm at 18. Since an AOW can't be built on a rifle or shotgun, you either have to completely build your own from scratch since you can't buy a PGO shotgun or pistol until 21. Or have it intrafamilial transfered or something.
        Yes you can build an AOW out of a shotgun with a factory pistol grip. Can you guys do a PPT for a shotgun of that type at 18yo?

        Comment

        • #19
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by Blue
          So what's the deal with the trust? I bet if I did some searching I'd find the info...I fondled m24's mini 870 today and it was freaking sweet.
          basically a trust is a legal entity that can own NFA firearms. The reason to go with a trust is that as a legal entity, it does not need to have a CLEO sign-off (difficult to impossible to get) or fingerprints/photos submitted.

          Man, M24 needs to post up some pics of these new AOWs I keep hearing about. How mini is mini? 14" barrel or significantly shorter with a folding grip?
          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

          • #20
            Blue
            Calguns Addict
            • Oct 2005
            • 8070

            Originally posted by ke6guj
            basically a trust is a legal entity that can own NFA firearms. The reason to go with a trust is that as a legal entity, it does not need to have a CLEO sign-off (difficult to impossible to get) or fingerprints/photos submitted.

            Man, M24 needs to post up some pics of these new AOWs I keep hearing about. How mini is mini? 14" barrel or significantly shorter with a folding grip?
            Who do I talk to about setting up a trust? A lawyer? What's it cost?

            IIRC the barrel was like 12"? just enough for it to hold 5rds and have the mag tube flush with the barrel
            Lord, make my hand fast and accurate.
            Let my aim be true and my hand faster
            than those who would seek to destroy me.
            Grant me victory over my foes and those who wish to do harm to me and mine.
            Let not my last thought be 'If I only had my gun."
            And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
            sigpic
            NRA Member

            Comment

            • #21
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              Originally posted by freakshow10mm
              Can you guys do a PPT for a shotgun of that type at 18yo?
              I think the answer to that is NO. That is because the PPT process goes through an FFL. The PGO shotgun would be transfered into the FFL's books from the seller, and then 10 days later is transfered to the buyer. I think a 4473 has to be processed, and at that point, there is a transfer of a firearm from the FFL to the buyer. And if the firearm is not a rifle or shotgun (which a PGO shotgun is not a federally defined shotgun), then the buyer must be 21 to receive from the dealer.

              It would probably have to be received from from a parent or grand-parent in an intra-family transfer.
              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

              • #22
                Blue
                Calguns Addict
                • Oct 2005
                • 8070

                Originally posted by ke6guj
                I think the answer to that is NO. That is because the PPT process goes through an FFL. The PGO shotgun would be transfered into the FFL's books from the seller, and then 10 days later is transfered to the buyer. I think a 4473 has to be processed, and at that point, there is a transfer of a firearm from the FFL to the buyer. And if the firearm is not a rifle or shotgun (which a PGO shotgun is not a federally defined shotgun), then the buyer must be 21 to receive from the dealer.

                It would probably have to be received from from a parent or grand-parent in an intra-family transfer.
                Cant you buy a PGO shotgun and DROS it at your dealer of choice and then bring it to the 07 and have them cut it down and do the tax stamp on it?
                Lord, make my hand fast and accurate.
                Let my aim be true and my hand faster
                than those who would seek to destroy me.
                Grant me victory over my foes and those who wish to do harm to me and mine.
                Let not my last thought be 'If I only had my gun."
                And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
                sigpic
                NRA Member

                Comment

                • #23
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by Blue
                  Who do I talk to about setting up a trust? A lawyer? What's it cost?
                  It can and has been done with Quicken Willmaker, but for an NFA-specific trust with some extra trust language to help your successor trustee after your death, talk to Oaklander, http://www.calguns.net/calgunforum/s...d.php?t=109642

                  IIRC the barrel was like 12"? just enough for it to hold 5rds and have the mag tube flush with the barrel
                  Oh OK, I've seen that. http://www.calguns.net/calgunforum/s...ad.php?t=97016 . I thought you were talking about John having made something really short like a Super Shorty.


                  Originally posted by Blue
                  Cant you buy a PGO shotgun and DROS it at your dealer of choice and then bring it to the 07 and have them cut it down and do the tax stamp on it?
                  yes, but Freak and I were talking about 18-20 year olds, they can't buy a PGO shotgun at the dealer. The age requirement for all firearm transfers from a dealer is 21 year old except for rifles and shotguns (a PGO shotgun is not a "shotgun, merely a "firearm") which have an exemption from the 21 year old requirement.

                  But once you have the PGO shotgun, you can add it to your trust, and the trust can send it to an 07/02 like M24 and have it AOW'ed and then sent back to you on a $5 Form 4 as a repair. Now, that brings up an interesting question. Could a 18-20 year old that had a PGO shotgun legally sent it to an 07/02 for repair into an AOW and have it sent back on a Form 4. I dunno the answer, but if a trust is involved, I don't even think that question even applies.
                  Last edited by ke6guj; 09-23-2008, 9:54 PM.
                  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

                  • #24
                    freakshow10mm
                    Veteran Member
                    • Jun 2008
                    • 3061

                    Originally posted by ke6guj
                    Now, that brings up an interesting question. Could a 18-20 year old that had a PGO shotgun legally sent it to an 07/02 for repair into an AOW and have it sent back on a Form 4. I dunno the answer, but if a trust is involved, I don't even think that question even applies.
                    No, because they can't get it transferred from a dealer or manufacturer (who can also engage in dealing) until they are 21yo. You can only Form 1 an NFA item (can, SBW, AOW, DD) if you are 18-20. Anything on a Form 4 must be 21yo.

                    For the trust stuff, check with a lawyer. That's out of my element.

                    Comment

                    • #25
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by freakshow10mm
                      No, because they can't get it transferred from a dealer or manufacturer (who can also engage in dealing) until they are 21yo. You can only Form 1 an NFA item (can, SBW, AOW, DD) if you are 18-20. Anything on a Form 4 must be 21yo.
                      Normally, I'd agree with you that anything on a Form 4 must be 21yo.

                      However, if a person sends a pre-owned firearm to that 07/02 and it is converted into a Title II firearm, it can be returned to the owner with a Form 4, even if the 07/02 is in another state from the owner, no instate dealer needed. That is because the ATF views it as a repair of an owner-supplied firearm, and that ownership never changes.

                      Another example would be if I sent a regular handgun in for repair to the manufacturer and I was under 21, could the manufacturer send it back to me? Or does it work out that that 18-20yo. could legally own the handgun, but could not have it repaired?
                      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

                      • #26
                        technique
                        I need a LIFE!!
                        • Jan 2008
                        • 10639

                        Originally posted by Blue
                        So what's the deal with the trust? I bet if I did some searching I'd find the info...I fondled m24's mini 870 today and it was freaking sweet.
                        Isn't it? I want it!
                        California Uber Alles, California Uber Alles
                        Uber Alles California, Uber Alles California

                        I am Governor Jerry Brown, My aura smiles and never frowns, Soon I will be President...

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                        • #27
                          freakshow10mm
                          Veteran Member
                          • Jun 2008
                          • 3061

                          Originally posted by ke6guj
                          However, if a person sends a pre-owned firearm to that 07/02 and it is converted into a Title II firearm, it can be returned to the owner with a Form 4, even if the 07/02 is in another state from the owner, no instate dealer needed. That is because the ATF views it as a repair of an owner-supplied firearm, and that ownership never changes.
                          Oh, you're saying you send your gun to an 02 SOT who F4s the gun back to you. I get it now. Yes, I think that would fly. I misread that above. Sorry.

                          Comment

                          • #28
                            m24armorer
                            In Memoriam
                            • Feb 2006
                            • 1422

                            Forgot to show you the 6.5" Mossberg or the 12" side by side Auto Burglar.
                            07 Class II in the Bay area.
                            Enjoy the silence.......
                            sigpic
                            Celebrating our madness for over
                            50 years.


                            Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier. One died for your soul; the other for your freedom.
                            - George Patton

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                            • #29
                              Solidsnake87
                              Veteran Member
                              • Jun 2006
                              • 4399

                              So, what kinda stuff consists of an AOW???? I've heard the term a lot but have no clue what kind of firearms they entail.
                              Replying to craigslist for casual encounters is like pokemon with STDs. Gotta catch em all
                              If Hell ever needed a operations manual all it would need is a copy of California's laws
                              .

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                              • #30
                                freakshow10mm
                                Veteran Member
                                • Jun 2008
                                • 3061

                                Smoothbore pistols, short shotguns with a pistol grip that never had a shoulder stock attached, cane guns, pen guns, cell phone guns, flashlight guns. Basically any concealable firearm that is covert and not readily apparent that it is a firearm.

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