AOW as a 'Masterkey' NOT illegal per BATFE 1/19/2011

[VUPDblue]

Well I'll be danged! BATFE has said that an AOW such as the Serbu Super Shorty, when mounted to a rifle in a configuration like a "Masterkey", does not constitute the making of an SBS. It has long been held in the NFA community that this is a no-no, but apparently BATFE has decided that it is OK. I don't agree with this logic AT ALL, but it's interesting for sure.

 

[Disposable Heart]

So I can mount a Serbu to my Remmy 870?

 

[ARdysfunction]

Hmm... That is an interesting turn of events. I thougt for sure that would be a nogo.

So who makes a monut??? I may want to try this just for fun.

 

[theweakerbrother]

So does this mean that smart-mouth gun show guy was right and you and INGO were wrong!?

 

[VUPDblue]

So does this mean that smart-mouth gun show guy was right and you and INGO were wrong!?

That is exactly what that means.
I will also say that, as I mentioned in my first post, this letter is legally incorrect. By the letter of the law, if you attach an AOW 12ga (Serbu) to a rifle, then the AOW becomes shoulder-fired and falls into SBS status. It's not "clear as mud", it's clear as day.
I am happy that BATFE ruled in "our" favor, but I still think they're wrong.

 

[theweakerbrother]

Someone just divided by zero. Tier zero.

 

[Juggernaut]

I'd have guessed it to be an SBS...

 

[Martin Draco]

That is exactly what that means.
I will also say that, as I mentioned in my first post, this letter is legally incorrect. By the letter of the law, if you attach an AOW 12ga (Serbu) to a rifle, then the AOW becomes shoulder-fired and falls into SBS status. It's not "clear as mud", it's clear as day.
I am happy that BATFE ruled in "our" favor, but I still think they're wrong.

It does seem contradictory, but if you look at it from an overall length point of view, I guess it would not be any more concealable than the 870 or AR it's attached to.

 

[VUPDblue]

Concealability hasn't got squat to do with this. The barrel on the 12ga is only 8", it is a smoothbore and is now shoulder-fired. It meets the definition of a SBS.

 

[Juggernaut]

Concealability hasn't got squat to do with this. The barrel on the 12ga is only 8", it is a smoothbore and is now shoulder-fired. It meets the definition of a SBS.

wouldn't it have to be permanently mounted?

 

[VUPDblue]

You wouldn't think so. Slapping a VFG on a Glock is temporary but it gets you an AOW no-no...

 

[09hemi]

how would be get these to mount them no one in Indian sells SBS because they're illegal

 

[VUPDblue]

The standalone Super Shorty 12ga guns are NFA items called "AOWs". They cannot be SBSs because they are not "made from a shotgun" that's to say that they are made from virgin receivers that have never had shoulder stocks attached to them. This is very important because to legally be a shotgun, it must be shoulder-fired. No stock=no shotgun.

 

[Kirk Freeman]

Minor clarification: No stock ever=>no shotgun.

 

[curraheeguns]

It's great that Mr. Jack has a letter, but I would never do it myself or advise a customer to do it unless they had their own letter.

Especially with just going on a cut in paste off the internet of a letter they think is real.

Just my two cents.

 

[jeremy]

I think I would be sending my own letter of question to the BATF&E before I would be attempting this though...

Maybe that is just me...

 

[2ADMNLOVER]

So if I had a shorty , I could mount it on a Draco and have my own master key ..Hmmm

 

[VUPDblue]

It's great that Mr. Jack has a letter, but I would never do it myself or advise a customer to do it unless they had their own letter.

Especially with just going on a cut in paste off the internet of a letter they think is real.

Just my two cents.

I totally agree with you Corey. That said, I wouldn't do it even if I had that letter because I believe their opinion is wrong.

 

[mjrducky]

It's great that Mr. Jack has a letter, but I would never do it myself or advise a customer to do it unless they had their own letter.

Especially with just going on a cut in paste off the internet of a letter they think is real.

Just my two cents.

Agreed, Even with the letter it doesn't sound like something I would try. They easily could have misunderstood - would be better to send them a picture of the two side by side in the same photo and ask if you could mate the two. Either way I think that they are wrong.

 

[CarmelHP]

I totally agree with you Corey. That said, I wouldn't do it even if I had that letter because I believe their opinion is wrong.

Right, caselaw says letters are not a defense to prosecution. It must be designated and published as a ruling to have legal force.