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Old April 14, 2013, 04:28 AM   #1
ClydeFrog
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Join Date: May 1, 2010
Posts: 5,798
?s about new AOW ownership, 12ga pump shotguns...

I sent my good friend a link to a NIB 12ga pump 870 shotgun. It has a 10" barrel and a few custom features. The sale price is $995.00 USD.
The firearm is being sold by a FFL dealer/shop & if he buys it, the same state.
My question(and please move the topic if needed), is if the shotgun is a "AOW" & only needs a $5.00 tax stamp or would my friend(or any other citizen) need to pay the $200.00 fee?
Online clips, like from the main gunsmith/star of Discovery's Sons of Guns gloss over what's needed but it sounds complex. Tim Serbu of www.serbu.com says 12ga shotguns are AOWs and only need $5.00.

I'd already get that the purchase would take 6mo-12mo for the background checks & ATF documents.
My friend also has 0 felony convictions or arrests to my knowledge.

PM me if you choose.
Thanks & stay safe!...

CF
ps; Im already aware too of Will Hayden's ATF issues & background.
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Old April 14, 2013, 08:32 AM   #2
jclayto
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Join Date: February 14, 2005
Location: Anderson, SC
Posts: 550
Clyde, from my understanding in order to be classified as an AOW and transferable on the $5 stamp the shotgun must have been manufactured with a pistol grip. If the 870 left the factory with a standard shotgun stock but with a 10" barrel, or if it left as a standard 870 and has been cut down to a 10" barrel then is it a SBS (short barreled shotgun). SBS requires a $200 stamp.

I am sure that the selling dealer can let your friend know how the gun is recorded on the existing f3/4. Also keep in mind that if the gun is located out of state it will need to be transferred to a dealer in your friends state and the receiving dealer will charge a fee for handling the transaction. $75-125 seems to be going rate in this area.
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Old May 5, 2013, 06:05 PM   #3
Rob62
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Join Date: June 28, 1999
Location: Georgia, USA
Posts: 426
I may be misreading your question. But the only way to know for sure if its an AOW or SBS is to ask the seller - any verify with the current Tax stamp form. He will have the tax stamp paperwork and it will be listed on there.

I don't think there is any way to know this, from only knowing it has a 10" barrel. I strongly *suspect* it is an SBS, because most folks would not have built an AOW with such a "long" barrel to begin with.

If it is an SBS, $995 is really high. I bought a new Rem 870 SBS at retail about 1 year ago, it was about $500 (plus $200 for the stamp)

Purchasing an NFA item such as an AOW, SBS, SBR, or Suppressor is not difficult at all. The process is however long and drawn out. Do the purchase through a "Revocable Living Trust" if you can vs. an Individual purchase. That makes everything less complicated in my opinion.

Look here for more info on RLT's and NFA procedures / laws in general.

http://www.guntrustlawyer.com/

Regards,
Rob
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