Adding a vertical fore grip to a handgun

Gun related chat that doesn't fit in another forum

Adding a vertical fore grip to a handgun

Postby cobb on Thu Aug 21, 2008 7:50 pm

Got this sent to me from a legal source, so I thought I would post it here. The reason I believe it was sent was because of a past conversation with the individual and he was just passing me some info.

U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives


Washington, DC 20226


Adding a Vertical Fore Grip to a Handgun

“Handgun” is defined under Federal law to mean, in part, a firearm which has a short stock and is designed to be held and fired by the use of a single hand…. Gun Control Act of 1968, 18 U.S.C. § 921(a)(29).

Under an implementing regulation of the National Firearms Act (NFA), 27 C.F.R. § 479.11, “pistol” is defined as a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

The NFA further defines the term “any other weapon” (AOW) as any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. 26 U.S.C. § 5845(e).

ATF has long held that by installing a vertical fore grip on a handgun, the handgun is no longer designed to be held and fired by the use of a single hand. Therefore, if individuals install a vertical fore grip on a handgun, they are “making” a firearm requiring registration with ATF’s NFA Branch. Making an unregistered “AOW” is punishable by a fine and 10 years’ imprisonment. Additionally, possession of an unregistered “AOW” is also punishable by fine and 10 years’ imprisonment.

To lawfully add a vertical fore grip to a handgun, a person must make an appropriate application on ATF Form 1, “Application to Make and Register a Firearm.” The applicant must submit the completed form, along with a fingerprint card bearing the applicant’s fingerprints; a photograph; and $200.00. The application will be reviewed by the NFA Branch. If the applicant is not prohibited from possessing a firearm under Federal, State, or local law, and possession of an “AOW” is not prohibited in the applicant’s State of residence, the form will be approved. Only then may the person add a vertical fore grip to the designated handgun.

A person may also send the handgun to a person licensed to manufacture NFA weapons. The manufacturer will install the fore grip on the firearm and register the firearm on an ATF Form 2. The manufacturer can then transfer the firearm back to the individual on an ATF Form 4, which results in a $5.00 transfer tax. If the manufacturer is out of State, the NFA Branch will need a clarification letter submitted with the ATF Form 4 so that the NFA Branch Examiner will know the circumstances of the transfer. Questions can be directed to the NFA Branch or the Firearms Technology Branch.


Just more info for those inquiring minds. 8-)
“Nothing in life is so exhilarating as to be shot at without result”. - Winston Churchill

RIVER VALLEY TRAINING
MN. DPS/BCA approved training organization.

http://www.RiverValleyTraining.com
User avatar
cobb
Moderator
 
Posts: 6651 [View]
Joined: Fri Jul 27, 2007 7:47 am
Location: Mankato area, not in city limits

Re: Adding a vertical fore grip to a handgun

Postby Squib Joe on Fri Aug 22, 2008 2:29 pm

It comes up a lot when people buy an AR style pistol. I normally explain that after the sale to "save them from themselves" so to speak.
"The weight is a sign of reliability. I always go for reliability." - Boris "The Blade" Yurinov
User avatar
Squib Joe
 
Posts: 2778 [View]
Joined: Tue Aug 07, 2007 8:15 pm
Location: Minneapolis

Re: Adding a vertical fore grip to a handgun

Postby JFettig on Fri Aug 22, 2008 2:55 pm

Some say that this is an ATF rule, not a law, only congress has powers to pass laws, etc blah blah blah.
I'm pretty sure they'd still rape you.

Jon
User avatar
JFettig
 
Posts: 945 [View]
Joined: Thu Jul 26, 2007 5:17 pm
Location: Forest Lake

Re: Adding a vertical fore grip to a handgun

Postby Squib Joe on Fri Aug 22, 2008 6:14 pm

JFettig wrote:Some say that this is an ATF rule, not a law, only congress has powers to pass laws, etc blah blah blah.
I'm pretty sure they'd still rape you.


The National Firearms Act of 1934 (see 26 USC sec. 5845(e)), as passed by Congress, was the basis for the ATF to define what is and isn't a pistol - among other things: a pistol has a single grip at an angle to the bore, is not designed to be fired from the shoulder, is easily concealed upon the person, and has a rifled bore.

The Gun Control Act of 1968, also enacted by Congress, further states that a handgun is "a firearm which has a short stock and is designed to be held and fired by the use of a single hand"
"The weight is a sign of reliability. I always go for reliability." - Boris "The Blade" Yurinov
User avatar
Squib Joe
 
Posts: 2778 [View]
Joined: Tue Aug 07, 2007 8:15 pm
Location: Minneapolis

Re: Adding a vertical fore grip to a handgun

Postby Pinnacle on Sun Aug 24, 2008 11:21 am

JFettig wrote:Some say that this is an ATF rule, not a law, only congress has powers to pass laws, etc blah blah blah.
I'm pretty sure they'd still rape you.

Jon


You cannot add a foregrip on the rail of a handgun without violating the NFA regulations without registration of the Firearm as an AOW (Any Other Weapon) and Paying $200 - the same is to be said for addition of a shoulder stock to a handgun.
REMEMBER THE BRAVE 343 - WE WILL NEVER FORGET FDNY

الصليبية كافر
Pinnacle
 
Posts: 2945 [View]
Joined: Thu Jul 26, 2007 7:57 pm
Location: East of the Mississippi WAAAAAYYYY East

Re: Adding a vertical fore grip to a handgun

Postby cobb on Sun Aug 24, 2008 11:59 am

Just asking, but what about this?
http://crosman.com/site/listing/1035
with this -
http://crosman.com/site/listing/1036
Isn't this a handgun with a forearm, yes not vertical, but with a shoulder stock. I just think that so many of these federal regulations are stupid and serve no purpose except to make criminals out of law abiding citizens.

So a Crosman 1377 BB gun with these features are legal or compliant because the Crosman 1377 advertises this model with a rifled steel barrel.

Maybe as Forrest Gump says - "Stupid is as stupid does" and for future reference to quote government policies and activities - http://www.imdb.com/title/tt0109830/quotes
“Nothing in life is so exhilarating as to be shot at without result”. - Winston Churchill

RIVER VALLEY TRAINING
MN. DPS/BCA approved training organization.

http://www.RiverValleyTraining.com
User avatar
cobb
Moderator
 
Posts: 6651 [View]
Joined: Fri Jul 27, 2007 7:47 am
Location: Mankato area, not in city limits

Re: Adding a vertical fore grip to a handgun

Postby David on Sun Aug 24, 2008 10:17 pm

This is why an HK SP89 did not have the grip that the HK MP5K had on it. This has been around for a very long time.

Regarding lawmaking vs. rulemaking, it is a very well-established practice that agencies can make rules that have the force of law without Congress voting on them. While this particular law might have actually been specifically enacted by Congress, many gun laws are not. Congress grants the authority to agencies (like BATFE) to make rules by means of a legal process, and thus these rules have the force of law. OSHA regulations, IRS codes, EPA standards, and many, many rules have been made this way. There's so much legal precedent for it that challenging it (on this basis alone) wouldn't get anyone very far!
User avatar
David
 
Posts: 2391 [View]
Joined: Mon Dec 31, 2007 6:35 pm
Location: Minneapolis

Re: Adding a vertical fore grip to a handgun

Postby firemedic5586 on Sun Aug 31, 2008 1:34 pm

However a dual folding vertical for grip is perfectly legit....... "MOMMY My brain hurts"

Image
firemedic5586
 
Posts: 5 [View]
Joined: Mon Aug 13, 2007 4:42 pm


Return to General Gun Chat

Who is online

Users browsing this forum: No registered users and 2 guests

cron