Open Bolt Mac-10 9mm question?

Discussion in 'GA Laws and Politics' started by Spas-12 Owner, Sep 20, 2010.

  1. Spas-12 Owner

    Spas-12 Owner Member

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    Is it required to have a tax stamp for a pistol grip on a pistol?

    I have seen guns at Gun shows and other places like the picture below that are not class 3, and have recently been suggested that the pic is illegal w/o a stamp or the gun being a reg. class 3 weapon.

    Is this true?

    Proof to go along with the statement?

    [​IMG]

    Thanks
    Will
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    BATF takes the postion that if you put a forward vertical hand-grip on ANY pistol, you have made an "AOW."
    Any Other Weapon. Because it's no longer a "handgun" if it's made to be used with 2 hands instead of one.
    I don't have the proof or citation handy, but if you search here you should find it, or do a Google search for "AOW" and "Pistol" and "vertical fore grip" or something like that.

    Now the other issue is the open-bolt pistol. These were reclassified as machineguns in the mid-1980s because with a little grinding or filing on a couple small parts, you can make them shoot full-auto (only).
    I think, but there was a grandfather clause that said the BATF's rule change didn't apply to any open-bolt pistols made before that certain date. So yours may be legal as a grandfathered weapon. If it's been made after that date, it's actually a machinegun, not an AOW, and if it's not already registered as a machinegun then it's too late now.

    You can find the BATF ruling that reclassified the open-bolt Cobray, MAC, RPB, and similar pistols as machineguns because they were also too easy to convert to full auto. It's online; I've seen it before, and printed a copy years ago. Ditto for the rulings on the Tec-9, DC9, and other such pistols.
     

  3. Adam5

    Adam5 Atlanta Overwatch

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  4. Adam5

    Adam5 Atlanta Overwatch

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  5. 45_Fan

    45_Fan Well-Known Member

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    The gun pictured is either a) registered AOW, b) registered MG, c) illegally assembled in the US, or d) not otherwise subject to BATFE rules.

    One could put a horizontal barrel shroud on it, but a vertical grip is a special case.
     
  6. mswicord

    mswicord New Member

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    How do the web "barrel straps" that came on the MAC's in the early '80 effect their status......do they make the an AOW?

    Wish I had bought one back then.....$250 all day...
     
  7. drtybykr

    drtybykr New Member

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    Good question, does the strap need a stamp?
     
  8. GAGunOwner

    GAGunOwner Active Member

    I THINK the cutoff date for open-bolt semis was Nov. 1981. Before that date they are legal non-NFA weapons as long as they remain semi-auto. They are still legal and grandfathered now. After that date they are considered unregistered MGs even if they only shoot semi-auto.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I think Nov. 1981 was for the drop-in auto sears for AR-15s.
    The open-bolt pistols were addressed in a series of BATF rulings in early 1982, I think.
    Each model of pistol had its own letter released reflecting the BATF ruling, so each gun would be "banned" only after that date, so it's not the same date for every make and model (I think).
     
  10. GAGunOwner

    GAGunOwner Active Member

    Maybe someone will post a letter from the BATFE or something clarifying this issue.