There is a case outcome that contradicts BATFE's assertion that pistols with VFGs are AOWs. However, it also appears that BATFE does not consider the decision binding, possibly because the result was a prosecution-initiated dismissal (?) rather than a out-and-out ruling against.
Here are the relevant sections of the dismissal for
U.S. v. Davis, Crim No. 8:93-106 (D.S.C. 1993) (Report of Magistrate, June 21, 1993):
quote:
25. Title 26, United States Code Section 5845(e) defines
"any other weapon" as:
... any weapon or device capable of being concealed from which a shot can be discharged through the energy of an explosion... 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. A "pistol" is defined in Section 5845 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). 27 CFR 178.11 (emphasis added).
27. Even after being modified with grips, the pistols are still "pistols" as defined above and not "any other weapon" as defined by 26 U.S.C. section 5845(e).
CONCLUSIONS AND RECOMMENDATION
Wherefore, it is recommended that Count 13 be dismissed upon motion of the government...
As to the motion to dismiss concerning the two pistols, this court concludes that the weapons are "pistols" as defined and are not "any other weapons," and that the motion to dismiss as to the pistol counts should be granted.
[signed]
William M. Catoe, Jr.
United States Magistrate Judge
June 21, 1993
Greenville, South Carolina
[irrelevant parts to the AOW discussion edited out for sake of brevity. Bold emphasis mine]
http://www.titleii.com/bardwell/us_v_davis2.txtNote that the definition of AOW does not include any language referring to a second pistol grip. The second pistol grip part is entirely an interpretation of BATFE as far as I know.
Full definition below:
quote:
26 U.S.C. § 5845(E)
For the purposes of the National Firearms Act, the term “Any Other Weapon” means:
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
Any such weapon which may be readily restored to fire.
Such term shall not include a pistol or a 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.
from:
https://www.atf.gov/firearms/f...-act-definitions-anyOn the page above, the "Examples of 'Any Other Weapon' include" graphic does not show any specimens with two pistol grips.
