12-14-2004, 07:43 PM
|
|
Administrator
|
|
Join Date: Dec 2004
Location: Valley Forge, PA
Posts: 1,598
|
|
Quote:
Originally Posted by Anonymous
It seems clear to me that the intent of the AOW classification was to capture all the "odd" types of weapon not otherwise defined. IMHO, interest in the "dual-grip assault pistol" concept has really arisen out of the silly AWB (hopefully shortly to expire) and I suspect will dissappear back into obscurity soon after September 13th.
With the above said, from a legal perspective the question appears to hinge on what "originally" means. I know, this sounds like something Bill Clinton would say :shock:, but stay with me on this.
Now, when we come to the case law already quoted and your hypothetical test-case of a Glock with a foregrip, the weapons in question were already purchased as pistols (per the 4473), and the addition of the foregrip might be considered to be a minor aftermarket modification. In this case, a court might reasonably rule against the ATF on the "looks/quacks like a duck" rule; the weapons were obviously not originally designed with a foregrip in mind.
However, in the case of something less mainstream, like an AR15 pistol, I feel you would be on more shaky ground for two reasons: (1) the court might be less favorably disposed towards the weapon because it no longer "looks like a duck", and (2) if you custom built the weapon with the foregrip in mind, ATF might reasonably argue that shooting it with two hands was your original design intent... and in many cases they would probably be right !
Either way, I'd rather go SBR and get on with my life :D [/b]
|
|