>>27680728Per U.S. v. Davis, Cr. No. 8:93-106, vertical fore-grips do not turn a pistol into an AOW
http://www.titleii.com/bardwell/us_v_davis2.txt> 24. The 9 millimeter and .22 caliber pistols seized by ATFwere modified by adding an additional grip.
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).
.......
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.
