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Discussion Starter · #1 ·
I recently purchased a Polish 26.5mm Flare Gun. I will be purchasing inserts to use pistol ammo/410 Buckshot loads. I have emailed the ATF because I know that I must pay the AOW tax in order to possess the flare fun and the insert(s) together. My question is, "Do I purchase & receive the insert(s) first and then pay the $5.00 AOW tax or am I supposed to pay the tax before receipt?" BudK states that the ATF letter arrives with the purchased inserts but since possession of the flare gun with the inserts is illegal I do not want to find myself on the wrong side of the ATF over a $5.00 tax stamp!

Does anyone have experience with this situation?
 

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Looks like double-posts are not deleteable.

Let's make lemonade!

PDF on ATFE opinion on manufacture of AOW under
NFA, and shootin' flare guns till they poop:

https://www.atf.gov/firearms/docs/o...etter-flare-inserts-any-other-weapon/download

PDF on ATFE opinion that possession of flare gun and 'chamberable'
ammo with anti-personnel capabilities constitutes a 'destructive device',
per GCA and NFA:

https://www.atf.gov/file/55446/download

" Since these gas/flare guns have a bore diameter of greater than one-half inch, fire a projectile by the means of an explosive, and, when possessed with “anti-personnel” ammunition, are capable of use as weapons, the combination of the gas/flare gun and “anti-personnel” ammunition is a destructive device as defined in the GCA and NFA. As a result, registration as a destructive device is required. "

If that didn't do it for ya...how about this:

"Each gas/flare gun possessed with anti-personnel ammunition will be required to be identified as required by law and regulations (27 C.F.R. §§ 178.92 and 179.102), including a serial number. Any person manufacturing the gas/flare gun and the “anti-personnel” ammunition must, if selling them in combination, have the appropriate Federal firearms license as a manufacturer of destructive devices and must have paid the special (occupational) tax as a manufacturer of National Firearms Act firearms. "
 

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I wouldn't stake my life on this, but from recollection of reading on this
(loading shotgun rounds into flare pistol) a few years ago, it's a no-go,
period, with ATFE-notwithstanding a good way to lose fingers or eyes.
 

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Discussion Starter · #4 ·
I wouldn't stake my life on this, but from recollection of reading on this
(loading shotgun rounds into flare pistol) a few years ago, it's a no-go,
period, with ATFE-notwithstanding a good way to lose fingers or eyes.
Not a plastic flare gun but one made completely of steel. The ATF tested plastic flare guns with the inserts using 410 shells not steel flare guns.

According to the letter included with the 26.5mm flare gun inserts, the AOW tax must be paid so that possession of both the flare gun and insert is legal. I have contacted the ATF and await their response to my inquiry.
 
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