SBR Conundrum

[scooter22]

I found an SBR'd Sig 553 pistol (diopter model).

I don't want to transfer it as an SBR because I don't want to pay x2 tax stamps.

The seller is telling me that he must de-list it with the NFA, so that I can re-SBR it once I take possession.

He has also stated that it takes about 6 weeks for the de-list to be finalized.

My understanding is that de-listing is not necessary, if one simply wants to re-convert the weapon to a non-NFA configuration.

However, this situation is different because of my desire to re-register.

So, the question is: Does he really have to de-list ?

[BigWaylon]

No. They won't "delist" it anyway. They'll just make a note in the registry, and it could be a year or two before he hears anything back.

He can sell it to you in Title 1 config and then you file a Form 1.

Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?
A: A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA firearm� pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.

Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.

[st381183]

Not only would the seller have to remove it from the NFA registry, he would have to convert it into a 16" rifle because once converted and REGISTERED as a rifle it can never be unconverted into a pistol again.

[st381183]

Also a private seller can sell you an NFA item through a form 4. As long as you are both in the same state, 1 stamp but a long wait.

[scooter22]

He is out of state.

Not only would the seller have to remove it from the NFA registry, he would have to convert it into a 16" rifle because once converted and REGISTERED as a rifle it can never be unconverted into a pistol again.

So, he can't sell it to me as a pistol?

BigWaylon's post suggests otherwise.

[BigWaylon]

If it's not configured as an NFA firearm, it gets sold as a GCA firearm.

[scooter22]

If it's not configured as an NFA firearm, it gets sold as a GCA firearm.

And can be re-SBR'd?

[BigWaylon]

And can be re-SBR'd?

Yes. Just like my Q&A mentions. File another Form 1 and $200, then wait. You'll be responsible for engraving maker's info again.

It may result in a call or email to clarify what you're doing, but I'd probably send a 1-2 sentence letter attached to the Form 1 explaining you bought the firearm in a non-NFA configuration and wish to make it into an SBR again.

[scooter22]

Yes. Just like my Q&A mentions. File another Form 1 and $200, then wait. You'll be responsible for engraving maker's info again.

It may result in a call or email to clarify what you're doing, but I'd probably send a 1-2 sentence letter attached to the Form 1 explaining you bought the firearm in a non-NFA configuration and wish to make it into an SBR again.

Awesome.

Thanks for the assistance.

[RHINOWSO]

Not only would the seller have to remove it from the NFA registry, he would have to convert it into a 16" rifle because once converted and REGISTERED as a rifle it can never be unconverted into a pistol again.

Incorrect.

If it started as a pistol, it can always be a pistol again. But if it started life as a rifle, it cannot become a pistol.