Revolver SBR question

[Malamute]

I mistakenly posted this elsewhere, will try again.

If a person made an SBR from a single action revolver and shoulder stock, is the original base gun still considered an NFA item in the sense of being able to travel with it to states that dont allow SBRs if you left the shoulder stock at home? In other words, could I travel with it without paperwork or legal issues if I took the pistol part only (no shoulder stock) to a non-SBR state? Talking a 7 1/2" barrel single action revolver.

This is the general idea,Attachment 47099

I'm not in the income bracket to buy an original Colt with shoulder stock that would be exempt because of age (1870-1880s), but would like to have a shooter grade gun to fool around with.

[rjacobs]

"once an SBR always an SBR"(unless removed from the registry) is how I understand it.

Same concept as "once a rifle, always a rifle".

BUT to throw a monkey in the works, as I understand it, you can put a 16" upper on a SBR AR lower and travel with it as a regular Title I gun.

[MegademiC]

Since you can switch between rifle and pistol, I'd say your ok, but I'd wait till you get some more input than just mine.

Tc contenders go back and forth, so can at lowers, as long as the pistol was the original configuration... at least that's my understanding.

[BigWaylon]

If it's not configured as an NFA item, it's not really an NFA item. That's why you can hunt with a registered lower and long upper in states where SBR hunting is illegal. It's why you can cross state lines with a registered lower and long upper and no 5320.20 required. It's why you can sell a registered lower, with or without a long upper, without any NFA paperwork.

Think about it this way. If you carry a revolver out of state, in what crazy scenario would somebody see it and call the NFA Division to see if the SN was in the registry?

That's my take on it. The reality is there's no definitive answer from the ATF (at least that I've seen) in regards to a pistol-based SBR when not in SBR config. No different than a Glock in a Roni chassis.

[Malamute]

"once an SBR always an SBR"(unless removed from the registry) is how I understand it.

Same concept as "once a rifle, always a rifle".

BUT to throw a monkey in the works, as I understand it, you can put a 16" upper on a SBR AR lower and travel with it as a regular Title I gun.

But,...the rifle thing pertains to if an AR or whatever started life as a rifle, it cant be turned into a pistol, but if it started life as a pistol (or other), it can be made into a rifle, then a pistol again, at least as far as I understand it. Your last sentence was part of my question, if not in SBR form, such as lacking the part that makes it an SBR, would it just be an ordinary handgun in a state that didnt allow SBRs? I spend part time visiting in a state that doesnt have SBRs. Just wanting to clarify what I can or cant do legally while there.

Since you can switch between rifle and pistol, I'd say your ok, but I'd wait till you get some more input than just mine.

Tc contenders go back and forth, so can at lowers, as long as the pistol was the original configuration... at least that's my understanding.

Yes, Im familiar with the Contender situation, but in the way thats usually done, they are going to straight, unregulated, non NFA pistol to non NFA rifle. I'm wondering if the NFA registered gun needs paperwork to travel or is otherwise regulated in a non-SBR state if I dont have the shoulder stock when away from my home state.

If it's not configured as an NFA item, it's not really an NFA item. That's why you can hunt with a registered lower and long upper in states where SBR hunting is illegal. It's why you can cross state lines with a registered lower and long upper and no 5320.20 required. It's why you can sell a registered lower, with or without a long upper, without any NFA paperwork.

Think about it this way. If you carry a revolver out of state, in what crazy scenario would somebody see it and call the NFA Division to see if the SN was in the registry?

That's my take on it. The reality is there's no definitive answer from the ATF (at least that I've seen) in regards to a pistol-based SBR when not in SBR config. No different than a Glock in a Roni chassis.

The thing about the base gun the SBR would be built on is it would have to have the info engraved on it, which would be evident to anyone that looked at it in person. If getting checked out for any reason, and the officer (or any joe schmo at a range etc) understood what that was about, I want to be sure I'm squared away and not making unpleasant situations for myself.

it seems to make sense that if the stock wasnt with it it should be OK, but sense isnt always part of legal restrictions involving firearms.

I wonder if it would make any difference if the extended hammer screw that the stock hooks onto was still in the gun?

Thanks for the comments so far guys.

[st381183]

I think you are worrying about it too much. A registered item in a non NFA configuration no longer needs special permission because it is configured in a normally legal configuration. If you leave the stock at home and travel with just the revolver no one is going to care because you have a regular revolver. If you travel with the stock, you could assemble the revolver into a Title II firearm that is controlled by the NFA and would need to have your permission slip to possess while traveling. So.....if you really want official advise a letter to the NFA Branch with your question is probably your best bet for peace of mind because we are all armchair lawyers for the most part.

[Gödel]

If you can sell an SBR as a not-SBR, this suggests that there is no legal procedure to un-SBR an SBR.

If that's the case, then when you travel with the pistol you can simply declare "that is no longer an SBR", which becomes true because you said so. Just don't have the stock with you when you claim that.

[BigWaylon]

The thing about the base gun the SBR would be built on is it would have to have the info engraved on it, which would be evident to anyone that looked at it in person. If getting checked out for any reason, and the officer (or any joe schmo at a range etc) understood what that was about, I want to be sure I'm squared away and not making unpleasant situations for myself.

I can engrave my info on a screwdriver, or my car keys...doesn't make it an NFA item.

Even if it was an entity (trust, etc), it could be owned by that entity and marked to help identify it. Just something else to think about.

[Malamute]

I think you are worrying about it too much. A registered item in a non NFA configuration no longer needs special permission because it is configured in a normally legal configuration. If you leave the stock at home and travel with just the revolver no one is going to care because you have a regular revolver. If you travel with the stock, you could assemble the revolver into a Title II firearm that is controlled by the NFA and would need to have your permission slip to possess while traveling. So.....if you really want official advise a letter to the NFA Branch with your question is probably your best bet for peace of mind because we are all armchair lawyers for the most part.

I may be, though the particular state in question has some fairly restrictive laws compared to my home ground. I dont have much choice on needing to spend some time there in the short term. I'd like to stay as low profile as possible under the circumstances. Just being a non-resident with firearms may be enough to give some there heartburn.

[st381183]

Have you thought about taking another firearm that you know is legal in that state, rather than this revolver?