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Thread: SBR refusal?

  1. #11
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    I do a new trust for every NFA item, ever since the ATF started asking for a schedule A with every NFA item purchased on a trust.

    It costs nothing, and only takes a new notarization the next time I stop by the bank. The only thing on the trust that changes is the name of the trust.

    If they want paperwork, I say give 'em paperwork.
    Last edited by eodinert; 01-21-11 at 16:52.

  2. #12
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    Quote Originally Posted by eodinert View Post
    I do a new trust for every NFA item, ever since the ATF started asking for a schedule A with every NFA item purchased on a trust.

    It costs nothing, and only takes a new notarization the next time I stop by the bank. The only thing on the trust that changes is the name of the trust.

    If they want paperwork, I say give 'em paperwork.
    Happen to have a link to an example of the ATF requesting the schedule A?

  3. #13
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    NFA Gun trust lawyer blog link

    I found this... there is all kinds of helpful answers....
    www.guntrustlawyer.com/shortbarreled-rifels-sbrs
    Quote Originally Posted by Split66 View Post
    I wouldnt listen to BCMjunkie. His brown camo clashes like hell with his surroundings. His surroundings are obviously pinkish and lacey and have big hooties.

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  4. #14
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    ATF online link.

    This looks like an excellent link also

    wwww.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html ell.
    Quote Originally Posted by Split66 View Post
    I wouldnt listen to BCMjunkie. His brown camo clashes like hell with his surroundings. His surroundings are obviously pinkish and lacey and have big hooties.

    Instagram Dangertastic
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  5. #15
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    Quote Originally Posted by BCmJUnKie View Post
    Oh very cool! Thank you for more info! I asked this guy not too long ago about somethin like that, I asked him if a tax stamp is like that, if its a one time fee for an SBR, or for every SBR you have to re-apply and pay $200 every SBR you build. He said it was every rifle needs it
    Technically thats true... Every lower with a SBR upper on it has to have a stamp and each stamp is dedicated to each lower, so multiple stamps would be needed if you want multiple rifles... So technically each "rifle" needs a stamp considering that it is only a rifle when a lower and upper are united... You can have as many uppers as you want but they can only go on your registered lowers.

    Thats why its good to start with a 10.5 so you have greater flexibility for future uppers ... If you register a 12.5 you cant go shorter and put a 10.5 etc on it without going through the headache again...


    Pretty sure thats the correct technicalities...

  6. #16
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    Quote Originally Posted by d90king View Post
    Thats why its good to start with a 10.5 so you have greater flexibility for future uppers ... If you register a 12.5 you cant go shorter and put a 10.5 etc on it without going through the headache again...


    Pretty sure thats the correct technicalities...
    negative... there's assloads of evidence to support the ATF doesn't actually really give a shit if you put a 10.5 upper on a lower registered as a 12.5, to the point that they explicitly state that they don't care if you do exactly that, temporarily.. and that if you want to make a permanent change to barrel length, all they ask is that you send them notification.

    but i've never seen anything that offers a penalty of any sort for not notifying them... everywhere i've seen the request stated, it's been in the form of exactly that- a request that they be notified.

    the best thing to do is simply fill out the form for whatever length you actually plan to have.. 10, 11, 12, 14, whatever... and if you change your mind later, just notify them.

  7. #17
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    Quote Originally Posted by eodinert View Post
    I do a new trust for every NFA item, ever since the ATF started asking for a schedule A with every NFA item purchased on a trust.

    It costs nothing, and only takes a new notarization the next time I stop by the bank. The only thing on the trust that changes is the name of the trust.

    If they want paperwork, I say give 'em paperwork.

    If the only purpose of the trust is for NFA items, does it really matter to you if you give them the schedule A? It's not like you're giving them state secrets; they already know what NFA items you own.

  8. #18
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    ummm...why do more than one trust? Thats retarded.

    You just INCLUDE your scheduleA. Its just a listing of previosly approved items that are now in your trust.

    Example of what a schedule A should look like: Itll be a standard sheet of paper with lets say 20 college rulled lines numbered #1-#20 with "Schedule A" at the top. This is the last page of your 6-8 page trust.

    Ex-

    1. Suppressor-AAC Tirant- Serial#TR-xxx-Placed on Jan 19, 2011
    2. SBR-Noveske 10.5" 5.56mm- Serial#XXX-Placed on Jan 21,2011
    3.


    Multiple trusts!?!? Dude....what?
    Industry T&E

  9. #19
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    Quote Originally Posted by d90king View Post
    Technically thats true... Every lower with a SBR upper on it has to have a stamp and each stamp is dedicated to each lower, so multiple stamps would be needed if you want multiple rifles... So technically each "rifle" needs a stamp considering that it is only a rifle when a lower and upper are united... You can have as many uppers as you want but they can only go on your registered lowers...
    Actually i heard different...you can own a sbr upper, but if you have anything in your home that it can be mated to is Federal violation (unless registered of course). Even if you just want to "see what it looks like" is ILLEGAL. Thats what i read, so ya you can have all the uppers you want, but if you have just ONE lower....prison time.Thats what i read
    Quote Originally Posted by Split66 View Post
    I wouldnt listen to BCMjunkie. His brown camo clashes like hell with his surroundings. His surroundings are obviously pinkish and lacey and have big hooties.

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  10. #20
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    The Supreme Court case Unites States v. Thompson concluded that having the parts that could make a short barrel rifle does not mean that you have constructive intent. Some might argue that their decision only applies to that specific Thompson kit/pistol, but there is definitely now a decision against that silly aspect of the NFA code.

    I think that most will agree that the National Firearms Act has some terrible language in it that makes things clear as mud and that the BATF's history of sending letters that conflict occasionally don't help.

    Also there is this misconception that owning NFA items opens you up to free inspection by the BATF. That is completely false and stems from the other licenses you can obtain such as FFL/SOT. They have to have a warrant to search your house. To get one they'd have to have a reason to do so.

    In the case above the ATF kindly asked Thompson to start registering the kits that they were distributing. There was no ATF raid or anything, and they were mass producing these things.

    The ATF does not care if you have two 10" uppers sitting next to two complete non-registered lowers in your safe waiting on paperwork.

    They also don't care if you have a lower that is registered but not engraved yet because you are waiting on your tax stamp to actually get to you.

    IANAL - I am not a lawyer

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