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DrunkUncas
07-15-12, 15:51
Had my AR SBR registered under my soon to be dissolved corporation. All the parts have been sold except the engraved lower.

So is there anything I can do with this thing that doesn't involve another $200 or a certified package to ATF?

And is it illegal the minute my LLC dissolves, regardless of the fact that I no longer own a short barrel?
MarkG
07-15-12, 17:39
Confused...

Is the entity an LLC or Corporation?

If it is an LLC, are you the original and only member?
filthy phil
07-15-12, 17:46
i had a sbr uzi ansd sbs. i wanted the items removed from the nfa registry so i could sell as title 1 guns. i sent them a letter. took prolly a year for a response acknowledging this.
the guns had long been sold. i got rid of the short barrels

if the gun has a 16" bbl on it it's no longer an sbr, from what i've seen on subguns and elsewhere
filthy phil
07-15-12, 17:47
Confused...

Is the entity an LLC or Corporation?

If it is an LLC, are you the original and only member?
an llc is a corp you must file yearly taxes regardless of it making any money
MarkG
07-15-12, 18:13
an llc is a corp you must file yearly taxes regardless of it making any money

I would argue against your understanding of what an LLC is and isn't. An LLC is a creature of the state in which it was created and is a disregarded entity for federal tax purposes. The type of entity created by the OP is a critical factor to receiving the proper answer to his question. When he has to file an "informational return" and whether or not he generated income is irrelevant to his question.
USMC_Anglico
07-15-12, 19:51
In fact, an LLC can be a dis-regarded entity, corporation or a partnership for federal tax purposes. All depending on how many members and what if any entity classification is elected. This is done via an IRS Form 8832, if no election is made then it is considered a dis-regarded entity. States vary on what and how you can be treated for state tax purposes.
cj5_dude
07-18-12, 19:53
To the OP, you don't need to do anything to it or even get rid of it. As long as it doesn't have a short barrel on it it is not an SBR. You don't need to write the ATF or do anything else. Just hold onto it and put a 16 inch upper on it and you're golden. Or put no upper on it and throw it in a safe as good memories.

But assuming you still want to shoot it, as long as the barrel that's on it is 16 inches or longer you're legal and nobody cares.
medicman816
07-18-12, 23:43
The above post says it all... The ATF stopped caring about it the minute you sold the last short upper for it. As long as you don't buy another short upper you are fine. If you want to be really nice you could send them a letter asking to remove it from their purview. This is merely a request from them. If it makes you feel better, send the letter in. It takes a while for a reply from what I hear, maybe a year or more. This is not something to lose sleep over.

The one thing I'm unsure of is if this could be transferred to you (or anyone) after your corporation dissolves. I don't see why not, but it may be worth checking if you decide to do it.
JoshNC
07-19-12, 09:36
Transfer it to yourself or send ATF a letter notifying them that it not longer meets criteria as a title-2 firearm and keep it as a title-1.
Todd.K
07-19-12, 11:26
It's not an SBR anymore, just a receiver.

http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html
Kokopelli
07-19-12, 11:43
Well that pretty much answers that question.. Saved the link for reference.. Ron
Iraqgunz
07-19-12, 15:04
BATFE says once the short upper is gone and no longer in possession by the owner the lower is simply a lower. Don't complicate matters or overthink it.
usmcvet
07-20-12, 20:54
Had my AR SBR registered under my soon to be dissolved corporation. All the parts have been sold except the engraved lower.

So is there anything I can do with this thing that doesn't involve another $200 or a certified package to ATF?

And is it illegal the minute my LLC dissolves, regardless of the fact that I no longer own a short barrel?

Well if all you have is the lower you no longer have a SBR. No worries. You now just have a lower. You can build it into a non SBR AR now if you'd like.