Another SBR Question...

[Razorhunter]

Guys,
If/when I register my SBR lower, and I finally am able to own a SBR, I would like to know if this registration will ONLY apply to a SPECIFIC, SINGLE lower receiver???
I mean, what I'm really getting at is this:
What happens if I want to sell my registered SBR lower, and then I want to buy another one? Do I have to go through the $200 NFA tax stamp AGAIN, just because I wanted to sell my current SBR lower, and buy another???
I'm assuming the answer is YES, I must do it all over again...
Thanks for any help/confirmation...

[Robb Jensen]

Yes it's the lower for which you are getting a tax stamp. You can have a gazillion uppers for that lower.

[Razorhunter]

Thank you gotm4, but that is not my question by any means. I am fully aware (thanks to previous threads way back), that any number of uppers can be had for a registered lower.

MY question is WHAT happens when I register a lower as an SBR, and then a year later I SELL it to someone on this forum? Can I purchase ANOTHER lower, and consider this NEW lower to be my SBR lower, OR can I somehow have it switched to become my new SBR lower, OR do I have to go through the entire NFA stamp registering process again, and pay an ADDITIONAL $200, to allow myself to consider this NEWLY purchased lower to be my "SBR Lower"????
I hope that I was clear in the above text. Sometimes I read back over and see I wasn't so clear. Thanks again gotm4.

[rob_s]

Since you have to have the lower you register engraved with your name and location, I would think that the answer would be obvious. If you sell off your SBR lower for some reason, and then decide that you want a new one, YES you will have to pay the $200 and register the new one.

My question to you would be, why do you plan on buying, selling, and re-buying so many lowers? Why not just register one and keep that one?

[Robb Jensen]

The lower once an NFA firearm will always be a NFA firearm (unless you write the NFA branch and have it removed from the registry). You can't just sell an NFA firearm to just anyone. They would have have an approved Form 4 for this lower (they would pay $200 just like you did). No one is going to do this for a SBR lower that you made. It's just not worth it when they can make their own SBR lower on a Form 1 for the same $200. The Form 1 and Form 4 have detailed info on the lower.

Here's a copy of my Form 1 for my LMT SBR.

http://img.photobucket.com/albums/v408/gotm4/235daec1.jpg

[Army Chief]

As stated, the long-standing rule of thumb with respect to NFA management is to determine which part of the weapon is the "firearm" in the eyes of U.S. law. Normally, that is determined by the serial numbered component, which in the case of the AR-15/M-16 is the lower receiver. It can get confusing, however, as that is not always the case. For example. with an FN FAL, the upper receiver is the serial numbered component, and most German firearms will bear serial numbers on both receivers -- in addition to the barrel -- even though the lower receiver of such a weapon will still normally be the "firearm" under our law.

In the case of an NFA SBR registration of an AR-type weapon, the upper receiver is irrelevant: the registered lower will always be an SBR in the eyes of the law, no matter what barrel length sits above it. Put a 24" sniper barrel on an SBR-registered receiver, and you've still got an SBR in the eyes of the law. This isn't nearly as confusing in the case of weapons like the AK or others which aren't quite so modular, but the point is that you have to stop thinking about how the weapon may actually be configured, and start thinking in terms of the legal classifaction of your lower receiver.

An SBR-registered lower receiver must always be handled, stored, transported, and disposed of in accordance with NFA laws, so no ... you couldn't just resell it later, unless (a) it was removed from the NFA registry and equipped with a 16" or longer barrel, or (b) the purchaser went through the full NFA process to transfer it as an SBR (you don't "sell" Class III weapons, you "transfer" them via a specific process that must involve NFA approval). Should your registered SBR receiver ever be damaged beyond repair or destroyed, you couldn't just install your 10" upper on another AR in your safe because you once had the papers to possess an SBR. Why is that? Well, this is where most people new to the world of Class III weapons get confused ...

NFA registration (be it for an SBR, a destructive device, a machinegun or a suppressor) is not a license to possess a certain class of weapon; it is an authorization to own a single example of an individual weapon with a specific serial number. You aren't applying for an "SBR license" when you register your lower; you are applying for permission to own one rifle, serial number so-and-so, in an SBR format.

Bottom line: NFA registration always follows the registered receiver -- not the owner.

Chief

[Razorhunter]

Ok thanks guys.
I had NO idea it had to be ENGRAVED with my name/location?
I've never heard that before, and my answer to rob s would be that I DO NOT plan on buying "so many" lowers and reselling them.
When did I ever mention that?
I just wanted to know how things worked, IF I did ever want to sell my SBR lower, and buy a new one.
Thanks so much.

[rob_s]

I just wanted to know how things worked, IF I did ever want to sell my SBR lower, and buy a new one.


I'm still having a hard time understanding why you would do this. Absolute worst case scenario, if I owned an engraved SBR, I'd completely part it out and sell off all the parts that I could and just keep the stripped, registered, lower receiver in the safe until such time as I recovered financially and could build it back up.

Regardless of whether you do it once or 10 times, why would you sell an SBR lower and buy a new one?:confused:

[rob_s]

An NFA registration (be it for an SBR, a destructive device, a machinegun or a suppressor) is NOT a license to possess a certain class of weapon; it is an authorization to own a single example of an individual weapon of whatever class with a specific serial number. You aren't applying for an SBR license when you register your lower; you are applying for permission to own one specific rifle in an SBR format.


This has to be the most common misconception regarding Class III items. I hear things all the time like "yeah, my brother in law has an M16. He has a license to own full auto guns". I don't know where this misconception started, or why it is so prevalent, but you hear similar things over and over and over again.

[Robb Jensen]

This has to be the most common misconception regarding Class III items.

It's just the ignorant speaking about stuff that they don't understand.
All kinds of weird stuff is said in the gun business.