newbi question on 870

[Hmac]

Hmmmm that's not entirely accurate from my understanding. You don't swap it in and out of being an SBS every time you change the barrel . . . it either is, or it isn't, and that's independent of which barrel it's wearing at the time. Remember that the "firearm" is the receiver, not the barrel. Even if you put a longer barrel on it, it's still legally an SBS for legal purposes, and you still have to report state line crossings and carry your paperwork. If you sell it as a shotgun not a short barreled shotgun, or destroy the paperwork, then the SBS registration becomes invalid and it reverts to being a shotgun . . . and if you put that short barrel back on without applying for a new tax stamp, you're making an illegal SBS even if it was previously registered as one.

As an analogy, you have to register a pistol as a SBR in order to put a stock on it. A friend of mine who lives in a state where concealed carry licenses are only for handguns has a Glock 17 that he's registered as an SBR in order to use it on a carbine conversion kit that attaches a stock to it. Even when it's in physical pistol not carbine configuration, it's still legally considered a rifle (short barreled rifle to be specific) not a pistol so he can't concealed carry it.

Actually, that's not correct. If a shotgun has a barrel longer than 18 inches on it, it's not an SBS and not subject to NFA regardless of whether or not the receiver is registered as an SBS. By swapping barrels at will, you can swap it in and out of being an SBS as long as you don't "retain control" of the parts necessary to return it to an NFA firearm. If you store it with the long barrel installed with the 14 inch barrel sitting next to it in your safe, it's an SBS. If you take it out of state with the long barrel installed, it's not an SBS unless you take the 14 inch barrel with you. If you take the barrel off, you can sell the receiver as a standard Title I firearm unless you sell the guy the 14 inch barrel at the same time.

Here's the relevant part of the BATFE FAQ.

http://www.atf.gov/firearms/faq/nati...-shotguns.html

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 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: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
If the possessor retains control over the barrel or other parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law.


Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.

Q: If I remove the short barrel from my SBR or SBS, may I move the firearm across state lines without the submission of ATF Form 5320.20, Application to Transport or to Temporarily Export Certain Firearms?
If the registrant retains control over the parts required to assemble the SBR or SBS, the firearm is still be subject to all requirements of the NFA. ATF recommends contacting law enforcement officials in the destination state to ensure compliance with state and local law.


Q: May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.


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?
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.

[Chameleox]

You have a decent shotgun. You have it registered as an SBS. You have the short barrel, meaning that you don't have to go looking for a barrel that's going to be somewhat hard to find these days.

Why not just get another barrel at a length that you find more useful, keep both barrels and the shotgun, and get another gun later? Like others said, just because its registered as an SBS doesn't mean that you have to barrel it like an SBS. You might find a use for it in either configuration, or you might enjoy just taking it out and putting a box of shells through it from time to time.

[talaananthes]

Hmac, are you a lawyer? Because if not, I wouldn't give that advice, it directly contradicts legal advice given to someone I know--that is, that as long as the weapon is registered as an NFA weapon, and you own the parts ANYWHERE (ie, the gun is with you in your car, the short barrel is in your gun safe at home) it's still legally an NFA weapon. Reference said Glock 17 that's a short barreled rifle not a pistol, even when it doesn't have the stock attached.

[Hmac]

Hmac, are you a lawyer? Because if not, I wouldn't give that advice, it directly contradicts legal advice given to someone I know--that is, that as long as the weapon is registered as an NFA weapon, and you own the parts ANYWHERE (ie, the gun is with you in your car, the short barrel is in your gun safe at home) it's still legally an NFA weapon. Reference said Glock 17 that's a short barreled rifle not a pistol, even when it doesn't have the stock attached.

Did you read the FAQ? I think your second-hand legal info is pretty much worth what you paid for it.

[Shoulderthinggoesup]

He did link directly the the BAFTE FAQ on the subject.....

[Hmac]

He did link directly the the BAFTE FAQ on the subject.....

Yeah, I'm gonna go with that rather than the opinion of some guy on the Internet who talked to a guy who talked to a guy who got apparently bad advice from a lawyer about something completely unrelated.




^

[talaananthes]

Yes, I read the FAQ. What you're misinterpreting (this is not heard from a guy who heard from a guy) is that just leaving the short barrel at home when you take it across state lines does not a GCA firearm make. "Retain control" does not mean you have to have it accessible right now three states away. Still having it in your gun locker at home is retaining control.

As long as you own the parts, it's an SBS.

If you ever unmake the SBS (and make and unmake in this context are legal terms not physical terms, and have no bearing to actually changing the barrel), then you can't make it again without refiling paperwork and paying a new tax stamp. It's always an SBS until it stops being one, and when it stops being one, you can't go back to it being one without going through the paperwork all over again.

There is nothing in the FAQ that contradicts that.

[Hmac]

Yes, I read the FAQ. What you're misinterpreting (this is not heard from a guy who heard from a guy) is that just leaving the short barrel at home when you take it across state lines does not a GCA firearm make. "Retain control" does not mean you have to have it accessible right now three states away. Still having it in your gun locker at home is retaining control.

As long as you own the parts, it's an SBS.

ng through the paperwork all over again.

There is nothing in the FAQ that contradicts that.

Or perhaps it's you that is misinterpreting "retains control of".