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Thread: Application to transport SBR denied. What to do?

  1. #21
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    Quote Originally Posted by Iraqgunz View Post
    Nope and the BATFE has stated this MULTIPLE times. They suggest doing so, but have stated time and again on their FAQ's page that there is no requirement to do so. Searching the forum will yield dozens of hit of this being discussed and answered before.
    Exactly.

    Without an upper attached, it's a Title I firearm and you can sell it with no NFA paperwork and travel without approval.
    With a 16" upper attached, it's also a Title I firearm and you can sell it with no NFA paperwork, travel without approval, and hunt where SBRs aren't allowed.

  2. #22
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    Quote Originally Posted by BigWaylon View Post
    What I was trying to say before...if you're allowed to have a lower in CT, take it as a lower. No 5320.20 required, so no approval/denial possible. Just take it.

    If at some point you want to reassemble/reconfigure it into an SBR...you can file a 5320.20 at that point, include a letter saying it was transported in a non-NFA configuration, and you'd like the 5320.20 mailed to your new address instead of the old (which would normally be where it goes since you need approval before you take it with you).

    But if you're not allowed to have the lower with you for some reason (CT state law) you could leave it with a friend or relative for the time being. If it's just the lower, no NFA transfer has taken place.
    You read my mind.
    "Stand your ground; don't fire unless fired upon, but if they mean to have a war, let it begin here."-Captain John Parker

  3. #23
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    Quote Originally Posted by Iraqgunz View Post
    Nope and the BATFE has stated this MULTIPLE times. They suggest doing so, but have stated time and again on their FAQ's page that there is no requirement to do so. Searching the forum will yield dozens of hit of this being discussed and answered before.
    I did not know that. So just to be clear, if I have a Colt 6933 and I put a 6920 upper on it, it is no longer a registered SBR? What if I still have the 6933 upper in my possession? Not doubting you, but this is just another bizarre ATF determination.

    If I field strip a SBR did I just unregister it?
    It's hard to be a ACLU hating, philosophically Libertarian, socially liberal, fiscally conservative, scientifically grounded, agnostic, porn admiring gun owner who believes in self determination.

    Chuck, we miss ya man.

    كافر

  4. #24
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    Quote Originally Posted by SteyrAUG View Post
    I did not know that. So just to be clear, if I have a Colt 6933 and I put a 6920 upper on it, it is no longer a registered SBR? What if I still have the 6933 upper in my possession? Not doubting you, but this is just another bizarre ATF determination.

    If I field strip a SBR did I just unregister it?
    It doesn’t matter what it’s registered as, it matters what it is.

  5. #25
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    Quote Originally Posted by SteyrAUG View Post
    I did not know that. So just to be clear, if I have a Colt 6933 and I put a 6920 upper on it, it is no longer a registered SBR? What if I still have the 6933 upper in my possession? Not doubting you, but this is just another bizarre ATF determination.

    If I field strip a SBR did I just unregister it?
    Thompson Contender VS. USA said that as long as you had a lawful way to assemble all of the firearms (such as a pistol lower for the short upper), it would not be subject to NFA; i.e., just because you COULD assemble them in an NFA manner does not mean they can charge/prosecute if you have a lawful non-NFA way of assembling them.
    Last edited by eodinert; 11-03-18 at 07:04.

  6. #26
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    Quote Originally Posted by SteyrAUG View Post
    I did not know that. So just to be clear, if I have a Colt 6933 and I put a 6920 upper on it, it is no longer a registered SBR? What if I still have the 6933 upper in my possession? Not doubting you, but this is just another bizarre ATF determination.

    If I field strip a SBR did I just unregister it?
    As mentioned above...it doesn't unregister it. It simply removes it from the purview of NFA regulations. Here are a couple of the FAQ (they've changed the format and not all of these are on the website anymore) that give you an idea of what we're trying to say.

    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?
    A: 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.

    Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
    A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.

    Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
    A: While a receiver alone may be classified as a firearm under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR).

    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: 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?
    A: 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?
    A: 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.


    ...and as far as "retains possession" they're meaning with you at the moment, not that you own them and they're stored somewhere else. So you could travel with the 16" AR and the short upper of you had no other legal use for the short upper. Read the last paragraph on page 2 here: https://www.guntrustlawyer.com/files...tate-lines.pdf

  7. #27
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    The CT Republican candidate for governor, Bob Stefanowski has an “Aq” rating from the NRA. Quick research indicates a split state senate and slight edge currently to the sate assembly for D’s. Idk how conservative a Connecticut Republican is, but perhaps if a fire is lit under them, they can repeal some of this bullshit passed in CT.

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