Overseas Move as an NFA Owner

[Texpatriate]

So my family and I are considering a move overseas for a few years. I own an SBR, and obviously I can’t take it with me. So other than selling the SBR, what are my options? I’m a Texas resident, and the SBR is registered in my name, not a trust. My parents and brother also live in Texas, so I’m wondering if the best option would be to form a trust and transfer the SBR to the trust held with my brother and possibly dad. Brother has some NFA items of his own but they are registered in his name and not a trust. As far as my other non-NFA firearms are concerned, I was planning to leave them with my dad or brother until we move back to the U.S. Anyone walked this path before and have any advice? Thanks.

[ginzomatic]

have you considered a safety deposit box?

[Hmac]

If you put a barrel or upper that is longer than 16 inches on it, it’s no longer an NFA item. You could give it to your relatives to keep until you return.

[BigWaylon]

Pick one:
1. Reconfigure it into a non-NFA firearm by installing a 16” upper (could sell the short upper, or install it on a braces lower, or several other options)
2. Store the lower in a safe deposit box and do something else with the upper (or store both in the box if possible)
3. Lock it up in a container and leave it with family, along with a copy of the F1/F4 and a letter stating you’ve left it with them for storage

[easy]

If you put a barrel or upper that is longer than 16 inches on it, it’s no longer an NFA item. You could give it to your relatives to keep until you return.

Ok, technically 'no longer an SBR', but is the lower still a registered NFA item? The lower is the serialized and taxed part is it not?

[BigWaylon]

Ok, technically 'no longer an SBR', but is the lower still a registered NFA item? The lower is the serialized and taxed part is it not?

Yes. But it’s not under the purview of the NFA if not figured as an NFA firearm.

Meaning I can:
1. Remove the upper and sell the lower with no NFA paperwork
2. Remove the upper and travel with the lower across state lines with no paperwork
3. Swap to a 16” upper and sell the complete rifle with no NFA paperwork
4. Swap to a 16” upper and travel with no paperwork
5. Swap to a 16” upper and hunt where SBRs are prohibited for that use

[p7fl]

Banks are not an issue. I downsized a few years ago. Walked into a Bank of America , told them I was renting a box for gun storage.
They smiled when I came back with a bunch of subguns and MGs. Guard even helped carry everything.

Question for the OP. Why not just put a lock on your NFA lower, keep the key, leave it in your brother's safe and he won't have access to it?

[ginzomatic]

Yes. But it’s not under the purview of the NFA if not figured as an NFA firearm.

Meaning I can:
1. Remove the upper and sell the lower with no NFA paperwork
2. Remove the upper and travel with the lower across state lines with no paperwork
3. Swap to a 16” upper and sell the complete rifle with no NFA paperwork
4. Swap to a 16” upper and travel with no paperwork
5. Swap to a 16” upper and hunt where SBRs are prohibited for that use

that's good to know- thanks

[Hmac]

Yes. But it’s not under the purview of the NFA if not figured as an NFA firearm.

Meaning I can:
1. Remove the upper and sell the lower with no NFA paperwork
2. Remove the upper and travel with the lower across state lines with no paperwork
3. Swap to a 16” upper and sell the complete rifle with no NFA paperwork
4. Swap to a 16” upper and travel with no paperwork
5. Swap to a 16” upper and hunt where SBRs are prohibited for that use

So...#6 might be “Swap the upper to a 16” (or remove it) and give it to your father or brother to store for awhile”.

[Hmac]

Ok, technically 'no longer an SBR', but is the lower still a registered NFA item? The lower is the serialized and taxed part is it not?

Doesn’t matter. The law prohibits the possession of the SBR, not the “NFA registered lower”. If it doesn’t have a short barrel, it’s not an SBR.

This stuff isn’t spelled out clearly in the language of the NFA but it is/was part of their NFA FAQ on the ATF website. People way overthink this issue.