SBR hunting question. State line crossed.

[czgunner]

I am going for a deer hunt in Eastern WA. To get here we will be crossing to Oregon, and then back across North into WA for the hunt.
If I separate the upper and lower and do not use or touch in OR do I need to file the 5320.20?

[daddyusmaximus]

Don't know for sure, (not a lawyer) but I'd suggest you find an alternate route.

Maybe you could put a 16" upper on it for the trip, and the short upper on a pistol lower...

[MegademiC]

To be by-the letter, just throw a 16”upper on it and keep the other separate.

[mack7.62]

Out of my lane here but to my thinking the SN'd engraved lower "is" the SBR in the eyes of the ATF, doesn't matter if it has an upper attached or not. Kinda like with a M2 carbine, doesn't matter if has all M1 parts if receiver is marked M2 it's a machine gun in the eyes of the ATF.

[docsherm]

Out of my lane here but to my thinking the SN'd engraved lower "is" the SBR in the eyes of the ATF, doesn't matter if it has an upper attached or not. Kinda like with a M2 carbine, doesn't matter if has all M1 parts if receiver is marked M2 it's a machine gun in the eyes of the ATF.

That is not correct. If an SBR lower is without an upper at all it is a lower. It is only an SBR if it is configured as one. With a 16" barrel it is a rifle.


OP- put a brace on it while traveling. Problem solved.

[ggammell]

That is not correct. If an SBR lower is without an upper at all it is a lower. It is only an SBR if it is configured as one. With a 16" barrel it is a rifle.


OP- put a brace on it while traveling. Problem solved.

Wouldn’t you have to change the receive extension tube to do that?

[Alphasig]

If it is assembled or reassembled in a different state as a SBR a form 20 is needed. If you place a different non sbr upper on it ie 16” the SBR is no longer a SBR. I travel to other states with my SBR and I do the form 20. It takes about 2-3 month to get a approved. So you will need to plan ahead. I normally do year long form.


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[czgunner]

Thanks for the tips guys.
I think I will put a 16” upper on it for the trip and swap uppers when I get to our spot. Maybe even pull the stock.
I thought we were driving through WA until yesterday or I would have submitted the 5320.20

[ndmiller]

I've always filled the form out with the destination of where the SBR will be temporarily, never all the state I travelled through. I fill out a handful once a year for all the places I'll be visiting and make each a year long form. Been doing this for almost a decade.

[ggammell]

I've always filled the form out with the destination of where the SBR will be temporarily, never all the state I travelled through. I fill out a handful once a year for all the places I'll be visiting and make each a year long form. Been doing this for almost a decade.

I think you’re missing his point. He’s ending up in his home state but his route takes him through another to get there. You can’t form travel to what is your home state.