|
||||||||||||||||||||||||||||||||||||||
AC
A few months ago I would have agreed with you.Todd squared me away and shared this link from the ATF's FAQ section:
http://www.atf.gov/firearms/faq/nati...moval-from-nfa
Here are the highlights:
Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
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 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.
"Real men have always needed to know what time it is so they are at the airfield on time, pumping rounds into savages at the right time, etc. Being able to see such in the dark while light weights were comfy in bed without using a light required luminous material." -Originally Posted by ramairthree
I had the Once a Machine Gun always a machine gun thing in my head and thought it was the same with a SBS and SBR. It is not.
"Real men have always needed to know what time it is so they are at the airfield on time, pumping rounds into savages at the right time, etc. Being able to see such in the dark while light weights were comfy in bed without using a light required luminous material." -Originally Posted by ramairthree
Still taking the time to digest your previous post, but you are tracking 100% correctly on my logical thought process to this point.
ETA: My most significant concern here would be this matter of "retaining control over the barrel or other parts required to assemble ..." Because of the way that this is worded, merely having a spare NFA-length upper in the house would seem to hold the weapon in an NFA status, even if that upper were intended for use on one of your other registered SBRs. Put another way, if you had a 16" barrel mounted on a registered SBR lower, and a sub-16" upper accessible elsewhere, you would technically still be in possession of an SBR in the eyes of the law, no? In this situation, the actual configuration of the weapon would continue to take a back seat to the receiver registration, because the SBR barrel assembly remained "under your control."
What a mess.
AC
No need to mess with that pricey lower.![]()
"Real men have always needed to know what time it is so they are at the airfield on time, pumping rounds into savages at the right time, etc. Being able to see such in the dark while light weights were comfy in bed without using a light required luminous material." -Originally Posted by ramairthree
I'm starting to think that I just need to unload the stupid thing, and wait for KAC to sell me an E3-based SBR.
AC
My thought process was going out of state and did not get ATF approval prior to the training I would leave my SBR upper at home and soap a 16" upper on my gun for the trip. Im good to go because the upper is at home in a different state. Also say your in an NFA friendly state and have to move temporarily to a non friendly state. Leave your shorty upper secure in the origional state and put a 16" upper on your lower.
Also my PD has two 870's we did paperwork on to SBS them. To sell them we just remove the 14" bbls and were good to go. I would also write a letter to ATF to remove them from the registry just to make life easier for the future owners.
"Real men have always needed to know what time it is so they are at the airfield on time, pumping rounds into savages at the right time, etc. Being able to see such in the dark while light weights were comfy in bed without using a light required luminous material." -Originally Posted by ramairthree
How does it work if traveling to a state that allows SBR's like NC coming from another state that allows them Pa?
My question is.... It it a problem for me to have a SBR in Pa and then travel to NC for a class at Blackwater? Or is it to big of a PITA to do so?
I was really hoping to have all this squared away before the Vickers HD class in Nov and hopefully by June for Advanced Pistol/Carbine...
AC, if you want to take a collectible lower and register it, you can do so. You can easily de-register it. My reading of the law is that you can put the engraving anywhere on the barrel or receiver (upper or lower) you want. I would engrave the upper if you intend to use a rail that will cover the entire barrel and do not want to mar a collectible lower.
The lower has the serial number. The serial number is what identifies the gun in the BATFE registry. However, the registration is not what makes the weapon an SBR. Only a short barrel makes it an SBR. Take the barrel off and throw it away, and it is no longer a short barrelled rifle, even though it is registered. If you will retain the short upper ("retaining control" over it) and no longer want the lower registered as an SBR, BATFE will remove if from the registry if you write them a letter requesting this. You had better then put a 16" barrelled upper on the rifle pretty quickly.
Many of the problems people have with the NFA today stem from the fact that it was not drafted with modular weapons in mind. If you think of your SBR as a permanently configured complete rifle instead of a lower with multiple uppers you can attach to it, your life will be much easier. Match a lower with an upper configured the way you want it, don't monkey with it, and move on down the road.
PITA. BATFE has a specific form you can fill out to temporarily move the SBR from one state to another. I would only do this if I was taking an SBR from one SBR friendly state (Texas) to an adjoining state (Oklahoma). Every state has its own SBR laws, and you'll be travelling over or through a bunch of them to get from PA to NC. That's a lot of different jurisdictions you need to worry about. You'll have to do a lot of research and possibly contact the BATFE to figure out the proper process for doing what you want to do. Why bother? Just take a regular rifle.
+1.
Bookmarks