How to SBR Your Lower by Scottryan

[bkb0000]

What happens if I sbr a rifle, but being in the military, get stationed in another state?

you notify the ATF that you moved. if you get stationed in a ban state, you'll have to secure-store your SBR in a non-ban state.

[tx.infidel.247]

...to be on the safe side, I had an attorney draw up a revocable trust for me. Saves time and the aggravation in regard to my local Sheriff in TX not/not signing ATF forms. Between my my local FFL/SOT and attorney (who is a big NFA guy and posts on various boards), I have all bases covered. It cost me $450, but it's worth it in my opinion. NFA isn't a game you wanna get into if you're not willing to spend some money...unfortunate but true. I'll only be adding NFA pieces to the trust. The bonus is that I can call him and ask him a million questions if I want...and I know I'm getting reliable information. I'm currently in Kandahar and did all my stuff with him via email and phone...
Just my $.02

[rushca01]

Is there any problem with having an SBR lower and no uppers for it? Example: I fill out the paperwork and send it in with my proposed oal length etc..The form 1 comes back approved but it may be a few more weeks months before I buy the upper that's supposed to match the lower. Is that ok? Or what if I sell the upper several years down the road but still have the SBR lower?

[Wolverines!]

Is there any problem with having an SBR lower and no uppers for it?

Yes, you can have an SBR'd lower and no uppers, just make sure you have NO uppers shorter than 16" until you have your lower approval back.

Or what if I sell the upper several years down the road but still have the SBR lower?

I believe you should always have the "original" configuration you specified on your Form 1. In other words, you can always put different length uppers on the SBR'd lower, but should be able to go back to the original configuration, per what you specified on Form 1. If you're planning on permanently going to a different length upper (i.e. you think the 14.5" is too long and want to go with a 11.5"), then you should notify the BATF&E and have the Form 1 revised. I'm not sure how strict the BATF&E is with this, as the AR platform is so modular.

My two cents and I am != lawyer.

[tx.infidel.247]

Rgr that what Wolverine said.
You can have all the shorty uppers you want. You'll get into hot water if you have non SBRd lowers...mounted to them or not.
You could, however, buy a shorty upper and mount it on a pistol only AR lower. Then buy/build your lower which you will have SBRd. That way you can shoot it as a pistol while you wait on your paperwork. When your stamp arrives, mount your SBRd lower and sell or keep the pistol lower.
It gets sticky if you have the upper and unmounted lowers because there is "no justification or reason" for you to have the short upper and unmounted lower, except for the fact that you intend to combine them. That's where you run into the whole constructive possession issue. Many of these facts can be argued to death by attorneys from both sides....the same with the engraving issue. My stripped receiver was "manufactured" by Mega....yet some say I'm the one "making" it into an SBR. I did research and found those lovely ATF letters that said no further engraving is needed but they advise that you add your info. Law vs. advice ?!?!?! I'm getting mine engraved just to be on the safe side. I have no issue being married to that lower for ever and ever. Talk to both of my ex wives and they'd be jealous...
My final advice is get a trust and an attorney's opinion. My job and good name are worth shelling out a few extra bucks for.

...I'm NOT a lawyer, but I did sleep in a Holid.....wait.....dirty, dusty, dingy pod last night....

[rushca01]

Form 1 and box 4h....do you fill it out or not?

[tx.infidel.247]

Form 1 Box 4h is going to be the contested "engraving" box. If you're not going to engrave, leave it blank. Although I don't feel it necessary, I will be engraving. Hence, the name of my trust, city, and state. Since you can name your trust anything you'd like, keep it short so it will fit onto the receiver if you chose to engrave. Mine is just "###### NFA TRUST"....yes I know it's just a revocable trust, since there technically isn't an "NFA" trust. If you're doing this as an individual or company, your name/company name, city and state would go here.

[Blstr88]

Just read through this whole thread, great info!

Heres a question I didnt see asked...

Could you register your lower BEFORE even buying it? I imagine the ATF would say no, but does the form ask for any specific info about the lower that you wouldnt know until you purchased it? Meaning, if I know which lower Im planning to buy, can I just fill out the paperwork and when approval gets back to me, THEN purchase a lower and get it engraved...?

[tb-av]

@Blstr88

Form 1.. Question 1... Serial number

[Blstr88]

Ah fair enough, thanks...guess I should read the form before asking questions about it

As for this individual versus trust thing, why bother with the trust? It doesnt save you money at all (infact its probably more all said and done), so whats the advantage to going that route versus individual? Unless maybe you're planning to SBR more than one lower...?