NFA Branch Responds (almost 2 years later!!)

[RetreatHell]

I know this question comes up quite often here in the NFA Forum: "What happens if I want to use a shorter length upper than what I initially registered on my Form 1?" Well, now you have an example of how you can "officially notify" the NFA Branch of BATFE of your barrel length and overall weapon length. I still don't know if it's absolutely necessary to do this, and I really wouldn't worry too much about it if you haven't. However, it does feel good to know I've got all my bases covered 'just in case.'


Well, it only took them 1 year and 8 months to get it done and reply back to me (they did apologize for the delay though, which I thought was a nice touch), but my notification letter of my SBR's barrel length change (shorter) to the NFA Branch of BATFE has finally been processed and everything's all good to go now! Although I've actually been using shorter (than initially registered) barrel length uppers on this particular SBR lower of mine ever since I got the USPS Delivery Confirmation of my letter's arrival at the NFA Branch 1 year and 8 months ago, on June 2nd, 2009.

Also, please do NOT ask me the "whys" about the numbers I came up with on barrel length, as I was an NFA/Class III boot back then and didn't know what the hell I wanted when it came to the barrel length of my SBR(s). As with all NFA Firearms rookies, I changed my mind about a million times and had all sorts of "great" ideas for different SBR setups. But I think the 6" barrel idea came from possibly buying a 9mm upper someday IIRC. Hell, it's been almost 2 years after all, so I forget things

Anyhoo, copied and scanned images of both my letter to the NFA Branch of BATFE, and their official response letter, are below:


MY LETTER TO THE NFA BRANCH OF BATFE:




THE NFA BRANCH OF BATFE'S OFFICIAL RESPONSE LETTER TO ME:

[TwoSqueeze]

Wow, I am surprised that you received anything at all when it has been that long. I think it is interesting that even though you informed them that you would be going as short as 6" and as long as 14.5" they still chose to assign 6" as your barrel length. I feel like we get caught up in the minutia as NFA item holders sometimes and get wrapped around the bit about getting a response from the NFA. I believe that you performed you dudiligence in providing them notification and at least got a delivery notification to put away with your paperwork.

Cheers,
-TS

[Coleslaw]

Waste of time really. The best thing to do if you are truly concerned (as if they really care) is on the Form 1 designate multiple barrel lengths from the get go, and qua la!!

[RetreatHell]

Waste of time really. The best thing to do if you are truly concerned (as if they really care) is on the Form 1 designate multiple barrel lengths from the get go, and qua la!!

Yup, that's what I did on the Form 1 after this one. Live and learn.

I was just shocked they even sent me this after all this time.

[CAR-AR-M16]

I just had a similar experience. I did a permanent change of barrel/overall length on my 2 machineguns. I sent a letter to NFA Branch in May 09 notifying them of the change. I just got a letter back from them the day before yesterday and they only confirmed one of the mg's. No mention of the other one.

[Iraqgunz]

I think the key word is this PERMANENT. If I read the NFA Faq's correctly it states that you must notify them of any permanent changes. Who defines permament? If I use it for 19 months and then blow out the barrel and replace it, was that permanent?

I think that the way it is set up, you are really GTG no matter what.

Let's say you were to have been stopped with your shorter than orignally registered SBR and officer Firendly busts out a tape measure and he says that the barrel length doesn't match the Form 1 or 4. What happens?

Yup, that's what I did on the Form 1 after this one. Live and learn.

I was just shocked they even sent me this after all this time.

[Coleslaw]

Officer friendly is most likely not gonna know the difference, nor what the "rules" are. If it is registered in multiple barrel lengths from the get go, the point it moot. In any case, you can swap barrels on an SBR and shoot away. If you put a 16" or better on it, it is not longer an SBR (for that moment in time) even though the receiver is registered as such. Some do this to transport where or through SBR's are prohibited. Remember though, the receiver remains an NFA item in the registry and thus must be handled/treated as such unless removed from the registry.

I will reiterate as I have said in the past, minimize your contact with the ATF and don't bother with the minutia. To be frank, it is not on the top of their list whether John Smith has a 14.5" upper or and 11.5" upper on his registered SBR on any given Sunday at the range.

[m249saw]

I had Nancy Flannigan and she just had me email her the other barrel lengths I wanted and she replied that they were noted in my chart.

Nice and simple.

[Iraqgunz]

There is no requirement to remove the lower from the registry- per BATF guidelines.

http://www.atf.gov/firearms/faq/nati...transportation

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.

Q: Is it necessary to send notification to ATF and receive acknowledgement that the SBR or SBS has been removed from the purview of the NFA before it may be sold as a GCA firearm?
There is no requirement for the possessor of a registered NFA firearm to notify ATF that the firearm has been removed from the purview of the NFA. However, ATF recommends the possessor notify the NFA Branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime. If, at the time of transfer, the firearm does not meet the definition of a SBR, it should be transferred without filing the NFA transfer application and without payment of the transfer tax.

Officer friendly is most likely not gonna know the difference, nor what the "rules" are. If it is registered in multiple barrel lengths from the get go, the point it moot. In any case, you can swap barrels on an SBR and shoot away. If you put a 16" or better on it, it is not longer an SBR (for that moment in time) even though the receiver is registered as such. Some do this to transport where or through SBR's are prohibited. Remember though, the receiver remains an NFA item in the registry and thus must be handled/treated as such unless removed from the registry.

I will reiterate as I have said in the past, minimize your contact with the ATF and don't bother with the minutia. To be frank, it is not on the top of their list whether John Smith has a 14.5" upper or and 11.5" upper on his registered SBR on any given Sunday at the range.

[Coleslaw]

An individual may have that luxury as a a $200 per item tax payer, but I wouldn't risk it personally. I don't care what the Q&A letters say, the ATF often makes the rules as they go along. If they want to f**k with you, it is your dollar spent to hire an attorney. I think this sentence is one to pay attention to:

"provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS."

Of course if you are doing something stupid enough to draw attention to yourself, the status an/or configuration of your SBR may not be your biggest concern.


An SOT does not have the luxury of adding or removing barrels to affect the determination whether or not the receiver is is a Title II firearm. It can't be transferred by the SOT as anything other than an SBR irrespective of barrel length or even no upper at all. If the receiver is in the SOT's A&D as an SBR, it remains as such unless removed from the registry.