Is it a SBR if you have a 10 barreled receiver. WITHOUT the bolt in your possession. It can be at a different residence than what I own several states away.

I'm thinking no since.its. readily restored.

I think it can be shortened without removing action but the barrel is pinned or something.funky.

It insanely accurate  so I don't want to mess with it. It shot even better when it went from 24 to 16.5

If you have a rifled barrel under 16" installed in a receiver it is a short barreled rifle since AFT considers even a stripped receiver to be a firearm.

No Bolt or otherwise temporarily disabled doesn’t make something not an SBR


What is it? A bolt gun?

Form 1 applications are only taking days to be approved now.

Yes remington 581 single shot 22

Well, if you don't have a stock on it, its not a rifle, so it cant be an SBR (until a stock is put on it).

These two statements seem to be at odds. My understanding is that no stock means it's not a rifle so it also can't be an SBR.

If it was first manufactured as a rifle (which this most likely was), it's still considered a rifle if the stock is removed, just in a "knock-down" configuration.

Had not considered the second when I wrote the first.

I have read this anecdotally, but never seen the the AFT rule that says so in writing on their site, and I have looked.

Not saying you are wrong, but do you have a link?

ATF Ruling 2011-4

Here's where ATF states a disassembled rifle is still a rifle, in "knockdown" condition:
https://www.atf.gov/file/55526/download

Note they mean with all parts to make a rifle again.
Without a stock, you can't make a rifle. So if there's no stock present, it doesn't really matter what the barrel length currently is.*

On the other hand, one is prohibited from taking what was originally a factory Title I rifle and making a pistol or SBR out of it (without NFA registering it) so this is where you've got to be aware of "constructive possession". If you can swap a 16"(+) barrel onto it, and that longer barrel is present then it's part of your "collection of parts" so then it's ok to have a stock nearby (or in that collection of parts) as per the T/C case. You can have a short barrel next to that long barrel too, but you simply mustn't use it (on your rifle receiver).

Stock + short barrel (with no lawful assembly options due to absence of additional parts) can result in (constructive) SBR possession, which is simply charged as possession in federal court.

*An example would be when I have a semi-auto MP5 clone and I like to use it with my registered MG conversion pack sometimes. Let's say this one started life as a Title I 9mm rifle with a 16" barrel. I then have the barrel shortened to 9" which is no problem while the MG pack is installed. Now if I take the MG conversion device out, and take the stock with it, I can leave that short-barreled action chilling in a disassembled state. No stock means no SBR. (So when I sent that stripped 16" barreled action to my gunsmith, and got it back later with a shorter barrel, he didn't transfer any SBR either, since there was no stock involved.)

Then I go off with my C93 Pistol and convert it into an HK53 clone with that same registered MG pack. Cool. Now I can have a stock on it. Stock comes off when the MG pack leaves, so no SBR there either. (Just don't store it disassembled with the stock present.)

Some people don't like to have to leave their HK sear hosts disassembled like that, so they SBR all of them, but it isn't a requirement.

Or take, for example, a SBR'd PS90. Remove the stock and leave it at home. Bring the barreled action to the gun show and sell it with no stock. You just sold a Title I barreled action, not a SBR. For the new owner to possess that with a stock (even in the vicinity) he either needs to re-install a 16" barrel first, or register it as a SBR first (and in that latter scenario, hopefully you already sent ATF a letter stating it was no longer in Title II configuration, so he'll be able to register it again with no hassle).

In OP's case, if you want it to have a 10" barrel then register it as a SBR first. Then take the stock off, and don't possess it with the barreled action, if at any time you desire to not possess the firearm as a SBR.

It is directly in the definition of SBR - 18 USC § 921(a)(8) - The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.