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Posted: 12/25/2011 3:18:11 PM EDT
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Alright, had a question regarding SBRs that a Google search just isn't doing the trick for:
Living in Austin right now, with SBR friendly laws and a CLEO who's more than happy to sign off on whatever. Unfortunately, the company I work for is based out of Seattle (  ), and there's a more than slight chance that I'll be sent to Washington at the conclusion of the project I'm working on right now. If I were to register an AR lower as a SBR, could I put a 16" upper on it and take it with me? Or is it at that point forbidden from SBR unfriendly states period?
I can't imagine the ATF being too happy to get a 5320.20 for an SBR registered lower going to washington 
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| Well, if you were to submit an ATF 5320.20 to move it to Washington, the ATF will disapprove it. As long as it's still registered as an SBR, it legally can't be taken to Washington. You could remove the SBR from the NFA registry, and then put a >16" barrel on the receiver and you would be good to go, but you would be out the $200 tax. If you have family/trusted friends in an SBR friendly state, you could set up the rifle in a trust, and add them as trustees. If you get sent to Washington, you can transfer the NFA weapons to said friend/relative and leave it in their care until you decide to leave Washington or the laws change. The benefit of this is that you don't lose the weapon and you don't have to pay the $200 tax and wait the 6 months to transfer it to another trustee. |
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Quoted:
Well, if you were to submit an ATF 5320.20 to move it to Washington, the ATF will disapprove it. As long as it's still registered as an SBR, it legally can't be taken to Washington. You could remove the SBR from the NFA registry, and then put a >16" barrel on the receiver and you would be good to go, but you would be out the $200 tax. If you have family/trusted friends in an SBR friendly state, you could set up the rifle in a trust, and add them as trustees. If you get sent to Washington, you can transfer the NFA weapons to said friend/relative and leave it in their care until you decide to leave Washington or the laws change. The benefit of this is that you don't lose the weapon and you don't have to pay the $200 tax and wait the 6 months to transfer it to another trustee. Incorrect. 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. |
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Quoted:
Quoted:
Well, if you were to submit an ATF 5320.20 to move it to Washington, the ATF will disapprove it. As long as it's still registered as an SBR, it legally can't be taken to Washington. You could remove the SBR from the NFA registry, and then put a >16" barrel on the receiver and you would be good to go, but you would be out the $200 tax. If you have family/trusted friends in an SBR friendly state, you could set up the rifle in a trust, and add them as trustees. If you get sent to Washington, you can transfer the NFA weapons to said friend/relative and leave it in their care until you decide to leave Washington or the laws change. The benefit of this is that you don't lose the weapon and you don't have to pay the $200 tax and wait the 6 months to transfer it to another trustee. Incorrect. 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. As I read that, the installation of a 16" barrel would declassify it as an SBR in the ATF's eyes, relieving me of responsibility to report change of address and making it perfectly WA kosher. Is that excerpt from an official ATF letter? ETA: Nevermind, found it on the ATF's website, feel a little daft not finding it there myself
Alright, so upon return to a free state, all I would need to do is declare my updated address before slapping a short barrel upper back on? |
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Quoted:
Call them and ask about the form to transfer it. If it's reg'd in Texas you'll most likely need to get the change of addy form approved before bringing the NFA SBR into the state with you. If he puts a >16" upper on it before leaving Texas, it is no longer under the purview of the NFA. |
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Quoted:
Quoted:
Call them and ask about the form to transfer it. If it's reg'd in Texas you'll most likely need to get the change of addy form approved before bringing the NFA SBR into the state with you. If he puts a >16" upper on it before leaving Texas, it is no longer under the purview of the NFA. True. Once you move back to an NFA friendly state you can put the <16 barrel on it without filling out another form. OR You can buy another Title 1 stripped lower to use and leave the Tax stamp, registered lower & short barrel in a Post Office Box till you move back or to another state. |
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Rob, you understand that there is nearly a 5-6 month wait on form 1 right?
Quoted:
Alright, had a question regarding SBRs that a Google search just isn't doing the trick for: Living in Austin right now, with SBR friendly laws and a CLEO who's more than happy to sign off on whatever. Unfortunately, the company I work for is based out of Seattle ( ), and there's a more than slight chance that I'll be sent to Washington at the conclusion of the project I'm working on right now. If I were to register an AR lower as a SBR, could I put a 16" upper on it and take it with me? Or is it at that point forbidden from SBR unfriendly states period?
I can't imagine the ATF being too happy to get a 5320.20 for an SBR registered lower going to washington |
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Quoted:
Rob, you understand that there is nearly a 5-6 month wait on form 1 right? Quoted:
Alright, had a question regarding SBRs that a Google search just isn't doing the trick for: Living in Austin right now, with SBR friendly laws and a CLEO who's more than happy to sign off on whatever. Unfortunately, the company I work for is based out of Seattle ( ), and there's a more than slight chance that I'll be sent to Washington at the conclusion of the project I'm working on right now. If I were to register an AR lower as a SBR, could I put a 16" upper on it and take it with me? Or is it at that point forbidden from SBR unfriendly states period?
I can't imagine the ATF being too happy to get a 5320.20 for an SBR registered lower going to washington Sure do, waiting on an AAC 762-SD as we speak
Won't be moving anywhere till late July, so an SBR tax stamp might just get back to me before I leave. If not, it'll be waiting for me when I get back. This won't be a permanent move, so I don't have a huge problem going about it this way. For all of y'all, thanks for the quick responses 
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| I follow the Washington HTF, there is a bill in the works to removed the state ban on SBR and SBS. Considering this past year they were able to remove the ban on the use of Suppresors, Was always legal to own but was a misdemeanor to use within the state. There might be a good chance to repeal the SBR/SBS ban. |
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Quoted:
I follow the Washington HTF, there is a bill in the works to removed the state ban on SBR and SBS. Considering this past year they were able to remove the ban on the use of Suppresors, Was always legal to own but was a misdemeanor to use within the state. There might be a good chance to repeal the SBR/SBS ban. Here's hoping that passes and I can take all my toys with me 
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