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Tacked SBR FAQ (Page 9 of 26)
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Link Posted: 12/12/2005 6:09:28 PM EDT
[#1]

Originally Posted By jtl1952:
Just so you don't change your mind - BTAF has sent back forms that were on two seperate sheets.  Two sided on a single sheet is the ONLY way to go.



Figured as much.  :)

After I got 2 copies printed that way, they looked so much better.

How do I affix the passport photo, with tape?
Link Posted: 12/12/2005 7:11:17 PM EDT
[#2]

Originally Posted By DrJester:

Originally Posted By jtl1952:
Just so you don't change your mind - BTAF has sent back forms that were on two seperate sheets.  Two sided on a single sheet is the ONLY way to go.



Figured as much.  :)

After I got 2 copies printed that way, they looked so much better.

How do I affix the passport photo, with tape?



2-sided tape.

Don't even bother with glue sticks, it may work OK for paper to paper, but not photo paper to paper, it peels off way to easy.
Link Posted: 12/16/2005 8:30:27 PM EDT
[#3]
Two questions. How old do you have to be to own an SBR? and If I had it rregistered to say a family member, can you transfer a SBR within a family like you can transfer a normal firearm, you not having to pay a fee? So what I'm asking is can you transfer the gun to an imediate family member without paying the $200 tax?
Link Posted: 12/16/2005 8:43:16 PM EDT
[#4]

Originally Posted By unclemoak:
Two questions. How old do you have to be to own an SBR? and If I had it rregistered to say a family member, can you transfer a SBR within a family like you can transfer a normal firearm, you not having to pay a fee? So what I'm asking is can you transfer the gun to an imediate family member without paying the $200 tax?



21 for all NFA items.

Any transfer of possession requires payment of $200 tax.

I beleive even inheritance requires $200, but i am not positive on that.
Link Posted: 12/17/2005 12:31:53 AM EDT
[#5]
Link Posted: 12/17/2005 11:38:47 AM EDT
[#6]
So.....what if I start a corporation? Would it be valid for an 18 y.o. to start a corporation and then the corp own the gun? Would I run into problems if I had possession of the gun being under 21?
Link Posted: 12/24/2005 11:25:42 AM EDT
[#7]
Can the president of a Corporation use the corporations address for his class III transfers?
Link Posted: 12/24/2005 11:31:43 AM EDT
[#8]

Originally Posted By unclemoak:
So.....what if I start a corporation? Would it be valid for an 18 y.o. to start a corporation and then the corp own the gun? Would I run into problems if I had possession of the gun being under 21?



You would still have to meet the legal restrictions on possesing the firearm, so you could not, but any other officers that meet the age requirements can. It would not be a way around possesing that which you could not otherwise, ie: felon, too young, etc
Cheers,
Dave
Link Posted: 12/24/2005 10:26:10 PM EDT
[#9]
Question....Still can't figure it out. I have a Bushmaster with an 11.5" bbl and 5.5" permanent flash hider. I'm planning on removing my FH and converting it into an SBR. If I measure the rifle OAL it would still be (when I remove the FH) 26.25 "with the stock collapsed and 30.25" with it extended. Which measurement should I write on the paperwork?

Thanks/Al
Link Posted: 12/24/2005 10:39:08 PM EDT
[#10]

Originally Posted By aecasasus:
Question....Still can't figure it out. I have a Bushmaster with an 11.5" bbl and 5.5" permanent flash hider. I'm planning on removing my FH and converting it into an SBR. If I measure the rifle OAL it would still be (when I remove the FH) 26.25 "with the stock collapsed and 30.25" with it extended. Which measurement should I write on the paperwork?

Thanks/Al



ATF measures with the stock extended. That's what was put on mine.

Also, for those printing out photos on photo paper:

i had a problem printing pics. They always smeared, no matter what kind of photo paper or settings. Normally i print the photos directly on the form. But my dealer didn't delete the text, so that's not an option. So, i printed out photos, and taped over the top with clear packing tape. Then trimmed the photo to fit. It keeps the glossy appearance, but won't smear. Looks great on my forms. Then just hit em up with double sided tape and you're good to go!
Link Posted: 12/25/2005 8:27:02 AM EDT
[#11]
Link Posted: 12/29/2005 3:10:03 PM EDT
[#12]
Reading through all 16 pages I can't find a definitive answer about what to put in 4b for Type of Firearm: is SBR sufficient or should it be "short barreled rifle" spelled out?

Thanks
Link Posted: 12/29/2005 5:49:37 PM EDT
[Last Edit: fq1234] [#13]

Originally Posted By FMJ3:
Reading through all 16 pages I can't find a definitive answer about what to put in 4b for Type of Firearm: is SBR sufficient or should it be "short barreled rifle" spelled out?

Thanks



Play it safe and spell it out.
Link Posted: 12/30/2005 2:11:41 PM EDT
[#14]
The electronic form available at titleii.com uses Short Bbl Rifle.  I just got one back yesterday (approved Dec 23) from BTAF like this.  If you are not using the electronic form, you should.  It's really convenient.  Look in the tacked thread at the top of this forum for all the NFA forms.
-JT
Link Posted: 1/3/2006 10:05:21 PM EDT
[Last Edit: jj01] [#15]
I found out today that my CLEO won’t sign.

I do have an S-Corp, however, it was setup for my computer consulting business, not related to firearms. Would I be able to purchase an SBR through my S-Corp? If so, my first purchase will be a M169, which is a suppressed SBR upper. Will I need to get two stamps, one for the sbr and one for the suppressor? Can the S-Corp purchase the suppressor, or do different rules apply to suppressors.

Edit
I do realize that it will require a designated lower.
Link Posted: 1/3/2006 10:41:43 PM EDT
[#16]
If the suppressor is not perm. attached you will need 2 tax stamps, one for your lower and the other for your suppressor.
Link Posted: 1/3/2006 10:56:52 PM EDT
[#17]
An MP5SD (last I heard) requires 2 stamps even though the can is perm attached.....

I thought about the same thing as you did but maybe if the OAL of the barrel/can combo is over 16" then no prob
Link Posted: 1/4/2006 2:17:12 AM EDT
[Last Edit: FlyingFive0] [#18]
Yep, as long as the end result is over 16" for the barrel and perm. attached you should only need one tax stamp.
Link Posted: 1/4/2006 1:42:12 PM EDT
[#19]

Originally Posted By jj01:
I found out today that my CLEO won’t sign.

I do have an S-Corp, however, it was setup for my computer consulting business, not related to firearms. Would I be able to purchase an SBR through my S-Corp? If so, my first purchase will be a M169, which is a suppressed SBR upper. Will I need to get two stamps, one for the sbr and one for the suppressor? Can the S-Corp purchase the suppressor, or do different rules apply to suppressors.

Edit
I do realize that it will require a designated lower.



As I understand it the M169 will be 14.5 with suppressor - I guess I'll need both.
Link Posted: 1/4/2006 11:18:23 PM EDT
[Last Edit: Dace] [#20]

Originally Posted By jj01:
I found out today that my CLEO won’t sign.

I do have an S-Corp, however, it was setup for my computer consulting business, not related to firearms. Would I be able to purchase an SBR through my S-Corp? If so, my first purchase will be a M169, which is a suppressed SBR upper. Will I need to get two stamps, one for the sbr and one for the suppressor? Can the S-Corp purchase the suppressor, or do different rules apply to suppressors.

Edit
I do realize that it will require a designated lower.



It was my understanding that when a CLEO refusal to sign off (assuming you are legally able to own an SBR in your state etc) you can petition the ATF to accept your Form without the signature or you can use an alternate person to sign it.  They have to do this as its written in the law.

Edit:  found this in another thrad.


The "FAQ ON NATIONAL FIREARMS ACT WEAPONS" by James O. Bardwell says, "Copy the refusal letters, and send the copies to the NFA Branch of ATF. Some CLEO's may refuse to even provide a response in writing. Just indicating that the CLEO refused to sign, and also refused to provide a written response, should be sufficient. Ask ATF to designate other persons whose signature would be acceptable, as the ones listed in the regulation would not sign. They are required to do this by the same regulation, it is the 'safety valve' for when none of the designated persons will sign. ATF will almost certainly say that they will accept the certification of a state judge who has jurisdiction over where you live (same as the chief, D.A. and sheriff in step 1, they have to have jurisdiction over where you live, although the regulation doesn't say that, just the Form 4) and who is a judge of a court of general jurisdiction, that is a trial court that can (by law) hear any civil or criminal case. No limit as to dollar amount in civil cases, or type of crime in criminal cases. No small claims court or traffic court type judges, in other words."

Link Posted: 1/8/2006 6:50:57 PM EDT
[#21]
Ok, I have been reading this thread and still see conflicting advice. I am looking into building a SBR here in PA. Should have no issues with my background or having CLEO sign off. A Class III dealer around here went over the Form I with me and after reading some of this tread, I'm not sure he knows what the hell he's talking about. For instance, he said I would have to have the complete rifle assembled prior to approval. Said I am registering the rifle, not just the receiver. Sounds like BS to me. Next, for the OAL, he said to measure with the stock completely collapsed. Makes sense to me, but this needs to be measured fully open (from what I gather on this thread), right??? Next is the multiple caliber/ barrel length issue. I was trying to register one receiver that I could have a 11.5' .223 upper and also a 9mm/ barrel length unknown as of right now upper that I could swap back and forth. He said I could do this also by filling out caliber as .223/9mm, barrel length as 11.5/? and overal lenghth as whatever it would be for both uppers. From what I read again, looks like this won't work. Is it still possible to have a SBR that you can legally swap uppers hence changing OAL, barrel length, and caliber. I'm new to this like alot of others and nervous as hell about screwing something uo and going to jail I just want this to go as smooth as possible and leave me with the most options in the end. Any help would be great. Anyone from PA, especially in York county that has done this, please feel free to post here or IM/ email me directly. I am nervous about trusting my local dealers on this. Thanks,  Terry
Link Posted: 1/8/2006 7:08:10 PM EDT
[#22]

Originally Posted By williedikker72:
For instance, he said I would have to have the complete rifle assembled prior to approval. Said I am registering the rifle, not just the receiver.



Just put the serial number on the Form 1 of the lower that will be on the SBR. Do NOT assemble an SBR before your approved paperwork comes back. You're dealer is ignorant of the law.


Next, for the OAL, he said to measure with the stock completely collapsed. Makes sense to me, but this needs to be measured fully open (from what I gather on this thread), right???


OAL is measured with the stock fully EXTENDED (at least for federal purposes.)


Next is the multiple caliber/ barrel length issue. I was trying to register one receiver that I could have a 11.5' .223 upper and also a 9mm/ barrel length unknown as of right now upper that I could swap back and forth. He said I could do this also by filling out caliber as .223/9mm, barrel length as 11.5/? and overal length as whatever it would be for both uppers. From what I read again, looks like this won't work. Is it still possible to have a SBR that you can legally swap uppers hence changing OAL, barrel length, and caliber.


It used to be possible to list multiple barrel lengths and calibers on the Form 1, but recently the BATF has been returning forms unapproved that are done in this manner. Just list your preferred barrel's length/caliber and list it ONLY. You are free to swap uppers at will without notifying the BATF each time.



Everything discussed above is legal, so don't fret it. You don't even need a class 3 dealer to file a Form 1, so forget any advice that the dealer you've had contact with has told you. Just do it yourself and remember: the sooner you get your paperwork sent in, the sooner you'll get it back approved.
Link Posted: 1/14/2006 1:22:09 AM EDT
[#23]
I looked thru the whole thread and didnt see what I wanted to know so I will post another question or two in here.
First, if I buy a Colf FACTORY built SBR LE6933 do I have to still engrave it or since it leaves Colt as an SBR can I skip defacing a beautifull gun?
Second IF I fill out a form 5320.20 and I want to use it for 3 gun matches in neighboring states is it legal if the state I travel to does not allow the sale of SBR's like Illinois?
Link Posted: 1/14/2006 11:23:08 PM EDT
[Last Edit: FlyingFive0] [#24]
For the first question. I know if you order a factory SBR it is already marked by the manufacturer (Colt) so you would not need to engrave it.

I do not know the answer to the second question but my guess would be you probably can't use the SBR in a state that does not allow them. I do know you can transport an NFA item across a state to get to your legal destination.
Link Posted: 1/19/2006 10:29:03 AM EDT
[Last Edit: tctlrld] [#25]
I'm just filling out my Form 1 and I have a few questions.
This is a Corp application - in 3b Applicant's name and Mailing address I put the business name only - right? Like this:

Acme Inc.
10 Main St
SmallTown, State 01010

Not:

John Smith
10 Main St
SmallTown, State 01010

or:
John Smith
Acme Inc.
10 Main St
SmallTown, State 01010

Also, in 4H (Additional description) do I put details regarding the required markings that will be put on the weapon.
In this case: "Acme Inc. Smalltown, ST" or do I just leave it blank?

Also, for 4i (State why you intend to make this firearm) I know "firearms collector" is common for individuals, whats a commonly used reason for Corps/Trusts?
Link Posted: 1/21/2006 3:19:17 PM EDT
[#26]

Originally Posted By FlyingFive0:
For the first question. I know if you order a factory SBR it is already marked by the manufacturer (Colt) so you would not need to engrave it.

I do not know the answer to the second question but my guess would be you probably can't use the SBR in a state that does not allow them. I do know you can transport an NFA item across a state to get to your legal destination.



What do you need to do if you want to change the barrel length (and/or caliber) on an factory SBR?

Also, which manufacturers besides Colt make and sell factory SBR ARs?  LMT?  Bushie?
Link Posted: 1/21/2006 3:56:44 PM EDT
[#27]

Originally Posted By SSeric02:

Originally Posted By FlyingFive0:
For the first question. I know if you order a factory SBR it is already marked by the manufacturer (Colt) so you would not need to engrave it.

I do not know the answer to the second question but my guess would be you probably can't use the SBR in a state that does not allow them. I do know you can transport an NFA item across a state to get to your legal destination.



What do you need to do if you want to change the barrel length (and/or caliber) on an factory SBR?

Also, which manufacturers besides Colt make and sell factory SBR ARs?  LMT?  Bushie?



LMT doesnt/wont sell complete rifles directly to civilians.
Link Posted: 1/26/2006 7:11:27 AM EDT
[#28]
Stupid question, I leave box #10 blank (Name and Title of authorized official of firm or corporation) if I am not a Corp, LLC, or trust, right?
Link Posted: 1/26/2006 11:56:44 AM EDT
[#29]
Didn't see this question on this thread:  

What's the age limit to own an SBR?
Link Posted: 1/26/2006 2:21:29 PM EDT
[Last Edit: SSeric02] [#30]

Originally Posted By Dace:

Originally Posted By SSeric02:

Originally Posted By FlyingFive0:
For the first question. I know if you order a factory SBR it is already marked by the manufacturer (Colt) so you would not need to engrave it.

I do not know the answer to the second question but my guess would be you probably can't use the SBR in a state that does not allow them. I do know you can transport an NFA item across a state to get to your legal destination.



What do you need to do if you want to change the barrel length (and/or caliber) on an factory SBR?

Also, which manufacturers besides Colt make and sell factory SBR ARs?  LMT?  Bushie?



LMT doesnt/wont sell complete rifles directly to civilians.



No, but they will sell to LEOs and Military.  Unfortunately, after contacting them, I was informed that LMT does NOT register rifles as SBRs.  Nor does Bushmaster.
Link Posted: 1/26/2006 2:54:49 PM EDT
[#31]

Originally Posted By ieatpriests:
Didn't see this question on this thread:  

What's the age limit to own an SBR?



Must be 21 to own anything NFA
Link Posted: 1/26/2006 6:32:03 PM EDT
[#32]

Originally Posted By fq1234:

Originally Posted By ieatpriests:
Didn't see this question on this thread:  

What's the age limit to own an SBR?



Must be 21 to own anything NFA



That's what I thought.  I know what I'm getting for my birthday!  
Link Posted: 1/27/2006 10:13:06 PM EDT
[#33]
My form was kicked back today for the two same reasons a few of yalls have beenheSo from what I gather from (please list only one caliber in 4C + list additional calibers in 4H), is that I would not have to submit a "Letter" if Iwanted to swap uppers, but only if I wanted to swap uppers with a barrel length shorter or longer (less than 16") than what will be approved on my Form 1(I'm being optimistic here).  Once I correct and re-send.
I've seen other posts here stating that you need to send a letter stating, That it may be configured with either a 7, 11.5, or 14.5" barrel.  Has this work for anybody here?  If it has, how was the letter written, where did you send it, did you get an approved signed copy of some sort, and I assume that you would have to keep a copy with the tax stamp?
Link Posted: 1/29/2006 9:09:42 PM EDT
[#34]
so after reading all 17 pages (and learning alot i may add) it seems that the days of the " $5 SBR tax stamp" are long gone ?
Link Posted: 1/29/2006 11:27:37 PM EDT
[#35]

Originally Posted By 761mph:
so after reading all 17 pages (and learning alot i may add) it seems that the days of the " $5 SBR tax stamp" are long gone ?



SBRs have been $200 since the law was passed in the 1930's.  AOW transfers are still $5
Link Posted: 1/30/2006 8:09:54 PM EDT
[#36]
This thread is extremely helpful, but also discouraging.

If I understand it correctly, someone with a business front would be better off trying to get a title 2 (IIRC) firearms manufacturing license. (The one that allows manufacturing of NFA items I believe.)

How does one go about that, and is there a link to any informative websites any where?
Link Posted: 1/30/2006 8:24:00 PM EDT
[#37]

Originally Posted By tctlrld:
SNIP>>>

Also, for 4i (State why you intend to make this firearm) I know "firearms collector" is common for individuals, whats a commonly used reason for Corps/Trusts?



Yes I would like to know also. I will be filing as a living trust so collector may work but I would like to know what is the "norm" for this field.
Link Posted: 1/31/2006 6:13:47 AM EDT
[#38]

Originally Posted By FLRich:

Originally Posted By tctlrld:
SNIP>>>

Also, for 4i (State why you intend to make this firearm) I know "firearms collector" is common for individuals, whats a commonly used reason for Corps/Trusts?



Yes I would like to know also. I will be filing as a living trust so collector may work but I would like to know what is the "norm" for this field.



Asset to the Corp/Trust/LLC.
Link Posted: 2/5/2006 9:51:12 PM EDT
[#39]
Hey anybody know what the "official" procedure is for this: Once you get your form 1 back OKed, say for a 10.5 and you have on hand say a 12.5 what the hell do you do? Call ATFE....send a post card.....flowers...............
Link Posted: 2/11/2006 1:01:15 AM EDT
[Last Edit: GA-Dawg] [#40]
Do you put your name and address in box 4(h) since you have to engrave the receiver with that information???

Sorry, I've read through this thread a few times and have not found an answer!
Link Posted: 2/12/2006 10:50:34 PM EDT
[Last Edit: GA-Dawg] [#41]
Where do/can you find the abbreviation of your city?
Link Posted: 2/12/2006 11:31:15 PM EDT
[Last Edit: fq1234] [#42]

Originally Posted By GA-Dawg:
Do you put your name and address in box 4(h) since you have to engrave the receiver with that information???

Sorry, I've read through this thread a few times and have not found an answer!



Leave 4h blank - it is optional
Link Posted: 2/12/2006 11:42:49 PM EDT
[#43]

Originally Posted By fq1234:

Originally Posted By GA-Dawg:
Do you put your name and address in box 4(h) since you have to engrave the receiver with that information???

Sorry, I've read through this thread a few times and have not found an answer!



Leave 4h blank - it is optional



Thanks! I am SO sick of this stupid form! But I know it'll be worth it all!

Thanks again!
Link Posted: 2/13/2006 5:53:06 AM EDT
[#44]
Is it OK to put "N/A" in "blank" boxes on form1?
Link Posted: 2/13/2006 8:03:42 PM EDT
[#45]

Originally Posted By beware1gun:
Hey anybody know what the "official" procedure is for this: Once you get your form 1 back OKed, say for a 10.5 and you have on hand say a 12.5 what the hell do you do? Call ATFE....send a post card.....flowers...............



I'm also curious about this...If a rifle is SBR'd for 7.5", how do we legally go about putting on an 11.5" bbl?, or any other length longer than the initial 7.5"
Link Posted: 2/13/2006 8:40:26 PM EDT
[#46]

Originally Posted By gunguy45:
Is it OK to put "N/A" in "blank" boxes on form1?



I hope so...cause I did!
Link Posted: 2/14/2006 4:31:57 PM EDT
[#47]
Do I put my C&R FFL number on Form1 line 5?

Also, just to be clear. I am using a stripped lower to build up. I do not need to put anyting in line 4h. The manufacturer is Superior Arms which is listed in 4a.
Link Posted: 2/14/2006 7:06:59 PM EDT
[#48]

Originally Posted By mfingar:

Originally Posted By beware1gun:
Hey anybody know what the "official" procedure is for this: Once you get your form 1 back OKed, say for a 10.5 and you have on hand say a 12.5 what the hell do you do? Call ATFE....send a post card.....flowers...............



I'm also curious about this...If a rifle is SBR'd for 7.5", how do we legally go about putting on an 11.5" bbl?, or any other length longer than the initial 7.5"



M4Madness answered that question on page 16 (middle of the page or so).


It used to be possible to list multiple barrel lengths and calibers on the Form 1, but recently the BATF has been returning forms unapproved that are done in this manner. Just list your preferred barrel's length/caliber and list it ONLY. You are free to swap uppers at will without notifying the BATF each time.
Link Posted: 2/14/2006 7:11:34 PM EDT
[#49]

Originally Posted By GoBlue:
Do I put my C&R FFL number on Form1 line 5?

Also, just to be clear. I am using a stripped lower to build up. I do not need to put anyting in line 4h. The manufacturer is Superior Arms which is listed in 4a.



I don't see how it could hurt to list your C&R FFL # in that space.  I personally didn't though.

You are correct about line 4H.
Link Posted: 2/15/2006 8:23:25 AM EDT
[#50]

Just list your preferred barrel's length/caliber and list it ONLY. You are free to swap uppers at will without notifying the BATF each time.
This addresses a nagging question: if I registered my pre-'94 AR15 lower as an 11.5" SBR in Georgia, would BATFE approve temporary transfer of it to New York _IF_ I slapped a pre-'94 20" upper on it, making it entirely legal during a trip? Unfortunately sounds like they've administratively closed that legal act administratively, refusing to acknowledge that a gun can be easily & temporarily modified for perfectly legal temporary transfer into another jurisdiction. Dang.
Page / 26
Tacked SBR FAQ (Page 9 of 26)
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