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Posted: 8/7/2015 6:02:26 PM EDT
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I decided to make multiple AR-15 SBRs back when 41P was announced, since where I live the trust route is the only viable method, and I am finally working my way through actually “making” all the firearms. I just realized I screwed myself on one SBR, by not thinking the process and all the details through.
Back when 41P was announced, I formed a trust and sent multiple AR receivers out to be engraved with the trust name and address. Once the receivers were actually back in hand, I started submitting Form 1’s. I did them sporadically, as I had the discretionary funds to pay the $200 tax. Because I was submitting multiple forms, I decided to have one of the SBR’s be a dedicated .22lr. I shoot my dedicated .22 AR that I built on a standard receiver more than any other gun I own, and I knew the same would be true of a .22 SBR. Also, I was going to put a folding stock on the SBR and so it would never really be able to use anything but .22 without the buffer tube. So I completed the Form 1 with .22 .22LRlisted as the caliber. The Form 1 for the .22 .22lr designated SBR has been approved, and I have now realized I made a mistake back in 2014. I only had the trust name and address added to the AR receivers. Not a problem with my other SBR’s as they are identified as 5.56 on the Form 1, and I can adopt the model and caliber markings that were in place from the original manufacturer. Not so for this one, since I identified it as a .22 .22lr on the Form 1 and the receiver is marked 5.56. I got my 4.5” barrel from CMMG and it does not have any markings. Even if it did, it is completely under the handguard so the barrel, and any required markings, are not visible. So, I think I have identified my options at this point: 1) Cancel the Form 1, request a refund of the tax, and submit a new Form 1 as a 5.56. Not really an option. I don’t want to risk the replacement Form 1 being disapproved or wait for the approval process again. 2) Have the barrel engraved with the caliber. Not really an option as I still have the handguard obscuring the barrel problem. I could enlarge a portion of the ventilation holes in the handguard to make the marking visible, but that just seems to be asking for problems down the road. 3) Send the receiver out to be engraved with .22 .22lr next to the trust info. This is the most “correct” option, but I then have 2 sets of caliber markings on one receiver and have the risk of an approved SBR receiver getting lost/stolen while in transit between me and the engraver. 4) I send a letter to ATF that I am permanently re-configuring the SBR into a 5.56 with a 10.5” barrel. I put an extra 10.5” upper on the lower to “make” the SBR, and then run my 4.5” .22 upper on it, with the ability to return it to 5.56 configuration. The folding stock issue comes up here, but could also be returned to 5.56 without much trouble. Any advice on how to proceed at this point ? I’m thinking option 3 is the best choice. Eta: Probably should have posted this in the Class III Legal forum, rather than the SBR. Is it possible for the OP to move a post or only a mod ? Edit again : to correct what is actually shown on the Form 1. |
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Any advice on how to proceed at this point ? I’m thinking option 3 is the best choice. First mistake is 22lr is not a caliber, it is a cartridge. Thus option 3 is a mistake. 5.56mm is the correct caliber for a 22lr cartridge, no need to fix your receiver. Make the gun as a 5.56 and be done with it. Send a letter to BATFE acknowledging 22lr is a cartridge, not a caliber, and tell them you meant 5.56mm (I myself would not bother with the letter, just update the F4). |
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Huh? Anyone in Texas can get a signoff, especially back then. Quoted:
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I decided to make multiple AR-15 SBRs back when 41P was announced, since where I live the trust route is the only viable method, Huh? Anyone in Texas can get a signoff, especially back then. Who is signing for Harris County ? Honest question. |
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Who is signing for Harris County ? Honest question. Quoted:
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I decided to make multiple AR-15 SBRs back when 41P was announced, since where I live the trust route is the only viable method, Huh? Anyone in Texas can get a signoff, especially back then. Who is signing for Harris County ? Honest question. Don't know, I live in DFW, but Attorney General can sign for anyone in state. Have not asked Paxton, might be cool to have an indicted felon sign your form! |
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These are your options in my personal order of preference.
1. Do nothing. I don't think that having the receiver marked 5.56 is ever going to land you in any hot water. 2. Send a letter to the ATF as RenegadeX suggested letting them know of the permanent change of your original cartridge designation (22LR) during registration has been changed to caliber 5.56. (Once annoted in the registry there is nothing that prevents you from setting it up on a "non-permanent" basis in 22LR) 3. Engrave the barrel with .22LR, unless the barrel is going inside a solid sleeve somehow, I am sure there is a vent or hole in your chosen forearm somewhere. Even a regular M4 handguard has holes on the top and bottom you could see the 22LR designation through. Not to mention the engraving only has to be visible when the gun is originally SBRed by you. Covering manufacturer markings with a removable accessory after the fact isn't illegal. If it was nobody could ever mount a scope on HK style receivers since the claw mount covers the markings, a side saddle on a Remington 870, a wraparound magwell grip on an AR, a Roni Clamshell style Stock system on a glock, etc. Who is to say the original setup didn't even have a handguard on there and the markings were perfectly visible when the SBR conversion took place. 4. Send the receiver out to be re-engraved with 22LR. |
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I think your worry for no reason. But send a letter saying your reconfiguring it to whatever is on the receiver if your concerned (unless it says multi if thats the case just have it engraved 22)
One of my sbr's was configured as specified on the form (10.5" 5.56) for all of 30~ minutes it's been a 11.5" upper running a 22 conversion ever since. I'm not concerned i might decide to reconfigure at any moment 
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Don't know, I live in DFW, but Attorney General can sign for anyone in state. Have not asked Paxton, might be cool to have an indicted felon sign your form! Quoted:
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I decided to make multiple AR-15 SBRs back when 41P was announced, since where I live the trust route is the only viable method, Huh? Anyone in Texas can get a signoff, especially back then. Who is signing for Harris County ? Honest question. Don't know, I live in DFW, but Attorney General can sign for anyone in state. Have not asked Paxton, might be cool to have an indicted felon sign your form! Don't know about going to the AG, but nobody in Harris County is signing. |
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Don't know about going to the AG, but nobody in Harris County is signing. Quoted:
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I decided to make multiple AR-15 SBRs back when 41P was announced, since where I live the trust route is the only viable method, Huh? Anyone in Texas can get a signoff, especially back then. Who is signing for Harris County ? Honest question. Don't know, I live in DFW, but Attorney General can sign for anyone in state. Have not asked Paxton, might be cool to have an indicted felon sign your form! Don't know about going to the AG, but nobody in Harris County is signing. Yeah, apparently I was one of the few who knew Abbott. |
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