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Posted: 1/28/2016 8:32:13 AM EDT
| How do i go about removing a sbr lower to a normal non sbr status? |
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CAN you?
I'm assuming you mean to make it not an NFA registered item anymore and not just changing its current configuration? Obviously for a change made to the weapon, it is encouraged to send a letter of notification to the ATF regarding that change, but if you're looking for a way for that lower to be removed from the NFA registry, I don't know if a letter would suffice. I thought the weapon had to be destroyed with visual evidence. In for information to know if you can get back out of the rabbit hole once you're in. |
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From what I recall, no item is ever actually removed from the registry, however, after reconfiguring the rifle to a non SBR, I believe if you send them a letter requesting them to remove your item, they will amend the registry for your item to state it is now in a lawful configuration to no longer be under the rules of the NFA.
I'm pretty sure this is the way it goes, but if I'm wrong, I'm sure someone will be along to correct me |
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Quoted:
You take the short upper off. Without a short upper, it's not an SBR. Sell it, travel with it, whatever you want. Quoted:
Quoted:
How do i go about removing a sbr lower to a normal non sbr status? You take the short upper off. Without a short upper, it's not an SBR. Sell it, travel with it, whatever you want. How would that work if he were to sell it, and the buyer then wanted to SBR. He would then go through the same process all over again, re-engrave with necessary markings, but have the same serial number. Would that through up any flags? |
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Quoted:
How would that work if he were to sell it, and the buyer then wanted to SBR. He would then go through the same process all over again, re-engrave with necessary markings, but have the same serial number. Would that through up any flags? Quoted:
Quoted:
Quoted:
How do i go about removing a sbr lower to a normal non sbr status? You take the short upper off. Without a short upper, it's not an SBR. Sell it, travel with it, whatever you want. How would that work if he were to sell it, and the buyer then wanted to SBR. He would then go through the same process all over again, re-engrave with necessary markings, but have the same serial number. Would that through up any flags? this^^^^ |
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All of these are relevant...especially the red one. As you read them, note that recommends is not the same as requires. Bottom line is they'd pay another $200 and engrave again.
Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm? A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law. Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual? A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA. Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)? A: While a receiver alone may be classified as a firearm under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR). Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS? A: A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA firearm pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer. Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations? A: If the possessor retains control over the barrel or other parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. 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? A: 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:
seriously... You're awesome. Thanks for all the info you provide on here.  All of that came from an old post on here I made. The ATF used to have really good FAQ pages on SBR/SBS and another for Suppresors. They redid them last year and it's now just a single section for NFA...and a majority of the really good and clear Q&A like the ones above are gone. I do try to not just spout stuff off without having something to back it. 
One other little note. ATF said "maintain control of" a couple times in those Q&A, and the question often comes up as to what that means. Is it a case of still owning the items, or actually having them with you. They answered it in a letter one time (yes, I know people's opinion of their letters), and in this case it seemed to be the logical answer. 
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Roger that.
I've been on the fence about building a truck gun. was going to go with a 12.5" and gear it towards a general purpose rifle, but since I work in a different state, I believe I will do a Pin and weld 14.5" and gear it more towards a mini recc/ mini spr type rifle. ETA It is easy to get lost in the plethora of information in the FaQ and guideline threads, just because there is so friggin much, but having gone through the process even just once, its easier to then go back and organize them in a way that is easier to follow. Information that really digs into the laws though is a treat to have on hand here. |
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