Posted: 3/28/2026 12:43:36 AM EDT
| I have not seen it anywhere so I thought i would ask here- If this unconstitutional ban does go into effect on July 1, does that affect the ability to file a form 1 to SBR a previously owned rifle or pistol? |
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Honestly it is probably best to have a 2A lawyer review it for you. The AW is defined as something with 2 characteristics as defined in the new bill but the problem is that possession is allowed with the exception of importing, manufacturing, or selling/buying of one. The problem is that requesting a SBR is not necessarily one of the two features defined but the grey area is what defines as "manufacturing" or "importing" post July because when you make your rifle an SBR, you're essentially importing it possibly but at the same time putting a stock on it might be defined under "manufacturing" since the bill doesn't really define what "importing" or "manufacturing" mean. According to the ATF your rifle is "new" even though you're waiting on a tax stamp so you can put a stock on it so in that sense the question becomes if you're "manufacturing" or "importing" what has 2 of the characteristics defined in the bill and if that defines it as an AW thus violating the law. From my understanding you should be able to get the SBR tax stamp post July because it is not one of the defined 2 characteristics ban. However, since the definition of "importing" or "manufacturing" aren't really defined you could be going into a grey area where it really depends on how your local city's DA might be reading into it and how they're understanding it. As I said in my other threads, it really depends on who is charged first to set the precedent for future situations. You're essentially being a Guinea pig here because you're rolling the dice and taking the chance of being the first wave of people who possibly be charged. My advice is that if you can, just try to wait a little while if you can't make it before the July's deadline this way you're not risking your freedom and life. That or if you want a real peace of mind try to consult with a 2A lawyer. Keep in mind the bill hasn't been signed into law just let but in all probability it will be. She has until April 13th to sign it or it goes into law by default. So just try to wait and see before consulting the lawyer as it will cost money. But once she signs it or it goes into law by default, then maybe consult the lawyer just to make sure since they know what sort of laws and what they're dealing with so they can answer you fully. |
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Quoted: Honestly it is probably best to have a 2A lawyer review it for you. As I said in my other threads, it really depends on who is charged first to set the precedent for future situations. Nobody knows yet. No prescedent. On one hand, the state law will ban manuf of an AW. On the other hand, if the gun is already configured as an AW, you're not making an AW from something that wasn't already. The bills on her desk give us three different conflicting definitions of an AW. It wouldn't be far fetched to think the bills will be defined to have a unique defintion of "making" vs the ATF. Me changing the barrel does not "make" the existing AW any more or any less of an AW. The law certainly won't prohibit someone from changing the pistol grip, flash hider, or adjustable stock on an existing AW, even though those are defining features. IMO, once an AW prior to July 1, always grandfathered as an AW. I have three F1 SBR (new SBRs, all initially built in AW pistol configuration, once then modified into rifle configuration with 18" upper) and an F4 SBR (moving existing SBR from individual to trust) that have been submitted. FWIW, if the applications don't get approved by July 1st, I'm letting them ride. Either the ATF will grant them or they cancel them all. I'm assuming the ATF NFA branch is moving slowly due to shutdown, but I have seen approvals posted recently on the NFA forum. The conservative bet is to assume no more F1 SBR approvals after July 1. But really nobody knows. This is FOAK. |
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Interesting. Nice to know our leaders genuinely do not give a f@ck about us or our rights, or even presenting a clear law so we can keep ourselves out of jail if it really comes down to it. How come I am not seeing a full blown email campaign to ask the governor to veto this legislation? Nothing from NRA , which is typical, but nothing from VCDL or any other organizations that I am aware of? Now is the time to be hammering her inbox and phone lines to ask her to veto. Yet nothing................. |
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Quoted: Interesting. Nice to know our leaders genuinely do not give a f@ck about us or our rights, or even presenting a clear law so we can keep ourselves out of jail if it really comes down to it. How come I am not seeing a full blown email campaign to ask the governor to veto this legislation? Nothing from NRA , which is typical, but nothing from VCDL or any other organizations that I am aware of? Now is the time to be hammering her inbox and phone lines to ask her to veto. Yet nothing................. Because she is owned by bloomberg. If 51% of the state emailed and said veto she'd say fuck you. Why? We are a blue state and the reprecussions for her not signing are harsher than signing. |
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Quoted: Interesting. Nice to know our leaders genuinely do not give a f@ck about us or our rights, or even presenting a clear law so we can keep ourselves out of jail if it really comes down to it. How come I am not seeing a full blown email campaign to ask the governor to veto this legislation? Nothing from NRA , which is typical, but nothing from VCDL or any other organizations that I am aware of? Now is the time to be hammering her inbox and phone lines to ask her to veto. Yet nothing................. There was an email sent I recall and it’s on their website but yes I do agree to some extent I had to go out of my way to find stuff on their site this time and this is the most important time. I remember back the fist time it was all hands on deck and I knew exactly where. I didn’t even know where the lobby day meet was until someone here mentioned it was on the site but I only saw the emails. Last time I didn’t even have to know what was going on because so many people were out. I kind of wonder if maybe an important person quit or passed away who did it before? Just seems like vcdl didn’t really sound the alarm too much even up to the election. They only sent a minor email about voting and it wasn’t as urgent as it required. |
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I want to also add in she ran on being a moderate. It will be a shock for sure if she breaks rank and veto the AWB. If she does do that I would definitely vote for her into the election. However in all likelihood she’s going to sign it. I’m about 99.9% sure she will be. How that will affect pending NFA items it is unclear. It will not affect current owners except if you want to sell or buy. |
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Quoted: I have not seen it anywhere so I thought i would ask here- If this unconstitutional ban does go into effect on July 1, does that affect the ability to file a form 1 to SBR a previously owned rifle or pistol? |
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Quoted: You can still submit a form 1 to make an SBR. However, you cannot make an assault weapon as defined in the new law. A form 1 is used to make a new firearm. It is a little unclear from the Virginia law if making an SBR from a rifle is considered making a new firearm as from the Federal standpoint. Quoted: Quoted: I have not seen it anywhere so I thought i would ask here- If this unconstitutional ban does go into effect on July 1, does that affect the ability to file a form 1 to SBR a previously owned rifle or pistol? Im not a lawyer, and honestly, Im a dumbass, but I can't imagine the GAYtf allowing an "AW" that was pre July 1st to be made a SBR post July 1st. Sadly, that's the reason I had to blow up my Capital one card. Shit I even thought I might want one day has to be bought now. I'm averaging about 55-60 days on form 1's. |
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Quoted: Im not a lawyer, and honestly, Im a dumbass, but I can't imagine the GAYtf allowing an "AW" that was pre July 1st to be made a SBR post July 1st. Sadly, that's the reason I had to blow up my Capital one card. Shit I even thought I might want one day has to be bought now. I'm averaging about 55-60 days on form 1's. That’s why I recommend the 2a lawyer to chat with. Vcdl might post something about it later too once the bill is signed into law. Right now it isn’t law per se so it’s all speculations but once it is signed or goes into law by default then lawyers should start forming opinions and thoughts. Again hard to say what is correct but a lawyer or defense lawyer in particular would know what sort of approach they might take to have a good defense or how a da/prosecution might approach it. |
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Good news, I got a F4 approval today, transferring an SBR (that was individually mine) into my trust. 5.5 weeks. I have more in process. July 1 will come soon. Time to get on it if you haven’t already. Getting a trust setup will eat into that more if you aren’t already setup. |