Changing Barrel Length when Correcting Form?
I submitted two form 1s about six months ago. I'm in NC, and we recently had a law change (Dec. 1, 2011 - before I submitted my forms) in relation to our NFA laws. There was some specific text that the NFA Branch required in answer to the question "why are you making..." that related to NC law. Since I submitted my forms after the law change I decided to put "all lawful purposes" rather than the specific text and to see what happened. Another member here reported getting back a form 1 for correction that also had "all lawful purposes" as the reason for making requesting he change the reason for making to the specific NC language.
So, I'm expecting my two form 1s back sometime soon. I submitted one for a 10.5" 5.56mm SBR and one for a 7.5" 9mm SBR. I'm kind of thinking that I would rather go shorter on the 9mm. Does anyone have any input on my changing the barrel length on the form 1 when I correct the language? I don't like sloppiness, so I'll probably redo the form rather than just correcting the block that needs changing and mail them back. Will it be an issue if when redoing the form I chage the barrel length to 5" and the overall length to reflect that? I don't want to delay the process any further, and I know I can use any length upper once I make the gun, but if I am going to be using it primarily as a 5" 9mm, I'd rather that is what the form 1 has as the barrel length.
Thanks!
unless local law says your 7.5 inch SBR needs to stay a 7.5 inch SBR there is no need to change anything... because as far as the ATF is concerned once its a SBR it doesn't matter what barrel length you have on the gun. you could put a 20" target barrel on it and its still a SBR... i do recommend retaining a upper with a barrel length that the form 1 says but I hear that doesn't need to be done...
if they kick your forms back just change it to "because of the second amendment" or "because she said, 'size does matter" or "because I feel like it" or "because there's not reason not to"
these ATF assholes need to relies that we do this crap b/c we can...
Originally Posted By the1000z:
because as far as the ATF is concerned once its a SBR it doesn't matter what barrel length you have on the gun. you could put a 20" target barrel on it and its still a SBR
Actually, no - while you have a >16" barrel on it, it does not qualify as an SBR, and can be transported across state lines without notifying ATF, and taken to states which do not allow SBRs. However, it does not necessarily get removed from the registry unless you permanently dispose of all your short barrels, and tell the ATF about it; or transfer it to someone else as a Title 1 firearm.
It really doesn't matter if you Form 1 doesn't reflect the exact barrel length of your setup since you are free to change the barrel length to whatever you want once you receive your approved Form 1. And hopefully your Form 1 is approved without any issues, but if there are issues just correct them and you can probably just fax it back to them to speed things up.
Originally Posted By Circuits:
Originally Posted By the1000z:
because as far as the ATF is concerned once its a SBR it doesn't matter what barrel length you have on the gun. you could put a 20" target barrel on it and its still a SBR
Actually, no - while you have a >16" barrel on it, it does not qualify as an SBR, and can be transported across state lines without notifying ATF, and taken to states which do not allow SBRs. However, it does not necessarily get removed from the registry unless you permanently dispose of all your short barrels, and tell the ATF about it; or transfer it to someone else as a Title 1 firearm.
then by that logic a Colt M16 with its auto sear assembly removed is a AR-15... wrong...
the receiver is registered as a SBR, its a SBR, current barrel length is inconsequential as the ATF considers the upper a "accessory"... if the upper wasn't just a accessory then we could serialize the upper and make that the SBR...
Originally Posted By the1000z:
if they kick your forms back just change it to "because of the second amendment" or "because she said, 'size does matter" or "because I feel like it" or "because there's not reason not to"
these ATF assholes need to relies that we do this crap b/c we can...
That would be nice, but it doesn't work because of NC law, not anything in Federal law or ATF policy. NC law is very specific on why someone can possess a "weapon of mass destruction" was defined in NC law (which is basically everything included in the NFA). The forms have to say under 4i:
"For scientific and experimental purposes as provided by NC general statute 14-288.8". We thought the law change in NC on 12/1/2011 would change that, but at least so far it has not. My understanding is that the NFA Branch is waiting for a legal opinion from the NC Attorney General on the effect of the new wording in 14-288.8.
Originally Posted By the1000z:
then by that logic a Colt M16 with its auto sear assembly removed is a AR-15... wrong...
the receiver is registered as a SBR, its a SBR, current barrel length is inconsequential as the ATF considers the upper a "accessory"... if the upper wasn't just a accessory then we could serialize the upper and make that the SBR...
Machineguns are different according to the ATF. Once a machinegun, always a machinegun. The same does not hold true for SBRs and SBSs.
Originally Posted By Landric:
"For scientific and experimental purposes as provided by NC general statute 14-288.8". We thought the law change in NC on 12/1/2011 would change that, but at least so far it has not. My understanding is that the NFA Branch is waiting for a legal opinion from the NC Attorney General on the effect of the new wording in 14-288.8.
"concussive force testing of various barrel lengths on human audio perception"
HAHA! "scientific" and junk...
