I have an uncle in failing health who owns a legally registered H&R Handy Gun in .410 gauge. The gun has been in the family for decades and is in serviceable, but well used condition. He wants to pass it down to my son and I but he lives out of state and the ~2 years to do the paperwork seems silly and may likely take longer than he has left.

From this old thread:https://www.ar15.com/forums/handguns/Gunsmithing__installing_3_groove_visible_rifling_on_a_410_gauge_barrel/18-146426/
I understand that I could have the barrel rifled and that would remove it from the NFA’s scrutiny. That thread and other sources indicate that the gun is an AOW, but his paperwork states SBS.




I believe some of these Handy Guns were SBS because they had collapsible stocks but this gun does not.

Being that it is registered SBS and not AOW would the same rule apply, in that with a rifled barrel it simply becomes a handgun and not a class III NFA firearm?

Is it a mistake that this gun was registered as an SBS when even ATF’s website says they are classified as AOW?

I appreciate any guidance on this, I have never dealt with NFA before, and it would mean a lot to my Uncle if we could keep this in the family without becoming felons. Thanks!

Why not pay the $200 to transfer it to a family trust, or, better yet, have Uncle leave it in his will to the family trust - tax free transfer on a Form 5, IIRC.

You're the only member of the family trust until the stamp comes in, then add your son & anyone else that needs access to that SBS.

That was the original intention but after speaking with a class III dealer because he lives in another state we would have to transfer twice. Once to get it to CO and again to get to me (trust). I’m told that would likely take two years. Also due to his health I need to handle this for him. Getting it rifled seems like a quick solution and this is not a collector’s piece that would be ruined by doing so.

I don't think you have to transfer twice.

You get a family trust in the Uncle's state, executor & you are members of the trust.  Uncle designates family trust as recipient of SBS in his will.  Uncle dies, executor places SBS in trust on a Form 5.  You file a ATF Form 5320. 20 to move the SBS from your Uncle's state to your address.  You pick up SBS, remove executor from trust, drive SBS to Colorado.  Now add son to trust, present son w/ SBS.

https://thegunzone.com/how-to-transfer-nfa-firearms-to-heirs/

If you just want to remove it from the registry, buy a 16" rifled bbl and drop it in.  Write ATF, have gun removed from registry.  Uncle transfers gun to you through gun store, you drive it back to Colorado.

https://www.gunpartscorp.com/gun-manufacturer/hr/shotguns-hr

I appreciate this Backbencher! Good info. The SOT I spoke with did talk about uncle transferring via a form 4 to a local trust which would only require one transfer. My holdup there was having uncle setup a trust. If I can handle the trust part myself this might be a solution.

For what this gun is it all seems like a huge PITA, hence my desire for a rifled barrel shortcut. I also think it will keep it simple for future generations.

Is that the rule for SBS, they need a 16” rifled barrel? I can’t get the original 12” barrel rifled? Either way that’s probably the route I’ll go and get it off the NFA.

Wayne York can take care of rifling your Handy Gun bbl ......

http://www.oregunsmithingllc.com/About-Us---Services.html

Spitballing here … If it’s a C&R firearm you could apply for and get a C&R FFL and transfer the firearm direct to you, no trust needed.

Losing trust paperwork and not maintaining the trust properly is easy to do and catching up with a lot of people.

Another option is to have a gunsmith install something that extends the barrel enough to meet the minimum length requirements for a shotgun (18” barrel, 26” overall). A tube of the appropriate length, silver soldered on should comply.

I don't have pics just yet, but these are from a quick google image search and will give you a good idea of the gun, especially the rear of the pistol grip. It is broken off just like that, very similar. No holes except the single screw hole on the bottom. His does have the longer 12" barrel. I can't even find a google image search of a handy gun with a stock, but I guess one could have been mounted where this one is broken? Maybe it is an SBS?





Apologies for my lack of details/pics. I'm working on getting more... Not sure of any other specifics. Truth be told no one in the family knew this gun was an NFA item. My uncle simply thought we would have to fill out a piece of paper like he did in 1968.

Appreciate the replies. I very much intend to look further into the C&R route.

Villafuego, appreciate the lead on Wayne York. I'm going to get an email out to him tonight. I'll update here about that option.

Since it is registered as an SBS, no matter what it once was, simply rifling the bbl will not remove it from the registry.

Once you rifle the bbl, you now have a SBR, as you have a handgun made from a shotgun.  You would need to add a rifled bbl that is at least 16" long, and long enough that the entire length is longer than 26" - so unless you find the wire or wood stock, you'll need at least a 22" bbl to drop in the frame - preferably .45 Colt, as the extractor will it least be close, if not match.

This might work:

https://www.gunpartscorp.com/products/2109180

If your uncles heath is failing, just have him leave the gun to you in his will.  Better yet have him leave it to your trust in his will.   When he dies the gun will be transferred to you tax free on a ATF Form 5.  Those forms are usually transferred very quickly, not the 9-12 months a form 4 would take.