Longer uppers on a SBR legal to move across state lines

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[ARCHIVED THREAD] - Longer uppers on a SBR legal to move across state lines

Posted: 3/3/2017 8:07:45 AM EDT

I'm working on my 308 SBR project currently waiting on a stamp form the ATF. It then dawned on me that if I'am running a 12.5 upper on it, I will have to notify the ATF that I want to move it across state lines. Now my question for anyone who can answer this is, If I put on a upper that is longer than 16 inch ie 18, 22 etc. Do i still have to notify the ATF that I'm taking the my SBR'd Lower out of state?

To my best knowledge, the SBR lower is not considered a NFA up if it barrel length and overall length are out of the limits set by the BAFT NFA.

Posted: 3/3/2017 9:54:50 AM EDT

[#1]

Well it's not an SBR until you receive the stamp....

Once you do...it will always be an SBR unless you take it off the rolls.

I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.

I may be wrong and someone will probably be along shortly to elaborate

Posted: 3/3/2017 11:10:18 AM EDT

[#2]

Your lower once registered is an SBR. It doesn't matter what upper you put on it. It' still registered as an SBR.

As far as I know you would have to remove it from the registry to no longer be an SBR.

I could be wrong about this.

Posted: 3/3/2017 11:29:44 AM EDT

[#3]

Quote History

Quoted:
Well it's not an SBR until you receive the stamp....
Once you do...it will always be an SBR unless you take it off the rolls.
I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.
I may be wrong and someone will probably be along shortly to elaborate

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Quote History

Quoted:
Well it's not an SBR until you receive the stamp....
Once you do...it will always be an SBR unless you take it off the rolls.
I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.
I may be wrong and someone will probably be along shortly to elaborate

Quoted:
Your lower once registered is an SBR. It doesn't matter what upper you put on it. It' still registered as an SBR.

As far as I know you would have to remove it from the registry to no longer be an SBR.

I could be wrong about this.

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

Posted: 3/3/2017 11:34:12 AM EDT

[#4]

Quote History

Quoted:

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

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Quote History

Quoted:

Quoted:
Well it's not an SBR until you receive the stamp....
Once you do...it will always be an SBR unless you take it off the rolls.
I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.
I may be wrong and someone will probably be along shortly to elaborate

Quoted:
Your lower once registered is an SBR. It doesn't matter what upper you put on it. It' still registered as an SBR.

As far as I know you would have to remove it from the registry to no longer be an SBR.

I could be wrong about this.

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

Are you saying I can put a 16" (or longer) upper on my SBR and take it out of state with no 5320.20 or other notification and that's legal?

What about with no upper? Can I transport just the lower without notification?

Posted: 3/3/2017 11:42:25 AM EDT

[#5]

Quote History

Quoted:

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

View Quote

Thanks for the clarification/correction!...

I love how magically an item can change status!
FTATF

Posted: 3/3/2017 12:37:26 PM EDT

[#6]

It's not an SBR until your Form 1 is approved (and technically engraved with your info) so you can currently do anything with it that you can do with a regular rifle...except, as you make it sound, put a shorter than 16" barrel on it (308 pistol?).

Posted: 3/3/2017 12:57:09 PM EDT

[#7]

Quote History

Quoted:

Are you saying I can put a 16" (or longer) upper on my SBR and take it out of state with no 5320.20 or other notification and that's legal?

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Quote History

Quoted:

Quoted:
Well it's not an SBR until you receive the stamp....
Once you do...it will always be an SBR unless you take it off the rolls.
I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.
I may be wrong and someone will probably be along shortly to elaborate

Quoted:
Your lower once registered is an SBR. It doesn't matter what upper you put on it. It' still registered as an SBR.

As far as I know you would have to remove it from the registry to no longer be an SBR.

I could be wrong about this.

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

Are you saying I can put a 16" (or longer) upper on my SBR and take it out of state with no 5320.20 or other notification and that's legal?

Correct.

What about with no upper? Can I transport just the lower without notification?

Again, if the firearm is not in SBR configuration...........it's not a SBR or NFA firearm. The only time you need to get ATF approval is when you are traveling interstate with an NFA firearm other than AOW's or Silencers.

Posted: 3/3/2017 1:38:59 PM EDT

[#8]

Quote History

Quoted:
It's not an SBR until your Form 1 is approved (and technically engraved with your info) so you can currently do anything with it that you can do with a regular rifle...except, as you make it sound, put a shorter than 16" barrel on it (308 pistol?).

View Quote

Only being in SBR configuration makes it an SBR. Registering it as an SBR doesn't make it an SBR.

Posted: 3/3/2017 1:48:19 PM EDT

[#9]

Quote History

Quoted:

Only being in SBR configuration makes it an SBR. Registering it as an SBR doesn't make it an SBR.

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Quote History

Quoted:

Quoted:
It's not an SBR until your Form 1 is approved (and technically engraved with your info) so you can currently do anything with it that you can do with a regular rifle...except, as you make it sound, put a shorter than 16" barrel on it (308 pistol?).

Only being in SBR configuration makes it an SBR. Registering it as an SBR doesn't make it an SBR.

Yup, which should mean that people in states that prohibit SBRs should still be able to register receivers as long as the gun is never actually in a non-compliant under state law configuration. Unfortunately this is not the case (ATF will reject your Form 1). It would make for an interesting legal challenge though.

Posted: 3/3/2017 4:12:02 PM EDT

[#10]

Quote History

Quoted:

Only being in SBR configuration makes it an SBR. Registering it as an SBR doesn't make it an SBR.

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Quoted:

Quoted:
It's not You can't make it an SBR until your Form 1 is approved (and technically engraved with your info) so you can currently do anything with it that you can do with a regular rifle...except, as you make it sound, put a shorter than 16" barrel on it (308 pistol?).

Only being in SBR configuration makes it an SBR. Registering it as an SBR doesn't make it an SBR.

There, happy?

Posted: 3/3/2017 4:45:58 PM EDT

[#11]

Happiness in intelligent people is the rarest thing I know. E. Hemingway

Posted: 3/3/2017 7:21:01 PM EDT

[#12]

And all you have to ensure is that some local yokel understands the law.

Go for it.

Find out.

Do you get attorneys fees reimbursed?

Playing to the 'letter of the law' rarely works well 'in the field.'

I went round and round with a deputy Sherri-ff in an adjoining county.

I had a fully fed and state registered machine gun.
Paperwork in the case.

When the actual sheriff arrived he glanced at the paperwork and his next question was "Can I try it?"

He fired a couple bursts (and actually had decent trigger control) and then proceeded to harangue his deputy.

I though the guy was going to pee his pants.

Posted: 3/3/2017 7:39:49 PM EDT

[#13]

Quote History

Quoted:

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
Well it's not an SBR until you receive the stamp....
Once you do...it will always be an SBR unless you take it off the rolls.
I would assume technically it would need notification and fall under NFA rules regardless of configuration .... in "standard configuration " with > 16" barrel, assuming that configuration is legal in the state.... how would anyone know.
I may be wrong and someone will probably be along shortly to elaborate

Quoted:
Your lower once registered is an SBR. It doesn't matter what upper you put on it. It' still registered as an SBR.

As far as I know you would have to remove it from the registry to no longer be an SBR.

I could be wrong about this.

<---FFL/SOT
You are both wrong, and this has been covered numerous times........an SBR (or SBS) is only an NFA firearm WHEN IN NFA CONFIGURATION.
ATF asks, but does not require you to notify them when the firearm is no longer in NFA configuration.

This is the correct answer.

If you put a 16+ barrel on it you can still sell it as a title I

Posted: 3/3/2017 8:35:21 PM EDT

[#14]

Thank you for everyone response. I didn't think it would develop so fast on this forum. I appreciate all of the imput that everyone provided and some clarity on this topic. This has been really bugging me with all of the nfa items that I have.

Posted: 3/4/2017 1:14:36 PM EDT

[#15]

I learned something new again today.

I must have missed the prior conversations. I have to admit though that having a registered SBR lower that is not an SBR without a short barrel is confusing to me.

Posted: 3/4/2017 5:37:38 PM EDT

[#16]

Quote History

Quoted:
I must have missed the prior conversations. I have to admit though that having a registered SBR lower that is not an SBR without a short barrel is confusing to me.

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It is the gun not the form that determines its legal status.

[ARCHIVED THREAD] - Longer uppers on a SBR legal to move across state lines

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