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BATFE has already determined that an SBR without a short barrel is a Title1 firearm. Further, that it's not required to notify them of said status change, and that a pistol can be made into a rifle, and then back again. No?
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With GCA (Title 1) firearms, yes, pistol to rifle to pistol. But does not apply to SBR as it is a new original rifle, and first a rifle, always a rifle. SBR can be a Title 1 rifle of course, but not a Title 1 pistol again.
See "retention of parts" of NFA firearms, for one reason. Having a short barrel on an SBR'd receiver means it can never be out of NFA purview.
The Thompson Decision and 2011 ATF "ruling" regarding the pistol/rifle/pistol is only about whether a NFA firearm is made from a GCA firearm, which it is not. It doesn't address actual NFA firearms at all.
- OS