I have a MP5 clone that started life as a pistol. I then form 1'ed it, and made it into a SBR.

My question is, can I remove the stock and grip (throw a basic cap back on), send in a letter to have it removed from the registry, and return it to a pistol which I could then transfer like any other pistol?

I would not notify ATF until after it is sold.

This is a point of legitimate debate.

One side says that Pistol > Rifle > Pistol is perfectly legal under the TC Contender case.

Other side says that a pistol made form an SBR is by definition a firearm made from a rifle, and you can't make a Title I pistol from a rifle.

In my mind there's one real question that needs to be answered:
Does SBRing a pistol negate it's original classification as a Title I pistol?

To my knowledge there's never been a complete ruling on this specific situation.

I recently did this, and yes it can be done. This is an email I rec'd from the ATF. I sent the letter by email and in a couple weeks rec'd the confirmation letter. Hope this helps, go for it.

Good morning Gene, In case you haven’t received your answer yet… Yes, you can sell it as a pistol. You’ll have to check with your state laws to see if you need to do anything to be lawful. You’ll also need to write a letter to the NFA Branch advising you are removing the stock, removing it from under the purview of the NFA, and selling the pistol. The letter will need to include your trust name, who you are to the trust, your address, the mfg, model, SN, and I’d include some type of contact information (email or phone number, in case they have any questions).  Once a specialist reviews your request they will send you a letter advising it is no longer under the NFA purview and a regular pistol again.  The letter can be sent to [email protected] or BATFE / NFA Branch, 344 Needy Rd, Martinsburg, WV 25405. If you are selling it as a SBR: The transfer will have to be on a form 4, the form must be approved and you must have the approved stamp to transfer to the buyer at the same time as the SBR. If you are selling it to a person (an individual, trust, LLC, Co, etc) they must be in the same state as you. If you are selling it to a dealer who has both a active FFL and SOT licenses, you can sell it to them even if they are out of state. Let me know if this helps or you have any other questions. V/r, Lauren RinaudotLegal Instruments ExaminerUS Department of JusticeBureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE)National Firearms Act Branch (NFA)244 Needy Road, Martinsburg, WV 25405304-616-4527 – Office   304-616-4501 - Fax[email protected]