SBR stripped lower sold to me as Title 1 gun. Can I SBR it again?

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[ARCHIVED THREAD] - SBR stripped lower sold to me as Title 1 gun. Can I SBR it again?

Posted: 7/12/2017 5:30:36 PM EDT

Let's say that I bought a stripped AR-type lower that the previous owner had configured as an SBR and had the stamp to go with it. Lower was engraved with his trust name and city. Since it was just a lower it was sold to me as a simple Title 1 gun.
Now let's say that I want to get a stamp for it and make it back into an SBR. Will I run into difficulties since the gun is/was already on the NFA registry? If so, what would I need to do to sort it out (if even possible)? Make sure that the PO has written a letter to the ATF stating that he's removed the gun from NFA configuration and sold it?
And how about the engraving? I'm guessing that I could have the old engraving obliterated or made unreadable and then have my info engraved.

Posted: 7/12/2017 6:13:13 PM EDT

[#1]

You can do that. You don't have to obliterate the old maker markings (you can if you want), but you do have to engrave your info as you know.

Personally I don't really see it as being worth it when stripped lowers are $40. YMMV.

Posted: 7/12/2017 6:46:12 PM EDT

[#2]

It'll jusat cost you $200 and a year wait; you'll have to Form 1 it again.

ATF may have some questions as the serial will be in the Register, so you may want to include an explanatory letter about it being acquired by you as a Title I firearm.

Posted: 7/12/2017 8:10:18 PM EDT

[#3]

It doesn't matter if it was stripped. If the previous owner didn't have it removed from the registry, you just participated in a transfer you don't want to be part of without prior blessing of the alphabet boys.

Mod edit...post contains incorrect info that doesn't need to be repeated

Posted: 7/12/2017 8:26:24 PM EDT

[#4]

Building on this. If the SBR were part of a Trust previously could the owner (TRUST) , original, add the future purchaser to the trust making the transfer completely legal without all the hassle of a wait and no $200.00 payments?

Greg

Posted: 7/12/2017 8:29:31 PM EDT

[#5]

Quote History

Quoted:
It doesn't matter if it was stripped. If the previous owner didn't have it removed from the registry, you just participated in a transfer you don't want to be part of without prior blessing of the alphabet boys.

View Quote

You shouldn't post about things you know nothing about. You couldn't possibly be more wrong.

Posted: 7/12/2017 8:50:29 PM EDT

[#6]

Quote History

Quoted:
It doesn't matter if it was stripped. If the previous owner didn't have it removed from the registry, you just participated in a transfer you don't want to be part of without prior blessing of the alphabet boys.

View Quote

Wrong. Don't bother posting if you don't know what you're posting.

Posted: 7/12/2017 11:01:36 PM EDT

[#7]

Perfectly acceptable to re-SBR it on a Form 1.

Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.

Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.

Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?
A: A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA firearm pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

Posted: 7/13/2017 12:01:28 AM EDT

[#8]

Glad to hear it. That's a good idea to include a letter explaining the situation with my Form 1 paperwork. Thanks for the info, everyone.

Posted: 7/14/2017 9:53:31 PM EDT

[#9]

So what would the receiver be transferred as on a 4473? If it went through a FFL of course.

Posted: 7/14/2017 10:31:19 PM EDT

[#10]

Quote History

Quoted:
So what would the receiver be transferred as on a 4473? If it went through a FFL of course.

View Quote

Other Firearm. Just like any other receiver.

Question 16. Type of Firearm(s): "Other" refers to frames, receivers and other firearms that are neither handguns nor long guns (rifles or shotguns), such as firearms having a pistol grip that expel a shotgun shell, or National Firearms Act (NFA) firearms, including silencers.

If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver not a handgun or long gun. However, frames and receivers are still "firearms" by definition, and subject to the same GCA limitations as any other firearms. See Section 921(a)(3)(B). Section 922(b)(1) makes it unlawful for a licensee to sell any firearm other than a shotgun or rifle to any person under the age of 21. Since a frame or receiver for a firearm, to include one that can only be made into a long gun, is a "firearm other than a shotgun or rifle," it cannot be transferred to anyone under the age of 21, nor can these firearms be transferred to anyone who is not a resident of the State where the transfer is to take place. Also, note that multiple sales forms are not required for frames or receivers of any firearms, or pistol grip shotguns, since they are not "pistols or revolvers" under Section 923(g)(3)(A).

Posted: 7/14/2017 10:35:52 PM EDT

[#11]

I was wondering if that was still the case because it had already been built into a rifle.

Posted: 7/15/2017 9:49:15 AM EDT

[#12]

Quote History

Quoted:
I was wondering if that was still the case because it had already been built into a rifle.

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Yep, that's why the 4473 means nothing with regard to how a lower can and cannot be configured. The option checked on the 4473 is basically just like a "snapshot" of the firearm as it sits at the time of the transfer.

Posted: 7/16/2017 7:49:40 PM EDT

[#13]

ATF recently required that the original owner of a SBR be the one to send the removal letter before allowing a form 1.

As the (previous) FAQ showed, a rifle lacking the defining attributes of a SBR does not fall under the NFA. So, you can have a receiver which is still registered as a SBR but as long as you are title 1 length you are perfectly legal.

If you are in the same state, why not have him transfer it to you on a form 4?

Posted: 7/17/2017 8:57:15 PM EDT

[#14]

Yes, there are $40 stripped lowers out there but not all lowers are $40 lowers. This one was JUST what I wanted. The seller was in a different state so a Form 4 wouldn't have been the way to go. I did find out from him that he had notified the ATF that he was returning the gun to Title 1 status. I'll still probably include a letter with my Form 1 explaining the situation, though.
Thanks for the info, everyone.

Posted: 7/17/2017 9:25:35 PM EDT

[#15]

Quote History

Quoted:
Building on this. If the SBR were part of a Trust previously could the owner (TRUST) , original, add the future purchaser to the trust making the transfer completely legal without all the hassle of a wait and no $200.00 payments?

Greg

View Quote

Sure, you could add them to the trust, if the trust is worded such that any trustees can posess trust assetts. But, note that there's no "transfer" here. The trust still owns the firearm.

But make damn sure you trust the trustee!

And "selling" the firearm to the new trustee is probably a good way to get 10 years in prison.

I suppose the new trustee could make a cash deposit to the trust, but it might be a good idea to keep up with the accounting.

[ARCHIVED THREAD] - SBR stripped lower sold to me as Title 1 gun. Can I SBR it again?

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