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Quarterbore
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Posted: 6/3/2006 4:25:04 PM
[Last Edit: 11/7/2008 12:23:09 PM by tony_k]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
I took the content in the FAQ that follows along with some of the suggestions for additions and various questions and put all in a document and converted it to a PDF with all the links needed. I think we should see if Goatboy is willing to add a FAQ and perhaps the document can live here. If not, I can afford to keep it on my server...

Here is the final FAQ:
quarterbore.com/library/pdf_files/shortbarreledriflefaq.pdf

Enjoy & I will still take updates if this needs them!

––- Original Thread Follows: I just moved things down a notch! ––-
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Quarterbore
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Posted: 1/11/2004 8:54:41 AM
[Last Edit: 5/7/2004 12:29:41 AM by Quarterbore]
Note: I needed to split the SBR FAQ into multiple posts as it has exceeded the 8000 character limit. I will post the original responses below so that due credit is given for suggestions that have been incorporated....


-------------------------------------------

What is the Definition of a Short Barreled Rifle

A short barreled rifle is defined in the US Code, Title 18, Part I, Chapter, Sec. 921. as follows...


(8) The term ''short-barreled rifle'' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.



Also Note! The 1994 Crime bill applies to Short Barreled Rifles the same as it would to any semiautomatic rifle. You can see the crime bill regulations here: quarterbore.com/library/law/crimebill.html. If you are registering a Pre-Ban AR-15 as a Short barreled Rifle then the weapon will retain it's pre-ban status (ref p1 and ref p2) but a POST-BAN rifle must remain in compliance with the crime bill regulation.

Who can build one of these?

The first thing that you need to do is evaluate your state and local laws. Following is a table that can be used as a reference but I can't confirm the accuracy as I am not associated with this table in any way (See: www.full-auto.com/library_states.htm). You can confirm your local and state laws by calling a local Law Enforcement agency in your area and ask if NFA registered Short Barreled Rifles are legal in your jurisdiction.

After you determine that the weapon is legal in your area, you then need to be eligible to own any weapon as defined in the USC here www4.law.cornell.edu/uscode/18/922.html

How do I build one of these Short Barreled Rifles Legally?

Where forms do I need and where do I get them?

To build ANY SBR, all you need to obtain the Form 1s "Application to Make and Register a Firearm" (need 2 forms), fingerprint cards (need 2), and citizenship form (I submitted 2 but 1 may do?). You can get the forms from the BATFE at the numbers listed here: www.titleii.com/atfphone.htm) or use online forms at www.titleii.com. As an expample, you can find the Form 1 at www.titleii.com and it is linked here: www.titleii.com/pdf/NewF1.pdf and citizenship form at titleii.com/pdf/5330-20.pdf.

I use online forms for everything but the fingerprint cards. When printing your own forms, it's best to print both sides on ONE SHEET of paper. There have been rejections lately due to 2 single sided forms being taped or glued together.
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Quarterbore
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Posted: 1/11/2004 8:55:45 AM
[Last Edit: 5/7/2004 12:29:08 AM by Quarterbore]
Cont...

How do I fill out the forms?

Note: Before proceeding, I suggest you print a copy of the Form 1 www.titleii.com/pdf/NewF1.pdf and use the Form and the directions on the last two pages of the linked form as a guide.

After you have the forms, you need to fill out the Form 1 in duplicate. When you fill out the Form 1, YOU ARE THE APPLICANT so your proper name and address goes in BOX-3B. If you use a "PO Box" in 3B, you need to supply a proper street address in the Box 3C or specific directions to the residence must be included. In BOX-4a, the proper MANUFACTURER info is the original maker of the existing firearm/serial # -- Bushmaster, Colt, HK, IMI, Olympic, and so forth. Adopt the serial number as it appears on the the weapon you are using to build your SBR.

Where it lists caliber, I would list all you may want to use (within reason i.e. 22, 9mm, 223, 300/221 as there is no real requirement currently to list all calibers as with the AR-15, that would be insane). For "barrel length" and "overall length" on the Form 1, people have used "less than 16 inches" or "7-15 inches" to allow their SBR paperwork to allow as many options as possible.

Next, you need to get two passport photos or other 2-inch by 2-inch photographs of yourself taken within the past year (proofs, group photographs or photocopies are unacceptable). Attach the photos to your Form 1. If you are computer savvy you can try SBR7_11's method in the footnotes.

Last, fill out the citizenship form(s?) and you are ready to go.

My Forms are filled out, now what?

After the forms are filled out, take these to your local Chief Law Enforcement Agent (CLEO) to get a signature. While at the CLEO's workplace, get yourself fingerprinted on FBI Form FD-258 fingerprint Cards.

What do I sent the BATFE?

After the Form 1 is completed with passport photos attached on each copy of the form, and the Form 1 is signed by your local CLEO, and you have your completed fingerprint cards and citizenship form(s?), you are ready to send the forms and documents to the BATFE for approval.

If state or local law requires a prior permit or license to purchase, possess, or receive NFA firearms, a copy of your permit or license must accompany the application. A check or money order for $200 shall be made payable to ATF by yourself. All signatures on both copies must be in ink. Submit fingerprints on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to your fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.

Again see Titleii.com for more details on where to send the forms. The approval process may take a LONG time but as long as you live in an area where it is legal to own these weapons and you do not have a criminal record or other reasons that make you ineligible to own a SBR, you will be approved. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. Otherwise, the tax will be refunded.

What do I do after I get my approved Form 1 back?

After you obtain your approved Form 1 from the BATFE, you will then need to mark your lower. Specific guidance for the requirements for marking your receiver can be found here www.atf.gov/pub/qtrly_bulletins/vol3_qb2001/subpartc.pdf. The markings NEED to be visible and NOT HIDDEN according to what I have read lately (THIS IS A NEW REQUIREMENT as many people used to engrave this on the stub where the pistol grip mounts so it didn't show...) make sure you do it correctly. As far as doing the engraving, one of the best paces to get a clean engraving is to take your lower receiver to one of the Mall engraving stores but obviously you will not want to take a complete gun and it wouldn't be wise to leave your rifle (lower) with a teenage attendent while you go shopping!

Lastly, after the lower is engraved and you have the approved Form 1 you can at long last obtain the necessary parts to build your SBR and put her together.


Updates to the posts above....

9-Jan-2004 14:30 EST Updated to include Hail Mary's suggestions

9-Jan-2003 15:00 EST Updated w/ info from www.atf.gov/firearms/faq/faq2.htm

10-Jan-2004 8:15 EST Updated to include link to Markings regs www.atf.gov/pub/qtrly_bulletins/vol3_qb2001/subpartc.pdf as faldoc helped me find. Also added definition of SBR, link to state list, and provided guidance to how to determine if legal in your area and state.

10-Jan-2004 16:40 Updated to include SBR7_11 's suggestions (less the sophisticated method to get 2x2 prints on form)

11-Jan-2004 9:22 Added SBR7_11 's more sophisticated method to get 2x2 prints on form below.


If you computer savy, you can print your own pictures in the pic box. Danbrew says that if you have a certain edition of ADOBE, you can simply remove the "Attch pic here" text, and insert the pic, and print all at once. SBR7_11 indicates that he has printed his pics directly on the form through the following process. He first prints a test print of the Form 1 and finds where it prints "attach pic here". He then uses a piece of Scotch tape to cover where that text would be printed on a fresh piece of paper and print your forms. After printing, peel off the scotch tape with the words on it to have a clean photograph box. Set up your computer to print color pictures in the proper location. SBR7_11 indicates "I have a 2x2 pic that I inserted into "WORD", located it, saved it to disc. I can simply put the form into the printer, and print my pic from the disc, ATF accepted it."

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Posted: 1/11/2004 8:56:21 AM
Reserved in case this thread get's any bigger!
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Posted: 1/11/2004 8:59:00 AM
[Last Edit: 5/6/2004 9:26:23 AM by Quarterbore]
Suggestions and updates as provided in original thread...


Originally Posted By Hail Mary:

...and the form 1 is approved by your local CLEO...


I would rephrase this as "and the form 1 is signed by your local CLEO". Their is no need for CLEO approval and the word "approved" may mislead the applicant into believing the form 1 is "approved".

When printing your own forms, it's best to print both sides on ONE SHEET of paper. There has been rejections lately due to 2 single sided forms being taped or glued together.

The marking requirements are min height 3/32, min depth .005 and it's listed on the ATF web site somewhere. The "not hidden" markings is a requirement now.

For "barrel length" and "overall length" on the F1, people have used "less than xx inches" or "7-15 inches".





Originally Posted By faldoc:
SBR maker markings required:
Name, City, State.
Use the same serial number as originally on the gun.
Here is relevant info:

(2) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed), or placed on the frame, receiver, or barrel thereof certain
additional information. This information must be placed in a manner not
susceptible of being readily obliterated, altered or removed. For
firearms manufactured, imported, or made on and after January 30, 2002,
the engraving, casting, or stamping (impressing) of this information
must be to a minimum depth of .003 inch. The additional information
includes:
(i) The model, if such designation has been made;
(ii) The caliber or gauge;
(iii) Your name (or recognized abbreviation) and also, when
applicable, the name of the foreign manufacturer or maker;
(iv) In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where you as the manufacturer
maintain your place of business, or where you, as the maker, made the
firearm; and

[[Page 1219]]

(v) In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where you as the importer maintain your place of
business. For additional requirements relating to imported firearms, see
Customs regulations at 19 CFR part 134.
(b) The depth of all markings required by this section will be
measured from the flat surface of the metal and not the peaks or ridges.
The height of serial numbers required by paragraph (a)(1) of this
section will be measured as the distance between the latitudinal ends of
the character impression bottoms (bases).




Originally Posted By SBR7_11:

Originally Posted By Quarterbore:
I have this question come to me in E-mail every so often so this is obviously something people want to know. Can everybody take a look at this process as I have outlined below and advise if I missed anything or I have any errors....

----------------------------------------------------

What is the Definition of a Short Barreled Rifle

A short barreled rifle is defined in the US Code, Title 18, Part I, Chapter, Sec. 921. as follows...


(8) The term ''short-barreled rifle'' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.



ADD:--- Must be compliant with current AW laws-- Pre-ban = short Pre-ban, Post-Ban = short Post-Ban.


How do I build one of these Short Barreled Rifles Legally?




When you fill out the Form 1, YOU ARE THE MANUFACTURER--APPLICANT so your name and address goes in that box.


You do not specify the box #, but the applicants' proper name and address goes in BOX-3B. If you use a "PO Box" in 3B, you need to supply a proper street address in the Box 3C.

In BOX-4a>>>>>> the proper MANUFACTURE info is the original maker of the existing firearm/serial # -- Bushmaster, Colt, HK, IMI, Olympic, and so forth. Adopt the serial # as it appears on the existing firearm.




Next, you need to get two passport photos or other 2-inch by 2-inch photograph of yourself taken within the past year (proofs, group photographs or photocopies are unacceptable).


If you computer savy, you can print your pics in the pic box.. do a test print of the initial form, find where it prints "attach pic here", I use a piece of Scotch tape to cover that line, print your forms, then peel of the wording printed on the tape, and have a clean white box. Set up for pics, shove forms through printer again and print the pic.






Originally Posted By SBR7_11:
Danbrew says that if you have a certain edition of ADOBE, you can simply remove the "Attch pic here" text, and insert the pic, and print all at once --- I do not have that.

The last 2 Form-4's I did, I had the dealer "tape" the line, print the forms. I have a 2x2 pic that I inserted into "WORD", located it, saved it to disc. I can simply put the form into the printer, and print my pic from the disc, ATF accepted it.

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peekay
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Posted: 1/30/2004 12:53:43 PM
Can you do an SBR via the Corporate route?
Quarterbore
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Posted: 1/30/2004 1:10:55 PM
Yes, you can consider a Corp to be a person and to my knowledge a Corp can do anything an individual can. Ownership of Ms, AOWs, and SBRs included.
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Posted: 1/30/2004 3:04:03 PM
What do I do with my approved Form 1 and stamp? Make copies and keep the original in the safe? Or do I have to keep the original with the weapon? Neither?
Hi, I'm AZ-K9, and afraid I might be travelling to Oak Ridge, TN soon....
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Posted: 1/30/2004 10:17:15 PM
[quote]Originally Posted By AZ-K9: ... Make copies and keep the original in the safe? ...[/quote] Yes. I also laminated the originals.
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Posted: 2/2/2004 12:18:46 AM
is there any rules on how soon you have to build the SBR after approval, or can i let it sit till AWBsunset ?
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Posted: 2/2/2004 8:24:53 AM
[Last Edit: 5/6/2004 9:38:31 AM by Quarterbore]

Originally Posted By AZ-K9:
What do I do with my approved Form 1 and stamp? Make copies and keep the original in the safe? Or do I have to keep the original with the weapon? Neither?



I would treat the approved form 1 like the deed to your house. I keep mine locked up in a safety deposit box and I don't laminate my originals.

Now, you do need to have proof that the weapon is in your name so I carry 2-sided photocopies that I reduce 50%. These I laminate and keep anywhere I may have the weapon including my range bag, carry case, truck, etc. I also keep a full-sized copy in the truck just in case somebody wants to cause a stink about my mini Form 4s.

Now, as far as when to build, there is no law that says your SBR has to be in a SBR configuration so you could register your post-ban as a SBR and waite for the Crime Bill to die to replace the upper with a properly equipped SBR upper.
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Posted: 2/2/2004 10:28:42 AM
that's what i was intending to do thanks QB
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Posted: 2/20/2004 9:32:36 AM
Can the marking of the lower be done inside the mag well?
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Posted: 3/3/2004 12:10:38 AM
[Last Edit: 3/5/2004 7:41:11 PM by jnewt]
Form one is filled out, signed off, finger prints and pics taken, all in duplicate. Just gota drop that check in the package and away it goes... Whats the average wait? 6 months?
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Posted: 3/13/2004 9:36:49 PM
[b]The approval process may take a LONG time but as long as you live in an area where it is legal to own these weapons and you do not have a criminal record or other reasons that make you ineligible to own a SBR, you will be approved[/b] Would this be a "must issue" type situation, provided you meet all applicable requirements, or can a CLEO you've butted heads with in the past simply tell you to get lost?
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Posted: 3/13/2004 9:48:43 PM
The CLEO can be a problem when it comes to getting the signature. If that happes there are other people that can sign such as the local DA, Judge, Sherif, etc. You can also form a Corporation (which I did) and then you don't need CLEO signatures. Now, once it goes to the BATFE for approval, as long as you can leagally own one, you have kept a clean record, and you filled out the paperwork correct... yea, it's a done deal!
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Posted: 3/14/2004 7:04:27 PM
The corporation route, is it easier?
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Posted: 3/14/2004 7:24:56 PM
[quote]Originally Posted By Lumpy_3: The corporation route, is it easier?[/quote] Well, you have the initial effort and expense of setting up a corporation, and you may have annual paperwork/state fees/taxes or tax forms, depending on your state and the way you set up the corp. However, once you have the corporation, it's much easier dealing with BATF(E) requirements: --No CLEO signoff needed. --No fingerprint cards needed. --No photos needed. In addition to saving the time and effort to get the above, my corporate transfers usually take two to three weeks from pending to approved. The longest only took a month; the shortest, nine days. So I would say yes, the corporation route is easier and faster.
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Posted: 3/26/2004 4:28:50 PM
Quarterbore, i am confused about this process. First, there are two forms that have to be send in and only one will be return with the tax stamp if being approved right? Also for the citizenship form, what is it? and how to obtain this (sorry, i am slow on this matter). If the local PD doesn't do finger print, where can i get it done? I just send my sheriff an email last night asking him to sign for my NFA forms and he told me to get all the paper work done then call before stopping by his office. So yeah...i am gathering all info and do it right for once.
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Posted: 3/26/2004 4:38:03 PM
is there any legal way to sbr in michigan?
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Posted: 3/26/2004 5:53:13 PM
[Last Edit: 5/6/2004 9:40:14 AM by Quarterbore]

Originally Posted By tth110:
Quarterbore, i am confused about this process. First, there are two forms that have to be send in and only one will be return with the tax stamp if being approved right? Correct, I believe the BAFTE files the second copy Also for the citizenship form, what is it? and how to obtain this (sorry, i am slow on this matter). I added a link above now but the form is at Tittleii.com as linked If the local PD doesn't do finger print, where can i get it done?Perhaps your local sherif's office



Good Luck! My local CLEO never returned my calls so I went the corp route and it is much easier as far a the whole fingerprint and signature issue.
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Posted: 4/6/2004 3:44:10 AM
Quaterbore, can you give a quick rundown of the legal situatio for owning an SBR/s and AR15/s. There is some sort of problem w/ "constructive" isn't there?
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Posted: 4/6/2004 8:10:59 AM
[Last Edit: 5/6/2004 9:38:08 AM by Quarterbore]

Originally Posted By rightwingnut:
Quaterbore, can you give a quick rundown of the legal situatio for owning an SBR/s and AR15/s. There is some sort of problem w/ "constructive" isn't there?



I replied by starting a new thread as that is off topic... please see ar15.com/forums/topic.html?b=1&f=6&t=237729. I did this as that is a topic that is likely to cause arguments!
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Posted: 4/6/2004 10:35:54 PM
Thanks QB
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Posted: 4/15/2004 11:57:36 AM
QB: Could you include information on how you check the status of your Form 1 (ie phone # for NFA branch and any info you need to have on-hand such as serial no, etc)? My check posted on 3/13, and I'd like to find out if I'm "pending" yet. Thanks!
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Posted: 4/24/2004 5:19:28 PM
Today I filled out my form 1 and citizenship paper, had my mugshot taken (x2), and initiated process to get my CLEO signature.

This ball is ROLLING!!!!!
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