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Posted: 8/27/2016 10:00:04 PM EDT
[#1]
My guess would be that if it has been removed from the registry you would need to reapply for the tax stamp again.
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Posted: 8/28/2016 1:58:00 AM EDT
[#2]
Quote HistoryQuoted:
My guess would be that if it has been removed from the registry you would need to reapply for the tax stamp again. FPNI on this one. You'll need to re-register it, pay the tax and wait the 6-8 month (current) wait time. Just a question, why didn't you just install a 16+ upper on it and call it good? An SBR is only an SBR when in SBR configuration. 100%, no questions asked. |
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Posted: 8/28/2016 2:49:34 AM EDT
[#3]
Quote HistoryQuoted:
My guess would be that if it has been removed from the registry you would need to reapply for the tax stamp again. I would guess this. Although nothing ever really gets removed from the registry (they just make an entry that it's been made a non-NFA Title 1 firearm), I would guess that you would have to reapply for the tax stamp. |
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Posted: 8/28/2016 3:31:06 AM EDT
[#4]
Quote HistoryQuoted:
I would guess this. Although nothing ever really gets removed from the registry (they just make an entry that it's been made a non-NFA Title 1 firearm), I would guess that you would have to reapply for the tax stamp. Quote HistoryQuoted:
Quoted:
My guess would be that if it has been removed from the registry you would need to reapply for the tax stamp again. I would guess this. Although nothing ever really gets removed from the registry (they just make an entry that it's been made a non-NFA Title 1 firearm), I would guess that you would have to reapply for the tax stamp. I guess I could see it either way. But it would seem weird that you would need to buy a stamp again when it is ok to go between NFA and non NFA configuration. |
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Posted: 8/28/2016 4:30:27 AM EDT
[#5]
Quote HistoryQuoted:
I guess I could see it either way. But it would seem weird that you would need to buy a stamp again when it is ok to go between NFA and non NFA configuration. Quote HistoryQuoted:
Quoted:
Quoted:
My guess would be that if it has been removed from the registry you would need to reapply for the tax stamp again. I would guess this. Although nothing ever really gets removed from the registry (they just make an entry that it's been made a non-NFA Title 1 firearm), I would guess that you would have to reapply for the tax stamp. I guess I could see it either way. But it would seem weird that you would need to buy a stamp again when it is ok to go between NFA and non NFA configuration. I think the key would be that if you're sending a letter to the BATFE to say that you're making the SBR into a non-NFA Title 1 firearm you're telling them that it's a permanent change. I could be wrong though (although I don't think so.....  )
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Posted: 8/28/2016 4:33:39 AM EDT
[#6]
If the op moved wouldn't he have to change the address of the sbr? If sbr's in MI are a no no then didn't the op do the right thing? Im not all up on my nfa laws as far as this scenario but im pretty darn sure you'll get a straight answer in the sbr forum.
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Posted: 8/28/2016 4:48:52 AM EDT
[#7]
If you hadn't notified them to take it off the registry, you could have just filed the change of address and been golden.
Do not pass go. Do not collect $200 dollars. |
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Posted: 8/28/2016 5:03:41 AM EDT
[#8]
Quote HistoryQuoted:
If you hadn't notified them to take it off the registry, you could have just filed the change of address and been golden. Do not pass go. Do not collect $200 dollars. But sbr's weren't legal in MI at that time and if he changed address even though technically he didn't physically have an sbr, he had one on paper. What are the legal ramifications of that? I don't know, but worth the peace of mind. |
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Posted: 8/28/2016 8:27:49 AM EDT
[#9]
Thanks for the info. I didn't know there was an SBR form so I've reposted my question there.
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Posted: 8/28/2016 1:21:33 PM EDT
[#10]
You have two similar threads...but the other had a lot more info. I'm moving my answer from that thread to this one and locking the other.
You never should've submitted anything in the first place. Leave the short upper with somebody else, or sell it. You basically caused your own potential problem unnecessarily. With a long upper, it's not an SBR, and you can travel with it wherever you want. If you converted it to non-NFA, and sold it, the new owner would have to file a Form 1. Nobody would've ever had to notify the ATF of the conversion or the sale. Now, seeing as how it's the same person, I'm not sure what their response would be. Be interesting to see when you call. I'd probably email Gary to get his take on it. |
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Posted: 8/28/2016 2:30:53 PM EDT
[#11]
A question for BIg Waylon:
Since it probably was not removed from the registry, would it be possible to just complete a 5320.20 and see what happens? If it comes back approved, I would think he is ok. If it was removed, the 5320.20 will just come back denied or not on file. |
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Posted: 8/28/2016 3:17:25 PM EDT
[#12]
Quote HistoryQuoted:
You have two similar threads...but the other had a lot more info. I'm moving my answer from that thread to this one and locking the other. You never should've submitted anything in the first place. Leave the short upper with somebody else, or sell it. You basically caused your own potential problem unnecessarily. With a long upper, it's not an SBR, and you can travel with it wherever you want. If you converted it to non-NFA, and sold it, the new owner would have to file a Form 1. Nobody would've ever had to notify the ATF of the conversion or the sale. Now, seeing as how it's the same person, I'm not sure what their response would be. Be interesting to see when you call. I'd probably email Gary to get his take on it. So in short if I have a AR that is already SBR and want to take it to some other state temporary. All i have to do is throw on a 16 + upper on it and it is ok. Just being clear that in my scenario that it is not a permanent move. I have a 308 AR that is being form 1 and I would like to take it to the Texas with my friends for hog hunting. |
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Posted: 8/28/2016 3:27:48 PM EDT
[#13]
Quote HistoryQuoted:
So in short if I have a AR that is already SBR and want to take it to some other state temporary. All i have to do is throw on a 16 + upper on it and it is ok. Just being clear that in my scenario that it is not a permanent move. I have a 308 AR that is being form 1 and I would like to take it to the Texas with my friends for hog hunting. Yep. Leave the short upper at home. You're traveling with a non-NFA firearm, so no approval needed (just follow local laws). For that matter, you can permanently do that if you don't have the short upper with you. |
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Posted: 8/28/2016 3:30:47 PM EDT
[#14]
Quote HistoryQuoted:
A question for BIg Waylon: Since it probably was not removed from the registry, would it be possible to just complete a 5320.20 and see what happens? If it comes back approved, I would think he is ok. If it was removed, the 5320.20 will just come back denied or not on file. It's definitely not removed. They just note the registry. Wouldn't hurt to send the 5320.20. I really don't know what they'll do in this case. I'd probably try it with just the form, and if it got kicked back I'd try it again with an explanation letter attached. |
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Posted: 8/28/2016 4:07:24 PM EDT
[#15]
Quoted:
I did a Form 1 and made an SBR when I lived in the Dakotas. I moved to Michigan years ago and before SBRs were legal in this state. As such, I had to install a 16" barrel and sell the short one in order to bring it into Michigan, all of which I did. I also wrote a letter to the AFT Notifying them of the change. They replied and indicated they updated their registry and since the rifle no longer fell under the purview of the NFA, I could bring it to MI without violating state law. I saved the letter with my original Form 1, which I still have. My question is, now that SBRs are legal in MI, can I covert it back by sending another letter to the ATF notifying them of the change, or do I need to do another Form 1 and get a new stamp? I plan on calling the NFA branch and asking them, but I am looking for info on the issue before I do. Thanks I don't know if there's other circumstances surrounding this....sounds like it from the other posts. But it was registered as an SBR, temporarily configured in a non-SBR configuration, and now is being converted back to an SBR. I don't see the problem here, people do that all the time. The only problem I see is we don't know what you wrote in the letter to the ATF...and you should have never written the letter to begin with. I'm of the opinion that from the information I've seen presented, you should file a 5320.20 to your new location and see what happens. |
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Posted: 8/28/2016 6:22:05 PM EDT
[#16]
There is nothing more to it than what I initially wrote. The letter said: Reference to serialized receiver ###### a 16" barrel has been installed and the 10.5" barrel has been sold. Please update the registry.
Hide sights 20-20 but at the time, that is what I was instructed to do according to the ATF and Michigan State Police in order to bring the rifle to Michigan. |
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Posted: 8/28/2016 6:28:13 PM EDT
[#17]
Quote HistoryQuoted:
It's definitely not removed. They just note the registry. Wouldn't hurt to send the 5320.20. I really don't know what they'll do in this case. I'd probably try it with just the form, and if it got kicked back I'd try it again with an explanation letter attached. Quote HistoryQuoted:
Quoted:
A question for BIg Waylon: Since it probably was not removed from the registry, would it be possible to just complete a 5320.20 and see what happens? If it comes back approved, I would think he is ok. If it was removed, the 5320.20 will just come back denied or not on file. It's definitely not removed. They just note the registry. Wouldn't hurt to send the 5320.20. I really don't know what they'll do in this case. I'd probably try it with just the form, and if it got kicked back I'd try it again with an explanation letter attached. This sounds like a good idea. Thanks for the suggestion. |
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Posted: 8/29/2016 9:11:04 PM EDT
[#18]
Circling back, I spoke to the NFA branch today and will have to do another Form 1 if I want to SBR the lower again. Apparently it's not an easy situation to figure out since I had to be transferred three times to get an answer. I just wish the people who are supposed to know these rules and regulations the best hadn't given me less than sound advise in the first place. Lesson learned I guess.
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Posted: 8/29/2016 9:23:27 PM EDT
[#19]
Quote HistoryQuoted:
Circling back, I spoke to the NFA branch today and will have to do another Form 1 if I want to SBR the lower again. Apparently it's not an easy situation to figure out since I had to be transferred three times to get an answer. I just wish the people who are supposed to know these rules and regulations the best hadn't given me less than sound advise in the first place. Lesson learned I guess. Man that really sucks, pay for 2 stamps to sbr 1 rifle. At least you know what you have to do now and what not to do in the future. |
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Posted: 8/29/2016 9:24:44 PM EDT
[#20]
$200...and engrave again. Nice.
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Posted: 8/30/2016 1:15:13 AM EDT
[#21]
I would still try the 5320.20. The misinformation that comes from ATF phone calls is legendary. It's not illegal to send in the form and all you are out are a few more weeks for the forms to return approved or denied.
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Posted: 8/30/2016 2:00:48 PM EDT
[#22]
Quote HistoryQuoted:
I would still try the 5320.20. The misinformation that comes from ATF phone calls is legendary. It's not illegal to send in the form and all you are out are a few more weeks for the forms to return approved or denied. Good point - I'll give it a try and see what happens. Your avatar says it all. |
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Posted: 9/1/2016 12:40:16 PM EDT
[#23]
So tax stamp and lower in hand? Whats the dilemma?
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