Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 6/24/2009 8:43:46 AM EDT
If you have a lower for which you get an approved Form 1 for SBR, is it an SBR at the time the Form 1 is approved, or not until you physically mate it with a short barrel upper?

Example: you get Form 1 SBR approval for your lower, but only have a >16" upper and have not yet completed your short-barrel upper build.
You want to take the SBR-registered lower and 16" upper out of state, and DO NOT YET OWN a short-barrel upper––is this still Title 1 (non-SBR), or do you need to fill out paperwork with ATF to travel with this configuration out of state?
Link Posted: 6/24/2009 9:18:58 AM EDT
[#1]
You will likely get all sorts of ideas and advice on this one.  

But the definition of an SBR under the LAW defines it as a firearm with certain features.  There is nothing in the LAW that defines an SBR as "registered as..."   It simply goes by physical features of the gun its self.
Link Posted: 6/24/2009 3:44:09 PM EDT
[#2]
From the conversations I have had with the ATF, your Form1 items become an NFA item the second the tax stamp is afixed to your Form1.  I had a Kahr Thompson that I SBR'd on a Form1 but never got around to getting a short barrel for it.  I sold it as a Title I rifle by sending a letter to the ATF and having them ammend the registry.  When I got the letter back from the ATF I sold it for more than I paid including the cost of the tax stamp.  In the process of doing this I had a few conversations with ATF.  It was then that they told me my Thompson was an SBR the second they put the tax stamp on my form regardless if I put a short barrel on it or not.

MadDog
Link Posted: 6/25/2009 7:57:35 AM EDT
[#3]
Quoted:
From the conversations I have had with the ATF, your Form1 items become an NFA item the second the tax stamp is afixed to your Form1.  I had a Kahr Thompson that I SBR'd on a Form1 but never got around to getting a short barrel for it.  I sold it as a Title I rifle by sending a letter to the ATF and having them ammend the registry.  When I got the letter back from the ATF I sold it for more than I paid including the cost of the tax stamp.  In the process of doing this I had a few conversations with ATF.  It was then that they told me my Thompson was an SBR the second they put the tax stamp on my form regardless if I put a short barrel on it or not.

MadDog


Then how is it possible to get a refund on a firearm that was registered via a Form 1, but never actually made into a NFA firearm?

Such a possibility is reflected in the ATF NFA Handbook, Section 6.8:

Section 6.8 Withdrawal or Cancellation of an ATF Form 1 and Refund of Making Tax. The Form
1 applicant may withdraw the application by submitting a request, in writing, to the Chief, NFA Branch.
The applicant may also cancel an approved Form 1 application by submitting a request, in writing, to the
Chief, NFA Branch. The request for cancellation must state that the firearm was not made and must
include the approved Form 1 with the stamp affixed. The NFA Branch will amend the NFRTR to reflect
the withdrawal or cancellation of the application and arrange for the refund of the making tax. A request
for cancellation may only be done if the firearm has not already been manufactured. If the firearm is
made, the tax liability is incurred and the applicant cannot seek a cancellation.


http://www.atf.gov/firearms/nfa/nfa_handbook/chapter6.pdf
Link Posted: 6/25/2009 2:16:50 PM EDT
[#4]
I sent in a Form 1 & it came back approved.  It was for one of the ORF RF5 receivers that I still have a certificate for with a serial number on it.  Needless to say, after 5 years these are still not being made.  I did send it back to BATFE & got my $200 back a couple years ago.  The Form 1 is an APPLICATION to make the item.  No NFA items exists until it's made.  Until you mate the upper & lower, the application can be withdrawn & the item never existed.  BS that the approved, stamped Form 1 application magically creates an NFA item.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top