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Posted: 6/25/2022 1:28:57 AM EDT
I’m kinda confused and have been trying to find a clear answer.

My intention is to build an SBR, after I get my Form 1 tax stamp approval.

Is there a length minimum or maximum for an SBR?

I get that the barrel must be less than 16”, but the 26” overall length is what I’m not finding a clear answer on.

Is an SBR supposed to be less than 26”, is it supposed to be more than 26”?  Or does it not even matter at all?
Link Posted: 6/25/2022 1:53:33 AM EDT
[#1]
Would have been better off posting in the NFA section, but to answer your question the OAL of your SBR does not matter, and having it be less than 26" does not change it's classification to an AOW. If it has a stock, a barrel less than 16" and/or an OAL of less than 26" it's an SBR.
Link Posted: 6/25/2022 2:58:41 AM EDT
[#2]
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Quoted:
Would have been better off posting in the NFA section, but to answer your question the OAL of your SBR does not matter, and having it be less than 26" does not change it's classification to an AOW. If it has a stock, a barrel less than 16" and/or an OAL of less than 26" it's an SBR.
View Quote

OAL does matter that's why they say say OR not and/or. If it has a stock and a oal of less than 26" it's an SBR. One of the famous Randy Weaver Short Barreled Shotgun's had a 18" barrel but the stock cut short so it was under the 26" OAL

Pretty sure I have that right but its late and I'm tired.
Link Posted: 6/25/2022 7:51:40 AM EDT
[#3]
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Quoted:

OAL does matter that's why they say say OR not and/or. If it has a stock and a oal of less than 26" it's an SBR. One of the famous Randy Weaver Short Barreled Shotgun's had a 18" barrel but the stock cut short so it was under the 26" OAL

Pretty sure I have that right but its late and I'm tired.
View Quote


18 USC § 921(a)(8)

Short-Barreled Rifle

(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.


This is how I understand it, those with far more NFA experience than myself feel free to correct/roast me.

If you were to take a title 1 rifle, and 'make' a new configuration from it that has a bbl less than 16" or an overall length of less than 26" it is an SBR because it was made from a rifle which means it was orginally and therefore will always be 'designed to be fired from the shoulder' because 'once a rifle always a rifle'. These seperately do both make an SBR however the features are not mutually exclusive and both could apply simultaneously. The AOW category exists for things that do not fit the definitions of 'rifle' 'shotgun' 'pistol'.

Where things change, is if OP is starting a build from scratch. If with a virgin title 1 'firearm' (lower), OP 'makes' it in a configuration with a barrel less than 16" and an OAL less than 26", and never puts a stock on it then OP has a neither an SBR nor AOW but infact a title 1 'pistol' because it was never designed or redesigned to be fired from the shoulder. Where the 26"/AOW classification would come into play is if for example OP took his new 'pistol' with an OAL less than 26" and added a VFG, he has now 'redesigned' it to be fired with two hands so it isn't a pistol anymore, but it's still not and never has been designed to be fired from the shoulder so it's not a 'rifle' either short or otherwise, which brings us neatly to AOW. Not a rifle, not a pistol, not a shotgun.

Further, if OP's new 'pistol' was 'made' in a configuration of say a bbl less than 16" but with an OAL of greater than 26", it is no longered considered 'concealable' and if he added a VFG to that he would have a 'long ass pistol with a VFG', which is no different legally than any other title 1 'pistol', except it's long as shit and has a VFG.

(ATF 'interpretation' of AR pistol criteria/points/feelings notwithstanding because it isn't codified law supported by statute, it's bullshit)
Link Posted: 6/25/2022 10:32:02 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


18 USC § 921(a)(8)

Short-Barreled Rifle

(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.


This is how I understand it, those with far more NFA experience than myself feel free to correct/roast me.

If you were to take a title 1 rifle, and 'make' a new configuration from it that has a bbl less than 16" or an overall length of less than 26" it is an SBR because it was made from a rifle which means it was orginally and therefore will always be 'designed to be fired from the shoulder' because 'once a rifle always a rifle'. These seperately do both make an SBR however the features are not mutually exclusive and both could apply simultaneously. The AOW category exists for things that do not fit the definitions of 'rifle' 'shotgun' 'pistol'.

Where things change, is if OP is starting a build from scratch. If with a virgin title 1 'firearm' (lower), OP 'makes' it in a configuration with a barrel less than 16" and an OAL less than 26", and never puts a stock on it then OP has a neither an SBR nor AOW but infact a title 1 'pistol' because it was never designed or redesigned to be fired from the shoulder. Where the 26"/AOW classification would come into play is if for example OP took his new 'pistol' with an OAL less than 26" and added a VFG, he has now 'redesigned' it to be fired with two hands so it isn't a pistol anymore, but it's still not and never has been designed to be fired from the shoulder so it's not a 'rifle' either short or otherwise, which brings us neatly to AOW. Not a rifle, not a pistol, not a shotgun.

Further, if OP's new 'pistol' was 'made' in a configuration of say a bbl less than 16" but with an OAL of greater than 26", it is no longered considered 'concealable' and if he added a VFG to that he would have a 'long ass pistol with a VFG', which is no different legally than any other title 1 'pistol', except it's long as shit and has a VFG.

(ATF 'interpretation' of AR pistol criteria/points/feelings notwithstanding because it isn't codified law supported by statute, it's bullshit)
View Quote


Thanks for your response.

Virgin lower build.

Will put on a 10.3” barrel.

Once approved, will have a Magpul stock.

OAL length with the stock extended will be 29”

Not sure if I will have a VFG or AFG.

Also possible I sometimes use an SBA4 pistol brace just cause I have one (I don’t know if it can be called a pistol brace anymore once August gets here)  

OAL then is less that 26”

Those specs would be an SBR either way, correct?

It was always clear to me that barrel length or OAL to determine if it was an NFA item.  Your answer helped a lot with that.

What wasn’t clear to me was once it is classified as an SBR, do those configurations change anything or get me in trouble?

I’m curious because I will probably play with some changes to see what I like the best, since I can’t build it yet to try it out before getting approval.

OAL more or less than 26”
VFG vs AFG
Stock vs what was formerly called a pistol brace, which should really be a stock too going forward I would think.
Link Posted: 6/25/2022 12:13:08 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

What wasn't clear to me was once it is classified as an SBR, do those configurations change anything or get me in trouble?

I'm curious because I will probably play with some changes to see what I like the best, since I can't build it yet to try it out before getting approval.

OAL more or less than 26"
VFG vs AFG
Stock vs what was formerly called a pistol brace, which should really be a stock too going forward I would think.
View Quote
Once it's a tax-paid SBR you can mess around with whatever grips and stocks you want. An SBR can be reverted to a pistol with the removal of the stock (I'll leave the AFG on pistols debate to others) for easier travel etc. When the stock goes back on, you have returned it to SBR configuration.
Link Posted: 6/25/2022 1:03:06 PM EDT
[#6]
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Quoted:
Once it's a tax-paid SBR you can mess around with whatever grips and stocks you want. An SBR can be reverted to a pistol with the removal of the stock (I'll leave the AFG on pistols debate to others) for easier travel etc. When the stock goes back on, you have returned it to SBR configuration.
View Quote

Thank you
Link Posted: 6/25/2022 1:08:00 PM EDT
[#7]
Link Posted: 6/25/2022 1:14:53 PM EDT
[#8]
Great info in this thread.  I am trying to work my way through the SBR process.  As I fill out the forms a barrel length is a required field.  So if I build an SBR with a 11.5 barrel, am I committed to that length barrel? I can't put a 10 3 or 14.5 upper on my SBR lower?
Link Posted: 6/25/2022 2:00:04 PM EDT
[#9]
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Quoted:
So if I build an SBR with a 11.5 barrel, am I committed to that length barrel? I can't put a 10 3 or 14.5 upper on my SBR lower?
View Quote

Incorrect. Submit it as originally configured, swap at will.

All covered in the Armory forum. It's not as daunting as many find it.
Link Posted: 6/25/2022 3:42:18 PM EDT
[#10]
Welp, this thread helped.

Thanks guys.

I submitted my efile just now after making sure I knew what I could do after it’s approved.

I’m so stinking excited I can’t stand it.

It’s in my gun trust, hopefully it’s approved “quickly” whatever that is for the ATF.

My fear is the recent rulings by the SC might have the administration tell them to slow it down.  Especially since they’re buying all of our ammo, and shutting down Lake City.  So we know what they want to do.

Couple that an influx of apps because of the coming pistol brace ban, & it could destroy the current approval times which has been fast for efile apps.

They’ve already approved me twice before for silencers, but of course that means nothing.  Waiting for those was pure torture.

I got the notification that it’s submitted/in process shortly after I paid for and certified the application.
Link Posted: 6/25/2022 4:37:53 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Incorrect. Submit it as originally configured, swap at will.

All covered in the Armory forum. It's not as daunting as many find it.
View Quote

Thank You
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