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Posted: 6/25/2022 1:13:40 PM EDT
Hello all,

Haven't posted in quite a while... was wondering if anyone could point me in the direction of finding an answer to my very simple question.

I SBR'ed my MCX Virtus years ago... now it's a P.I.T.A. to take across state lines .

Question:
Can I build out an 80% lower as a PISTOL (throw a brace on it) and just throw my MCX Virtus upper on it that was SBR'ed previously - and take it across state lines?

My understanding is that the LOWER is what is serialized... and now is a pain to take outta state. I guess I just don't know the laws around building out 80%'ers for personal use and taking them outta state.

Thanks in advance!
Link Posted: 6/25/2022 1:18:02 PM EDT
[#1]
Yup, legal federal wise
Link Posted: 6/25/2022 1:23:24 PM EDT
[#2]
Yes, but the 80% and brace both may have state issues, what with all the woke states trying to pretend they have authority to ban 80% and/or all homemade firearms.
Link Posted: 6/25/2022 1:46:40 PM EDT
[#3]
It would be easier to get a 16” upper

My last 5320.20 was denied because I used a 1 year date range for an out of state address that I regularly visit.
Link Posted: 6/25/2022 5:27:09 PM EDT
[#4]
Taking a SBR across state lines is not hard.

Is the state your going to allow SBR’s?

-Fill out a 5320.20 for that state,

-mode of transport: personal vehicle, flying, shipping.

-location of where your going: pick a range, training facility, crazy uncle Jim’s house or anywhere you want.

-fill it out for one calendar year minus one day
(Example 6/25/22-6/24/23).

Wait for approval in 2-3 weeks and you’re now good for a year. As long as you have approval for whichever state it is you are covered state wide. There’s nothing that says you can only have it at the location listed.

Do this for any and all states you feel like. Some people will file these forms on January 1st every year and be good for most of the country.
Link Posted: 7/8/2022 7:10:38 PM EDT
[#5]
If it started out as a pistol just put a brace on the SBR lower.

A SBR is a total package; short barrel, stock and lower.

Remove any one of them and it's not a SBR.
Link Posted: 7/11/2022 5:56:49 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It would be easier to get a 16” upper

My last 5320.20 was denied because I used a 1 year date range for an out of state address that I regularly visit.
View Quote

It has to be just under a year. I did this for 6 years until I moved back to the state I had been traveling to
Link Posted: 7/11/2022 7:08:19 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It would be easier to get a 16” upper

My last 5320.20 was denied because I used a 1 year date range for an out of state address that I regularly visit.
View Quote



If its a specific address house I would permanently change the address and store the sbr in a safe at the new address. leave it.

Link Posted: 7/12/2022 2:07:00 PM EDT
[#8]
Link Posted: 7/15/2022 3:57:38 PM EDT
[#9]
I don't want to pile on with an necessary thread.  I am hoping to move to TX in the next month or so.  I want to get a leg up on my 5320.20.

It's legit to put in a range address or a sportsman club etc?  I don't have a concrete address for a residence at this time and I'd like to be ready to go.

Can I email the form or do I have to use the traditional mail in method?

Link Posted: 7/15/2022 4:02:47 PM EDT
[#10]
maybe don't comply?... I kid, I kid.
Link Posted: 7/15/2022 5:51:14 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I don't want to pile on with an necessary thread.  I am hoping to move to TX in the next month or so.  I want to get a leg up on my 5320.20.

It's legit to put in a range address or a sportsman club etc?  I don't have a concrete address for a residence at this time and I'd like to be ready to go.

Can I email the form or do I have to use the traditional mail in method?

View Quote


I emailed my form to [email protected] when I moved states. It was about 1 1/2 years ago and it took two weeks to get the accepted form in the mail.

If you email you only need to send one form vs paper form requires two forms.

Yes you can fill out the form with a club address for however long (up to a year minus one day) and then file another to make it a permanent move once you find a house. While using the club address make sure the form is filled out as a temporary transfer since it’s not a permanent living situation.

Other options are to change the gun to a title I firearm if possible (take it out of NFA configuration) until approved.

Or you could dismantle the item. Only thing that comes into play here is constructive intent. ( not that anyone ever gets nailed for that).
Link Posted: 7/15/2022 5:58:34 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I emailed my form to [email protected] when I moved states. It was about 1 1/2 years ago and it took two weeks to get the accepted form in the mail.

If you email you only need to send one form vs paper form requires two forms.

Yes you can fill out the form with a club address for however long (up to a year minus one day) and then file another to make it a permanent move once you find a house. While using the club address make sure the form is filled out as a temporary transfer since it’s not a permanent living situation.
View Quote


Thank you sir.  When I file another for the permanent move what should I enter in the "transporting from" box 7?  Should I enter the original address that is on the form 4 and 1 or enter the club address?

Also, I want to make sure I receive the approved copy for the permanent change.  I'm not sure if I can rely on USPS to forward it from the old residence.  I'm open to recommendations.
Link Posted: 7/15/2022 6:26:51 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Thank you sir.  When I file another for the permanent move what should I enter in the "transporting from" box 7?  Should I enter the original address that is on the form 4 and 1 or enter the club address?

Also, I want to make sure I receive the approved copy for the permanent change.  I'm not sure if I can rely on USPS to forward it from the old residence.  I'm open to recommendations.
View Quote


Box #7 should be the current address that the NFA items are registered to. I say current address in case you’ve moved previously. If so then the address on the original form 1&4 wouldn’t be correct since you’ve moved before (provided you updated the ATF at that time).

You can fill in box #5 differently and have the approved or denied form returned to you at your new address.
Link Posted: 7/15/2022 6:32:09 PM EDT
[#14]
Link Posted: 7/15/2022 6:32:51 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Box #7 should be the current address that the NFA items are registered to. I say current address in case you’ve moved previously. If so then the address on the original form 1&4 wouldn’t be correct since you’ve moved before (provided you updated the ATF at that time).

You can fill in box #5 differently and have the approved or denied form returned to you at your new address.
View Quote


Thanks again.  Don't know how I missed box 5.  That's pretty self explanatory.
Link Posted: 7/15/2022 6:34:02 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

It’s always amazing what you can learn from reading the instructions on the form.
View Quote


Yes, I saw the email address on the form after I posted the question.  I'm not that smart.  

Link Posted: 7/15/2022 6:35:08 PM EDT
[#17]
I've heard when making a permanent move with in the same state it isn't necessary to file a 5320.20 but it's recommended.  Anyone have thoughts on this?
Link Posted: 7/15/2022 6:37:04 PM EDT
[#18]
I’ve learned a ton here thanks to BigWaylon and a few others. Reading what they post as well as reading the forms themselves do answer a lot of questions. But sometimes the word games get confusing when you read it 50 times and and start questioning if you’re doing it right.

I’ve asked a ton of questions here over the years.
Link Posted: 7/15/2022 6:44:25 PM EDT
[#19]
The first time I moved states I did it wrong. I did paperwork to transport but not move. Didnt know I needed to. Applied for new NFA 3 years later and they approved.

Moved again but did a range for temp (didn’t have a house) and then permanant. Seems to be loose but it worked
Link Posted: 7/15/2022 7:31:56 PM EDT
[#20]
Link Posted: 9/15/2022 9:30:36 AM EDT
[#21]
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Link Posted: 9/15/2022 9:34:45 PM EDT
[#22]
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