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Posted: 9/11/2020 9:57:03 AM EDT
[#1]
Easiest way is to sell upper and then deal with lower later. Might make selling them separately anyways and ppl mY not want an engraved lower with other ppl info
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Posted: 9/11/2020 11:38:12 AM EDT
[#2]
Quoted: I'm currently in the process of selling an SBR as a regular non-SBR firearm in state. I've read that I don't have to remove it from the registry so long as it is sold in a non-SBR configuration, however I've also read that it has to be removed from the registry before the buyer can submit Form 1 paperwork to turn it back into an SBR. I called NFA this morning to confirm and the guy on the other end of the line (who sounded half asleep and disinterested) told me it has to be off the registry before I can sell it in any configuration. Does anyone have an example of current NFA regulations in writing that would contradict what the friendly NFA branch operator told me? Source: Ted Clutter, BATFE If the buyer plans on submitting for tax stamp to re-SBR it, I’d personally write a letter to the BATFE telling them to remove it from the registry and have it in my hand before selling it. Then, I’d send a copy of the letter with the firearm to the buyer. What the buyer does after he purchases it is between he and BATFE. |
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Posted: 9/11/2020 11:49:33 AM EDT
[#3]
Quote HistoryQuoted: Easiest way is to sell upper and then deal with lower later. Might make selling them separately anyways and ppl mY not want an engraved lower with other ppl info It may not be an AR or any upper/lower receiver firearm. I'd wait until you get the confirmation letter. |
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Posted: 9/11/2020 2:54:37 PM EDT
[#4]
I went through this exact thing earlier this year. My NFA lawyer said that I was good to sell so long as it isn't in an NFA configuration. I then notified the ATF so subsequent owners could concert to an SBR if desired
Bottom line - not"configured" as an SBR, doesn't have to be treated as an SBR |
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Posted: 9/11/2020 3:41:28 PM EDT
[#5]
I sold a couple former SBRs earlier this year. My experience, which had a pucker factor moment, is in my posts in this thread: https://www.ar15.com/forums/Armory/Selling-SBR-questions-/51-511175/
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Posted: 9/12/2020 7:54:12 PM EDT
[#6]
You may or may not get any confirmation that something has been updated in the registry. I've seen reports of people getting them 2mos to 1 year + from when they sent them in, also seen reports that they never received anything at all.
You really want to wait that long for something thats not even legally required? |
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Posted: 9/12/2020 10:01:45 PM EDT
[#7]
legally your good. But if the buyer wants to form 1 it back into an sbr, they will get denied until its removed from the registry. So its polite to wait. Id send them multiple memos saying its no longer an sbr until they get it done
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Posted: 9/27/2020 11:13:35 AM EDT
[#8]
Sell it in a non-NFA configuration, it's non-NFA. No need to ask permission, or file anything.
Anyone who says otherwise hasn't done their homework. |
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Posted: 9/27/2020 12:05:29 PM EDT
[#9]
If you don't notify the atf then the new owner will not be able to make it into an sbr. The atf will still have it in their database.
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Posted: 9/27/2020 3:35:40 PM EDT
[#10]
Quote HistoryQuoted: If you don't notify the atf then the new owner will not be able to make it into an sbr. The atf will still have it in their database. Sure they can. It’ll always be in the database. New maker will most likely get questioned, or can proactively include a note saying they bought it in a non-NFA configuration...but they won’t be prohibited forever just because the original maker doesn’t do the notification. |
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Posted: 9/27/2020 3:49:58 PM EDT
[#11]
Why not just Form 4 it to the new owner?
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Posted: 9/28/2020 12:18:57 AM EDT
[#12]
30 day efile vs 300 day form4
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Posted: 9/28/2020 11:19:05 PM EDT
[#13]
Quote HistoryQuoted: Sure they can. It’ll always be in the database. New maker will most likely get questioned, or can proactively include a note saying they bought it in a non-NFA configuration...but they won’t be prohibited forever just because the original maker doesn’t do the notification. I wish it were that easy. Buf from personal experience as recently as a month ago, the atf will make you contact the original registrar, have them submit a memo, and even then they will not approve the form (they will disapprove it and send a refund) unless the memo has been processed and it is no longer listed as NFA in their database. The second time i even attached a copy of the sellers memo to the eform application. I'm not speaking from assumptions. I am telling you exactly what happened to me TWICE THIS YEAR! |
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Posted: 9/29/2020 11:47:46 AM EDT
[#14]
Quote HistoryQuoted: 30 day efile vs 300 day form4 This. Buy as a pistol Eform 1 to SBR Convert back to pistol Sell New owner EForm1s it as SBR Much faster for everyone even if there are hiccups along the way as SgtFish described |
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Posted: 10/1/2020 10:17:51 PM EDT
[#15]
I’ll never buy someone else’s SBR configured as a Non-SBR... nor would I ever sell an SBR to someone without fully deactivating it first. Why risk it... blows my mind what people will do just to avoid buying a $100 receiver
“Oh don’t worry officer, the guy I bought it from pulled off the stock and put a tennis ball on the end” |
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Posted: 10/2/2020 1:37:01 PM EDT
[#16]
Quote HistoryQuoted: I’ll never buy someone else’s SBR configured as a Non-SBR... nor would I ever sell an SBR to someone without fully deactivating it first. Why risk it... blows my mind what people will do just to avoid buying a $100 receiver “Oh don’t worry officer, the guy I bought it from pulled off the stock and put a tennis ball on the end” For ARs, yeah, I agree. However for non AR SBRs it may make more sense. |
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Posted: 10/2/2020 2:20:58 PM EDT
[#17]
Quote HistoryQuoted: I’ll never buy someone else’s SBR configured as a Non-SBR... nor would I ever sell an SBR to someone without fully deactivating it first. Why risk it... blows my mind what people will do just to avoid buying a $100 receiver “Oh don’t worry officer, the guy I bought it from pulled off the stock and put a tennis ball on the end” Where are you finding HK SP5 receivers for $100?!? |
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Posted: 10/5/2020 3:40:48 PM EDT
[#18]
Quote HistoryQuoted:
If you don't notify the atf then the new owner will not be able to make it into an sbr. The atf will still have it in their database. |
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Posted: 10/5/2020 4:57:11 PM EDT
[#19]
maybe someone should write a letter to the ATF...
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Posted: 10/5/2020 7:24:25 PM EDT
[#20]
Quote HistoryQuoted: I know for a fact this is incorrect. As I stated in a separate reply. It is in fact correct as it has happened to me twice this year. Both times I was told by my atf examiner to have the seller submit a memo stating that it is no longer an NFA item and wait for it to be removed from the registry before resubmitting my form 1. My money was refunded and my forms were marked disapproved for duplicate serial number. When I sent them the memo they said that it had to be sent by the person to registered to in their database and it must be processed before I can get an approval. I stated that there is no legal requirement for them to do so, so they must approve my application. They claimed they are not able to enter it into the system until it is removed from their system. I can send you the denied form 1s and the email exchanges with the examiner for proof if you want them, just pm me your email. What makes you claim that I am stating false information? |
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Posted: 10/5/2020 10:49:26 PM EDT
[#21]
Quoted: As I stated in a separate reply. It is in fact correct as it has happened to me twice this year. Both times I was told by my atf examiner to have the seller submit a memo stating that it is no longer an NFA item and wait for it to be removed from the registry before resubmitting my form 1. My money was refunded and my forms were marked disapproved for duplicate serial number. When I sent them the memo they said that it had to be sent by the person to registered to in their database and it must be processed before I can get an approval. I stated that there is no legal requirement for them to do so, so they must approve my application. They claimed they are not able to enter it into the system until it is removed from their system. I can send you the denied form 1s and the email exchanges with the examiner for proof if you want them, just pm me your email. What makes you claim that I am stating false information? He most likely had one go through they didn't catch. With their history it's not hard to believe they've missed a few. |
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Posted: 10/6/2020 7:30:09 AM EDT
[#22]
Quote HistoryQuoted: He most likely had one go through they didn't catch. With their history it's not hard to believe they've missed a few. Extremely common with paper forms, especially if it was originally registered before eforms was used. So many horror stories of machine guns transferred as transferable later coming back as a dealer sample. |
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