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Posted: 4/19/2012 5:26:09 PM EDT
[Last Edit: 4/19/2012 5:26:09 PM EDT by Lancelot]
I have a question regarding lowers.  I'm in the great state of CT and I'm thinking about purchasing a pre ban lower.  This means that the lower would be 50 state legal with a 16'' or longer upper.  If I have the lower done up for an SBR, can I still transport the lower with a 16'' or longer upper throughout the 50 states?  Or would I need a permission slip from the ATF everytime I brought the lower out of state?
Link Posted: 4/19/2012 5:00:55 PM EDT
From the ATF NFA SBR FAQ LINK


Q: If I remove the short barrel from my SBR or SBS, may I move the firearm across state lines without the submission of ATF Form 5320.20, Application to Transport or to Temporarily Export Certain Firearms?
If the registrant retains control over the parts required to assemble the SBR or SBS, the firearm is still be subject to all requirements of the NFA. ATF recommends contacting law enforcement officials in the destination state to ensure compliance with state and local law.

Q: May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.


it depends on how you define control... to me control means that I have the items readily available to reassemble the item as an SBR... if i leave an SBR upper locked at my safe 100 miles away, those parts aren't under my control
Link Posted: 4/19/2012 5:31:13 PM EDT
Originally Posted By hellbound:
From the ATF NFA SBR FAQ LINK


Q: If I remove the short barrel from my SBR or SBS, may I move the firearm across state lines without the submission of ATF Form 5320.20, Application to Transport or to Temporarily Export Certain Firearms?
If the registrant retains control over the parts required to assemble the SBR or SBS, the firearm is still be subject to all requirements of the NFA. ATF recommends contacting law enforcement officials in the destination state to ensure compliance with state and local law.

Q: May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.


it depends on how you define control... to me control means that I have the items readily available to reassemble the item as an SBR... if i leave an SBR upper locked at my safe 100 miles away, those parts aren't under my control


That makes sense to me.  Thanks for the input.
Link Posted: 4/19/2012 5:40:52 PM EDT



Originally Posted By JimboJones1:


I have a question regarding lowers.  I'm in the great state of CT and I'm thinking about purchasing a pre ban lower.  This means that the lower would be 50 state legal with a 16'' or longer upper.  If I have the lower done up for an SBR, can I still transport the lower with a 16'' or longer upper throughout the 50 states?  Or would I need a permission slip from the ATF everytime I brought the lower out of state?


First it would not be 50-state legal even if it is built with a pre-ban lower.



Second, an SBR is defined by its configuration, so if has >16 BBL and OAL > 26 it is not an SBR.



 
Link Posted: 4/19/2012 6:53:43 PM EDT
Originally Posted By RenegadeX:

Originally Posted By JimboJones1:
I have a question regarding lowers.  I'm in the great state of CT and I'm thinking about purchasing a pre ban lower.  This means that the lower would be 50 state legal with a 16'' or longer upper.  If I have the lower done up for an SBR, can I still transport the lower with a 16'' or longer upper throughout the 50 states?  Or would I need a permission slip from the ATF everytime I brought the lower out of state?

First it would not be 50-state legal even if it is built with a pre-ban lower.

Second, an SBR is defined by its configuration, so if has >16 BBL and OAL > 26 it is not an SBR.
 


Gotcha, thanks.
Link Posted: 4/19/2012 7:19:11 PM EDT
A registered SBR lower is always an SBR subject to NFA laws (regardless of the length of barrel currently attached) until it is removed from the NFA registry.
Link Posted: 4/19/2012 7:30:40 PM EDT
Originally Posted By m499:
A registered SBR lower is always an SBR subject to NFA laws (regardless of the length of barrel currently attached) until it is removed from the NFA registry.


WRONG.
See post above.
Link Posted: 4/19/2012 7:30:52 PM EDT
Originally Posted By m499:
A registered SBR lower is always an SBR subject to NFA laws (regardless of the length of barrel currently attached) until it is removed from the NFA registry.


Um.. no its not.

Copied from above link:
Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
While a receiver alone may be classified as a “firearm” under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR).

Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?
A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
If the possessor retains control over the barrel or other parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law.

Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.

Q: Is it necessary to send notification to ATF and receive acknowledgement that the SBR or SBS has been removed from the purview of the NFA before it may be sold as a GCA firearm?
There is no requirement for the possessor of a registered NFA firearm to notify ATF that the firearm has been removed from the purview of the NFA. However, ATF recommends the possessor notify the NFA Branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime. If, at the time of transfer, the firearm does not meet the definition of a SBR, it should be transferred without filing the NFA transfer application and without payment of the transfer tax.
Link Posted: 4/19/2012 7:36:14 PM EDT
It doesn't remove it from the registry, but you can temporarily travel with it in a non NFA configuration without notification as long as you don't also travel with the parts to bring it back to a non NFA configuration.

If you want to travel with it configured as an SBR, then yes, you have to submit a form 6651 or whatever it is.

And you can travel from state to state with anything that's legal to own in your state of residence, as long as you store it properly during transport.  Doesn't mean you wouldn't still get hassled if they ran across it.

Unless they're changed their mind once again lately.
Link Posted: 4/19/2012 7:37:42 PM EDT



Originally Posted By m499:


A registered SBR lower is always an SBR subject to NFA laws (regardless of the length of barrel currently attached) until it is removed from the NFA registry.


Please do not post incorrect info when correct info has already been posted.



 
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