Posted: 5/10/2016 11:17:10 PM EDT
So I posted in the SBR thread already with my question... but I figured there would be a better chance of it getting answered if more people could see it. And also it's GD. 
I am currently deployed and I have a lower waiting for me back home. The FFL is checking with the ATF to see if they can give me the serial number while I'm out here so I can submit my Form 1 and get the ball rolling. Which brings me to my question. Can I do that? I have a trust, however, I never got around to getting it notarized so I am going to try and accomplish that while I'm out here. Assuming I can get it notarized and its GTG, will I be able to upload it and submit my Form 1 while I'm deployed? I still have a couple months so I figured I might as well start the long wait AND get it in before 41F. Does any of this make sense? |
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So, you don't have physical custody of the lower (IE, it's not in your safe at home, it's at the FFL waiting for you to pickup/do NICS/etc)?
That might be the issue here, since it's not technically YOUR lower till it's transferred by the FFL. I'm just shithouse lawyering, though. |
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Quoted:
So, you don't have physical custody of the lower (IE, it's not in your safe at home, it's at the FFL waiting for you to pickup/do NICS/etc)? That might be the issue here, since it's not technically YOUR lower till it's transferred by the FFL. I'm just shithouse lawyering, though. I'd agree with your assessment. Until you take possession and it's 4473'd to you it's not really yours to make into an SBR, you also wouldn't be able to insure the engraving is done, and done correctly. |
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you also wouldn't be able to insure the engraving is done, and done correctly. That part of it doesn't really matter; the engraving isn't really necessary until the NFA firearm is "made". You could Form 1 a lower, sit on it for a year, then engrave it and "make" the SBR. Not having the Title 1 lower transferred to you before submitting the Form 1 is going to be your problem, though. How can you Form 1 a lower if it's not been transferred to you? You may hold legal title to it, but until the 4473 gets completed it hasn't been transferred to you. An analogy would be that you go a gun shop (or friends house), see a firearm that you like, write down the serial number and submit a form with that info. I don't think ATF would look to kindly on it. |
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Quoted:
+1 It has to be on the books as yours first. If you already have an AR I'd do that one now. Then switch out your new lower to the old upper later. Gotta get the trust notarized first also. So, you suggest he Form 1 a firearm currently in his possession, then at some point in the future just swap the new, unregistered, serial-numbered lower with a short upper? I think that's worth 10 years, $250,000 fine, and lots of PMITA action from your new buddies in Cell Block 5. Though, thinking further, he can just swap the new lower with the old upper, keep it in Title 1 config, and slap a new short upper on the existing stamped lower. |