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Posted: 4/7/2008 5:36:36 PM EDT
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Thinking about a SBR. Question is this. Once the receiver is registered, can I take it to another state that does not allow SBR's, even though the fully assembled gun (registered lower and 16"+ barreled upper) is legal? My first inclination is that its not legal, Simply because it has been registered as a SBR. I could be wrong though... |
Kinda tricky, but it's all up for interpretation. I would recommend you write a letter to the BATFE to see what they would advise. Correct me if I'm wrong, the law defines an SBR as an actual physical rifle because of the length of the barrel and/or overall length, not by it's serial number. So although the lower receiver is registered as an SBR, if you were to sell the upper (which makes it an SBR) and replace it with one that fits the 16" minimum requirements, on what grounds would the BATFE consider it as an SBR.  I may have missed that part in the NFA guidebook or haven't got to it yet. I know there's an entire section on serial numbers I haven't read yet. |
What I've read is that if you decide to sell the short barrel, you can "un-SBR" the rifle and the ATF will destroy your tax stamp allowing you to transport the rifle wherever. I'm going to just buy another lower so I can put my 16 inch upper on it and take it wherever I damn well please. I'd rather spend another 250 on a lower instead of waste a $200 tax stamp. |
Yup. There are several threads in the NFA Forum on this very topic. You will not get a refund of the $200 tax, so you're better off buying a whole new lower. If you permanently move, you can either leave it in a safe deposit box or with someone (locked in a container that only you have the key to). Refer to ATF FAQ M22 here. |
The lower reciever is the rifle not the upper. |
No, it isn't "up for interpretation" at all. Once registered, the rifle is an SBR, period, regardless of what upper you place on it. You cannot flip back and forth between Title I and Title II classifications at will. Once registered, it is an NFA weapon. You can write ATF if you wish, but this is what they'll tell you. You CAN "un-SBR" your rifle by notifying ATF, but that is a permanent change to configuration and will cost you your $200 transfer tax. In other words, to "re-SBR" it you'd have to do a new Form 1 and pay another $200 tax. |
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