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Posted: 2/8/2014 2:28:31 AM EDT
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Hey all,
I was just looking into getting a SBR setup for Patrol use and i'm buying the barrel and putting it on my rifle and it would be on a dept letterhead that states if I leave its the departments. Now would that mean to whole rifle? or I could just give back the barrel? thanks guys |
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Quoted:
Hey all, I was just looking into getting a SBR setup for Patrol use and i'm buying the barrel and putting it on my rifle and it would be on a dept letterhead that states if I leave its the departments. Now would that mean to whole rifle? or I could just give back the barrel? thanks guys the dept letterhead doesn't make you in compliance with the NFA. it will still need to be registered as an SBR and the correct form filled out however it will be TAX exempt. i don't know what the form is off the top of my head but just being LEO or LEA doesn't give you the right to circumvent the NFA which states that ALL SBR's have to be registered correctly. as far as the barrel goes, anybody can own a short barrel as long as its put on a legal weapon such as an AR pistol or a registered SBR |
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from what i read you will still need to submit the form 1 for the rifle and where you mark the tax paid part it should either be B or C. like i mentioned before, the lower still has to be registered with the NFA as an SBR before you can legally use it even with the dept.. don't want to see you get yourself in any trouble because as your fully aware being an LEO that ignorance of the law is no excuse and the BATFE don't play no matter who you are.
this is directly off the form 1. b. Tax Exempt because firearm is being made on behalf of the United States, or any department, independent establishment, or agency thereof. c. Tax Exempt because firearm is being made by or on behalf of any State or possession of the United States, or any political subdivison thereof, or any official police organization of such a government entity engaged in criminal investigations. hope this helps out. |
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Several different things to consider. If it is a dept lower you are going to be using and it is a machine gun or SBR that is registered to the dept., you can use whatever upper you want on it. There is no need for any dept letterhead to purchase the upper. Also, even if you leave the dept, you can still keep the upper, you would just need a pistol lower, registered SBR lower or have no other ARs in your possession. Whether or not your dept. would allow you to put a different upper on their rifle would be dependent on your agencies rules and regs. If it is a dept. lower that is not registered, your agency will need to register it as a SBR with ATF tax free. If you buy the upper to complete the SBR once the application is approved, you could still take it with you if you leave the agency. This would be dependent on your agency policy. If it is a personal lower, you will need to fill out a Form 1, pay $200 for the tax, and wait for approval from ATF before putting a SBR upper on it. If you go this route, the SBR is registered to you and is your property, so no need to give it up if you leave the agency. Depending on how you file the Form 1, there is a pretty lengthy wait for approval. LEOs and LE agencies must still abide by federal law. An agency that makes an SBR without proper approval is in violation of federal law. I am a LEO and wait my time for NFA stuff just like everyone else. I hope this helps. If you have any more questions, feel free to IM me. |
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