Posted: 3/13/2014 8:57:40 AM EDT
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Hey Guys,
I have been doing some research and would love to get my assumptions validated. I have an LLC with some training colleagues and we have about 20 cans between us. All done on form 4's and all processed without incident. Now with the coming change in the law (fingers and toes crossed), I want to convert several pistols and long guns into SBRs (45 ACP uzi, Krink pistol, AR lower...). I have no current plans to buy factory SBRs. WE have plenty of engraving expertise and can engrave the existing guns to ATF spec. No problem. Questions: 1) As I understand it, I file a form 1 on my Uzi. Wait the time, and when my tax stamp comes in, I engrave the receiver and cut the barrel down. Correct? Can I do this as an LLC or does the Form 1 have to be filed by a dealer like the one I bought my cans from? 2) Can I efile form 1's as an LLC? 3) Once filed, and completed (say on an AR lower), can I switch from 300 blackout to 5.56 and back, or am I locked into that barrel length and caliber? Oh, and I'd love had answers and not "well my hairdresser's dog walker said it was ok". Damien |
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1. You can form 1 under Trust or LLC as well as an Individual and a Corporation.
2. E-file is the preferred route for trusts and entities (corp/LLC) other than individuals. In talking with my NFA dealer, he says the issue is there is no good way to send the fingerprints for individuals electronically, so they go snail mail and not efile. Feel free to correct me. 3. You can switch calibers, barrel length, etc. If a permanent change is made, like starting out with a 8.5" .300 BO barrel, and you sell that and get out of .300BO altogether, and then swicth to 5.56 10.5", you need to notify them of the change. This opens up an issue. Say you own a single AR receiver, and it is an SBR. You could have multple uppers, multiple calibers, and barrel lengths as long as you retained the original upper on you paperwork. If you have the SBR are AR receiver, and a pistol receiver, you can still have as many uppers as you want and swap all day long, as long as you can still create the original weapon listed on you SBR stamp paper work. A pistol AR lower can have basically any length upper on it an not be in violation of the law, including the SBR related uppers. Where a constructive possession issue may arise is if you have an SBR AR lower, and a regular AR rifle lower, no pistol lower, and at least two complete uppers that have barrels under 16". You could, in theory, create two SBR's at the same time. I've seen it argued both ways, but it might be advisable to have as many pistol and SBR lowers as you have uppers less than 16". 1 SBR lower, 1 pistol lower, 1 rifle lower, and then two 10.5" 5.56 uppers and one 16" 5.56 upper, for example. Stay safe. |