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Building an SBR and NFA rules???

dlanew632

Private
Minuteman
Dec 15, 2010
1
0
37
I am about to purchase an AR lower for an SBR build. The SBR will belong to a trust. I have heard many different things regarding filing a form 4 or a form 1 and having the lower engraved with the name of the trust. I am trying to find out exactly what is necessary and what I need to do. Any information would be greatly appreciated.
 
Re: Building an SBR and NFA rules???

here's a step by step:

buy the lower, fill out and mail the form 1, and wait.

the lower doesn't have to be engraved before you fill out the form 1.

once you get your form 1 back with a tax stamp, build the rifle.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: slothlacrosse</div><div class="ubbcode-body">here's a step by step:

buy the lower, fill out and mail the form 1, and wait.

the lower doesn't have to be engraved before you fill out the form 1.

once you get your form 1 back with a tax stamp, build the rifle. </div></div>

So once a lower is tax stamped as an SBR lower you can buy as many SBR uppers as you want? or how does that work?
 
Re: Building an SBR and NFA rules???

Yes. However on the Form 1 you state what length your barrel is, and have to be able to return to the original configuration.....should the need arise. Different uppers, calibers...as long as you can go back to the one on the paper.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: devinsdad</div><div class="ubbcode-body">Yes. However on the Form 1 you state what length your barrel is, and have to be able to return to the original configuration.....should the need arise. Different uppers, calibers...as long as you can go back to the one on the paper. </div></div>

So do you have to pay a tax stamp per upper? or is it just once for the SBR lower?
 
Re: Building an SBR and NFA rules???

Just one lower. You may buy as many SBR uppers as you wish. I wouldn't have a complete NON-SBR lower sitting in your safe with a bunch of SBR-uppers.

You can SBR one lower. On the Form 1, you must put a barrel length. Let's say 11.5.... You get the stamp approved and in your possession. You may now put the 11.5 upper on your lower. You decide you want a 9" 300 Blackout upper. You go buy it, you may carry the SBR in that config. You decide you want a 14.5" upper, you may carry the SBR in that config. You decide you want to slap a 18" Mk12 upper on the receiver, you may carry the SBR in that config. As long as you can easily return the SBR to the 11.5" upper - you can have as many uppers for the ONE SBR lower as you like. One lower, one stamp. The stamp is only for the lower.
 
Re: Building an SBR and NFA rules???

Since you have already gotten the bum steer from some that you have spoken to, why not read the facts yourself?

http://www.atf.gov/publications/firearms/nfa-handbook/

Also, be aware that switching uppers (to othe SBR lengths) on a temp basis is OK, but at all times you need to be able to configure the weapon in the original configuration as applied for. Moreover, if you see yourself as wanting to have multiple SBR uppers sitting around you would be wise to read up on 'constructive intent'.

Also - just b/c you have 16 or greater upper on the lower does not change the fact that the weapon is an SBR and subject to all related laws at the local, state and fed level.


Good luck
 
Re: Building an SBR and NFA rules???

Although we gunnies can read the laws and figure them out and were rather soundly vindicated by SCOTUS in the Heller decision, there is no substitute for getting a real attorney's advice on this.

Here's the guy I consult with: www.guntrustlawyer.com.

Don't be believing someone's brother-in-law who "proved" that whiskey cures snakebite.

Mr. Goldman can take care of the federal issues, and put you in touch with someone in your state if there are any sticky local issues.

One thing that keeps me from getting more clients who took legal advice off of the internet is that by the time they realize/admit they need "professional help", they have less money to solve the problem, because of the preventable problems they bought by going on the cheap. "Buy once, cry once" applies to more things than just rifles and optics.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">FYI... Not all states will allow SBR's. For example Washington... which blows... lol </div></div>

Take off the stock and call it a pistol!
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ShooterMcGavin33</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">FYI... Not all states will allow SBR's. For example Washington... which blows... lol </div></div>

Take off the stock and call it a pistol! </div></div>

If I wanted an Assault Pistol then sure... but fact is an SBR without the stock looks retarded IMO...
 
Re: Building an SBR and NFA rules???

One piece of advice I have heard is to have the lower engraved before filing paperwork, that way if it happens to get messed up during engraving, it's not an SBR, just another firearm.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Grump</div><div class="ubbcode-body">Although we gunnies can read the laws and figure them out and were rather soundly vindicated by SCOTUS in the Heller decision, there is no substitute for getting a real attorney's advice on this.

Here's the guy I consult with: www.guntrustlawyer.com.

Don't be believing someone's brother-in-law who "proved" that whiskey cures snakebite.

Mr. Goldman can take care of the federal issues, and put you in touch with someone in your state if there are any sticky local issues.

One thing that keeps me from getting more clients who took legal advice off of the internet is that by the time they realize/admit they need "professional help", they have less money to solve the problem, because of the preventable problems they bought by going on the cheap. "Buy once, cry once" applies to more things than just rifles and optics. </div></div>

I couldnt agree more! Get your trusts drawn up by a lawyer that is well versed in the NFA language.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Marcus85</div><div class="ubbcode-body">It's only illegal if you get caught. </div></div>

Well glad I quoted you then! Have fun in the federal fun house!
laugh.gif
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Marcus85</div><div class="ubbcode-body">It's only illegal if you get caught.</div></div>Nope. It's illegal either way.
 
Re: Building an SBR and NFA rules???

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ShooterMcGavin33</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">FYI... Not all states will allow SBR's. For example Washington... which blows... lol </div></div>

Take off the stock and call it a pistol! </div></div>

It is still illegal - it is a REGISTERED Short Barreled RIFLE.



Good luck