Question regarding class 3 SBR swapping receivers

[speedball1969]

I apologize if this is posted in the incorrect section. I have searched the ATF website but cannot find an answer to my question. If someone could point me in the right direction I would greatly appreciate it.

I work for a local police department and built an AR for patrol about a year ago. I ordered an Noveske upper and mounted it on a spare lower receiver that I had. I filled out all the appropriate paperwork for the 14.5" upper and got my class 3 stamp. Upon ordering my upper Noveske sent a "blemished" lower that had a few discolored marks on it. I guess it was promotional thing at the time. I cerakoted the lower and it looks great. The general order has just been completed allowing us to carry personal AR's on duty. Other officers are now starting to assemble their own.

My question is that I registered the original DM lower on the class 3 paperwork as a short barrel lower. I now want to mount the upper on the refinished Noveske lower so that the entire rifle would be the same name brand. I have a fellow officer at the department wanted to buy my DM lower which is currently registered as a short barrel lower.

What do I do from here?
1. Does removing the upper from the DM lower now make it a non class 3 lower?

2. Can the "label" of a class 3 lower be switched to the Noveske lower and taken away from the old DM lower?

3. Is there a specific webpage that I can go to that would inform me of what I need to do?

Its not a big deal its just a mindset thing for me to have a matching upper and lower on the rifle.

Thanks in advance for the help. This was my first experience with the class 3 stamp and still learning about it.

 

[Force_Multiplier]

Re: Question regarding class 3 SBR swapping receivers

1: yes, you CAN remove the upper and notify the ATF and they will remove the lower from the NFA registry.

2: yes, you CAN then put the Noveske lower on a form 1 as an SBR w/ your upper

HERE'S the catch, it's gonna cost you another $200 and a 6mo wait...

3: the info you want is on the ATF website, you were probably just reading it wrong... a lower alone is not a SBR, it needs a short barrel attached. The catch is that once you filled out the form 1, you used the serial # and markings of the lower to register it, combined w/ an upper. So now if you swap out the lower, you're making a NEW NFA item.

 

[Greg Langelius *]

Re: Question regarding class 3 SBR swapping receivers

O/T...

Do I need to employ an FFL dealer to buy a (full length) upper?

Greg

 

[wfjames22]

Re: Question regarding class 3 SBR swapping receivers

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Greg Langelius *</div><div class="ubbcode-body">O/T...

Do I need to employ an FFL dealer to buy a (full length) upper?

Greg </div></div>

I'm not sure about NY, but in free states anyone can purchase any length upper and have it shipped directly to them.

 

[The Mechanic]

Re: Question regarding class 3 SBR swapping receivers

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: wfjames22</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Greg Langelius *</div><div class="ubbcode-body">O/T...

Do I need to employ an FFL dealer to buy a (full length) upper?

Greg </div></div>

I'm not sure about NY, but in free states anyone can purchase any length upper and have it shipped directly to them. </div></div>
Yup Mail order baby.

 

[speedball1969]

Re: Question regarding class 3 SBR swapping receivers

-Force Multiplier-

Thanks for the information. It was exactly what I was wanting to know. One last question, the K9 officer wanting to buy my lower would be interested in a putting a 14.5" of his own on this lower. Since the DM lower is already registered, tax stamp paid for, what would be needed to sell this to him. A call to the ATF stating a transfer of ownership? A trip to my local FFL dealer to have him swap the paperwork over? Is the K9 officer required to pay another $200 to own it? Thanks again for your help!

 

[Blueclawz]

Re: Question regarding class 3 SBR swapping receivers

How did you manage to even get into registering a SBR if you have no idea how the process works? I am not trying to be a dick - just stating the obvious.

You filled out a F1 and sent it along with a check for $200 to the ATF. You had this lower properly engraved per the F1 requirements for marking...and now you want to play musical uppers so "it can be a matching name gun"?? You really take a turn into the twilight zone with "can we just call the ATF and ask them to change the name?"

The NFA/TitleII game does not work this way.and its people who fail to research and read the ATF website and all other NFA related resources first that cause problems for those of us who do.

You could have avoided the wasted money and time by going out and buying a "All Matching Name Brand" gun in the first place..having it marked accordingly and filing an F1 wth the ATF. Instead you and your buddy are going to be filing new F1's and addng to the backlog at the ATF...which is now up to 6mo!!

Just go by a 16" upper and save yourself and everyone else the headache...1.5" does not make you a badass.

 

[speedball1969]

Re: Question regarding class 3 SBR swapping receivers

Blueclawz, thanks for the response that served no purpose. Now, since we have all been entertained by this contributing member I would still appreciate an answer on how to sell the lower receiver.

 

[wfjames22]

Re: Question regarding class 3 SBR swapping receivers

-buyer pays you for receiver
-buyer submits form 4 to ATF (with $200 check/all other requirements just like when you sent the form 1)
-you hold receiver until forms approved/stamp received
-hand over receiver to buyer

 

[speedball1969]

Re: Question regarding class 3 SBR swapping receivers

James22, this is exactly the information I was needing!

Thanks