SBR Configuration Question...

[xLusi0n]

If a lower receiver is registered as a SBR in AZ, can it be brought into CA as long as a 16" + upper receiver is attached to it? Meaning, although the receiver is registered SBR, you don't plan on ever having it in SBR configuration while in CA...is that legal?

[badicedog]

No, once registered as NFA it cannot leave the state without BATFE approval if IIRC.

[bwiese]

Am unsure if SBR interstate movement has to be reported to BATF, or if that's just for MGs or suppressors. Freakshow would know.

As far as moving a legit NFA-reg'd SBR *receiver* into CA, I wouldn't do it. After NFAing, the receiver certainly is a key component of a legit Federally-defined SBR. That might risk interfering with CA law.

There could be some sort of lenity defense, but CA's constructive possession law is murky enough:
12020(c)(2) PC: As used in this section, a "short-barreled rifle" means
any of the following:

(A) A rifle having a barrel or barrels of less than 16" in length.

(B) A rifle with an overall length of less than 26".

(C) Any weapon made from a rifle (whether by alteration, modification, or
otherwise) if that weapon, as modified, has an overall length of less than
26" or a barrel or barrels of less than 16" in length.

(D) Any device which may be readily restored to fire a fixed cartridge
which, when so restored, is a device defined in subparagraphs (A) to (C),
inclusive.

(E) Any part, or combination of parts, designed and intended to convert
a device into a device defined in subparagraphs (A) to (C), inclusive, or
any combination of parts from which a device defined in subparagraphs
(A) to (C), inclusive, may be readily assembled if those parts are in the
possession or under the control of the same person.



If you've taken the time & trouble to be a legit dual resident (i.e., also of AZ) and pay NFA transfer tax etc for your SBR, why the hell are you so cheap you won't just get an OLL CA lower and put a 16+" upper on it?

I'd love to be proved wrong, but this seems murky enough to avoid and "rare enough special circumstance" that cops/DAs wouldn't have any idea of what to do at a state level.

[bdsmchs]

If you've taken the time & trouble to be a legit dual resident (i.e., also of AZ) and pay NFA transfer tax etc for your SBR, why the hell are you so cheap you won't just get an OLL CA lower and put a 16+" upper on it?



Hah, too true. $200 gets you a whole new receiver :)

[ke6guj]

Am unsure if SBR interstate movement has to be reported to BATF, or if that's just for MGs or suppressors. Freakshow would know..Yes, interstate movement of all NFA items, except for AOWs and suppressors, need to reported to and approved by ATF on a 5320.20. There is an exception for NFA items possessed by an FFL, including C&R NFA items registered to a C&R FFL. They don't need the 5320.20.



Currently, the feeling is that even though you may have converted the SBR into an non-SBR configuration, it must still have the 5320.20 filed, but I've heard that ATF has issued some letters that say that an SBR is only an SBR while it is in an SBR configuration. And that you don't need to do a 5320.20 to transfer a registred SBR that is not currently in an SBR configuration. But that opinion has not been confirmed. Apparantly the NFA handbook is due to be updated with that info, and when it does, then the NFA RKI's will accept that, but not until then.

[bwiese]

Thank you, Jack!

[xLusi0n]

The main reason I am asking is purely hypothetical. I have 2 Tactical Innovation lowers. One is a Form 4 SBR and the other is not. I was just thinking, if I grabbed the wrong lower (without looking at the Serial #) and went to shoot with a 16" + upper, how would anyone even know its a SBR? Then my thinking process was if I had taken it to CA, as long as I didn't put a short barrel on it, there's really no way of knowing its a registered SBR (other than the paperwork I carry with it).

Now, I have another SBR that's a Form 1 so it has my name and city/state engraved on it...so that could give away that it's a NFA item.

Anyway, it was all just hypothetical thoughts/questions. I have plenty of OLLs (non-NFA) that I would bring instead.

I guess if a CA LEO stopped me and ran the serials to see if it was stolen, even if it was configured as a 16" + it would show up in their database as NFA registered?

[xLusi0n]

Currently, the feeling is that even though you may have converted the SBR into an non-SBR configuration, it must still have the 5320.20 filed, but I've heard that ATF has issued some letters that say that an SBR is only an SBR while it is in an SBR configuration. And that you don't need to do a 5320.20 to transfer a registred SBR that is not currently in an SBR configuration. But that opinion has not been confirmed. Apparantly the NFA handbook is due to be updated with that info, and when it does, then the NFA RKI's will accept that, but not until then.

That would be interesting. That could allow folks with SBRs who have to move to CA temporarily (i.e. work relocation) and bring their ARs with them to do so (as long as they configure it for CA and its OLL).

ALTHOUGH, that still doesn't clarify what CA will treat that rifle as. So...probably better to just store them in a safe deposit box in the original state.

[ke6guj]

The main reason I am asking is purely hypothetical. I have 2 Tactical Innovation lowers. One is a Form 4 SBR and the other is not. I was just thinking, if I grabbed the wrong lower (without looking at the Serial #) and went to shoot with a 16" + upper, how would anyone even know its a SBR? Then my thinking process was if I had taken it to CA, as long as I didn't put a short barrel on it, there's really no way of knowing its a registered SBR (other than the paperwork I carry with it).
that sounds like a recipe for disaster. What happens if you want to shoot your SBR upper, and you grab the wrong lower? If you are dealing with NFA firearm, you needto be sure to never grab the "wrong lower"


Now, I have another SBR that's a Form 1 so it has my name and city/state engraved on it...so that could give away that it's a NFA item.Not neccessarily. Some people do engrave personal info on firearms for identification purposes.

I guess if a CA LEO stopped me and ran the serials to see if it was stolen, even if it was configured as a 16" + it would show up in their database as NFA registered?I doubt it. The NFA database is not supposed to be tied into other databases. The info there is considered "tax info" and is not supposed to be freely distributed. So, it better not come up in a normal CA database search. Now, if it was a CA-registered SBR with the proper CA permits, then yes, the CA registration may come up in the same manner that AW registrations come up.

[xLusi0n]

It is a scary thought and I do make extra sure I never mix it up. I keep my NFA stuff locked away in separate Pelican cases with paperwork in it. It was just one of those what if thoughts cause I'm bored and daydreaming :)