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pgg
03-22-2011, 4:57 PM
Because of the many-month NFA delay when acquiring tax stamps, I'm thinking of starting the process for a couple of SBRs. I don't want to wait until I move out of California.

May I
- order and receive a stripped OLL through a California FFL
- get it appropriately engraved
- pay my $200 to the ATF (I have a trust, so no CLEO signoff needed)
- get the stamp and possess, in California, a NFA-registered SBR lower

Then, while in CA, put a bullet button and 16"+ upper on it and shoot it.

I would not acquire a short barrelled upper until after I leave CA.


Since the tax stamp is the rate limiting step of any NFA acquisition, I'm just hoping to get as much done now as I can, without running afoul of any wacky CA-isms.


Thanks.

RomanDad
03-22-2011, 5:03 PM
Atf won't process the paperwork if its illegal for you to own the item in the state.

yellowfin
03-22-2011, 5:06 PM
Ah, but then you have civil standing... WWGHD?

mossy
03-22-2011, 5:07 PM
this is CA soooooo no.......

swift
03-22-2011, 5:26 PM
I tried to get a sbr stamp for a lower that I had out of state and was told that I would not get the stamp with my CA trust because it was not legal for me to possess a sbr in CA. The gentleman I spoke with seemed very helpful and suggested that I could get the sbr stamp if I set up a trust in the other state where the lower was located. I didn't have $800 laying around, so I didn't get this in writing.


Because of the many-month NFA delay when acquiring tax stamps, I'm thinking of starting the process for a couple of SBRs. I don't want to wait until I move out of California.

May I
- order and receive a stripped OLL through a California FFL
- get it appropriately engraved
- pay my $200 to the ATF (I have a trust, so no CLEO signoff needed)
- get the stamp and possess, in California, a NFA-registered SBR lower

Then, while in CA, put a bullet button and 16"+ upper on it and shoot it.

I would not acquire a short barrelled upper until after I leave CA.


Since the tax stamp is the rate limiting step of any NFA acquisition, I'm just hoping to get as much done now as I can, without running afoul of any wacky CA-isms.


Thanks.

pgg
03-22-2011, 6:00 PM
It's a Virginia trust (my state of legal residence) with me, my wife, and my brother as trustees. I'm in CA now because the military put me here. I own a house in VA but it's rented out, so I don't have a VA mailing address at present.

So the ATF won't process the form if I have a CA mailing address? Lame. Why the hell does the ATF care about individual state laws?

My brother (trustee) lives in Arizona. I suppose he could buy the lowers on behalf of the trust in Arizona and do the ATF legwork.

Then the question becomes whether or not the SBR lowers could ever come into California (with a bullet button and 16"+ upper). Yay? Nay?

socalblue
03-22-2011, 6:46 PM
It's a Virginia trust (my state of legal residence) with me, my wife, and my brother as trustees. I'm in CA now because the military put me here. I own a house in VA but it's rented out, so I don't have a VA mailing address at present.

So the ATF won't process the form if I have a CA mailing address? Lame. Why the hell does the ATF care about individual state laws?

My brother (trustee) lives in Arizona. I suppose he could buy the lowers on behalf of the trust in Arizona and do the ATF legwork.

Then the question becomes whether or not the SBR lowers could ever come into California (with a bullet button and 16"+ upper). Yay? Nay?

Remember that NFA items are locked into the state where registered. In most cases you have to get approval to move/transport in NFA configuration.

By a CA legal rifle. Wait to get home & do your Forrm 4.

swift
03-22-2011, 7:09 PM
buy the lowers on behalf of the trust in Arizona and do the ATF legwork.

Then the question becomes whether or not the SBR lowers could ever come into California (with a bullet button and 16"+ upper). Yay? Nay?

My understadning is that the sbr lower could not come into CA unless it was de-registered so it was no longer a sbr lower. If you already have the lower, I think you'll need to complete a Form 1.

pgg
03-22-2011, 7:13 PM
Remember that NFA items are locked into the state where registered. In most cases you have to get approval to move/transport in NFA configuration.

Oh, that's right. My brain was still thinking in suppressor mode ... don't need approval to take those across state lines.

I guess that moots the whole issue.

bwiese
03-22-2011, 7:42 PM
Until we know otherwise, DON'T.

Even if ATF doesn't care if an SBR lower becomes a regular long gun [and I think they may, just not sure] - CA has its own SBR laws with broadly codified SBR constructive possession - and a lower marked for FEd SBR could easily be considered the SBR itself under CA law.

Lowers can be had under $100. Why fart around with risk?

pgg
03-22-2011, 8:21 PM
Until we know otherwise, DON'T.

Even if ATF doesn't care if an SBR lower becomes a regular long gun [and I think they may, just not sure] - CA has its own SBR laws with broadly codified SBR constructive possession - and a lower marked for FEd SBR could easily be considered the SBR itself under CA law.

Lowers can be had under $100. Why fart around with risk?

Thanks for the input -


Saving $ wasn't the objective - I was hoping to save a few months of my life waiting on the ATF after moving out of CA.

We (the trust) are currently waiting on stamps for some suppressors (now sitting in an AZ gun shop) and the days are dragging.

We'll just go ahead and get the SBRs in Arizona. My brother (trustee) can retain custody of them with the cans in AZ, he can tear up the AZ desert with them, and I can do the same while visiting. When I get out of CA we'll be able to split and take turns with the goodies.

Had hoped to get some CA use out of the lowers but I guess that's just not in the cards ...


On another note, when my family set up the NFA trust, we didn't realize how much fun it'd be to buy and shoot together. Scary black accessorized rifles - keepin' families together!