SBR Question

[dfletcher]

I'm a CA resident with a home in Oregon. I have some of my guns in Oregon - am moving them up a few at a time. I have AR pistols with fewer than 16" bbl uppers. I also have the pistol brace on an AR lower. Fun, but I'd like to do a true SBR using an AR 15 rifle lower.

Must I be an OR resident to apply for and receive an SBR stamp?

Doing some on line checking, I think I would be "making and registering" an SBR using a form 5320.1. I note the application does not reference residency but "mailing address".

https://rocketffl.com/wp-content/uploads/2021/06/ATF-FORM-1-2019.pdf

Any guidance appreciated.

[BAJ475]

I'm a CA resident with a home in Oregon. I have some of my guns in Oregon - am moving them up a few at a time. I have AR pistols with fewer than 16" bbl uppers. I also have the pistol brace on an AR lower. Fun, but I'd like to do a true SBR using an AR 15 rifle lower.

Must I be an OR resident to apply for and receive an SBR stamp?

Doing some on line checking, I think I would be "making and registering" an SBR using a form 5320.1. I note the application does not reference residency but "mailing address".

https://rocketffl.com/wp-content/uploads/2021/06/ATF-FORM-1-2019.pdf

Any guidance appreciated.

You need to understand that residency is defined differently under state and federal law. For instance CA looks at domicile, which means that you remain a CA resident so long as you intend to return and not reside elsewhere with an intent to remain there indefinitely. Not sure how Oregon looks at it. But the feds define residence as where you are living and not just visiting. So while you are living in your Oregon home your are an Oregon resident for federal firearm law purposes.

[Wheellock]

That is the correct form (I would download directly from ATF just to make sure there hasn't been a revision). It is pretty easy to fill out.

I don't see why they wouldn't issue you a stamp. They issue FFLs to second home addresses in other states. I don't think there's any downside to trying and failing either. If you are denied I think they give your $200 back.

[edgerly779]

Just never bring back to ca.

[dfletcher]

That is the correct form (I would download directly from ATF just to make sure there hasn't been a revision). It is pretty easy to fill out.

I don't see why they wouldn't issue you a stamp. They issue FFLs to second home addresses in other states. I don't think there's any downside to trying and failing either. If you are denied I think they give your $200 back.

The government returning money - that's new and good to know.

I have an FFL, albeit only C&R type. It also uses a "mailing address" which can be different from residence. The 5320.1 form follows the same structure, I would say residency isn't required for the SBR.

[spfabrication]

If you do a Form 1 , use the Efile system , and not a paper form. The approval time is reduced significantly. My last Form 1 was 16 days.

[dfletcher]

If you do a Form 1 , use the Efile system , and not a paper form. The approval time is reduced significantly. My last Form 1 was 16 days.

Thank you. That seems to be the preferred way to go. Hopefully being on about my 5th C&R FFL helps.

[superhondaz50]

Yes, you can do a form 1 while residing at your home in Oregon. Residence is different for feds when it comes to guns. So while you are staying at your place in Oregon, for firearm purposes, you are an Oregon resident. For residence you will put Oregon. File as an individual and don't forget to order finger print cards and ink first. E files for most have been taking 2 weeks or so. Don't forget to engrave your barrel or receiver before converting to an SBR. Also remember it needs fed approval before crossing state lines once built (and never bring it to CA).