SBR question?

[Average Joe American]

Ok so what are my options if I am a Nevada resident with an SBR AR15 upper and I want to move to California? (for a job & family)

I am guessing I have to try and sell it before I relocate?

[-hanko]

Ok so what are my options if I am a Nevada resident with an SBR AR15 upper and I want to move to California? (for a job & family)

I am guessing I have to try and sell it before I relocate?

Can't take it with you, you can either sell it or keep it stored in NV. 2nd option would be to permanently add a muzzle device that would get the barrel to at least 16", but that would have to hurt.

Email me if/when you're thinking of selling

-hanko

[-HITMAN-]

take it off the rifle and I think you could put it on a CA legal pistol lower. Someone correct me if I'm wrong

[tomd1584]

bring it in as a pistol.

[evidens83]

Cant he just remove the upper from the lower and keep it in the closet for out-of-state use like we do our rebuilds??

[JagerTroop]

Cant he just remove the upper from the lower and keep it in the closet for out-of-state use like we do our rebuilds??

Not if he owns an AR rifle lower but no AR pistol lower. That would be constructive posession. Though, I'm not sure how that would work, being that he has a registered SBR. Constructive pos is a federal thing.

Best advice is to buy a pistol lower before you move, then register it when you move to Ca.

At that point, if you don't want it, you can sell it complete, or part it out (sell the upper first, or you'll be right back to constructive posession).

[hitman13]

You can bring it in as a regular length ca legal AR and keep the shorter upper for a pistol or jus keep it out of state. I bring my SBR lower in all the time by adjusting the set screw on the P50 and putting a 16" upper on it.

Best hinge about his is when you go out of state or move back out (or CA magically starts allowing SBR ARs) you still can make it a SBR eithout paying the tax stamp again or waiting for the ATF to dick around and approve your form1.


Disclaimer: I am not a lawyer, just how I have done it.....

[Average Joe American]

Bringing it in on an AR pistol lower sounds good. I didn't even know AR pistols were legal in Ca? I thought a pistol with threads and a magazine forward of the trigger guard was illegal? But obviously I dont live in Ca. and have alot to learn?

[ke6guj]

Bringing it in on an AR pistol lower sounds good. I didn't even know AR pistols were legal in Ca? I thought a pistol with threads and a magazine forward of the trigger guard was illegal? But obviously I dont live in Ca. and have alot to learn?

it is if it is a semi-automatic pistol with a detachable magazine. Add a maglock and don't use any 11+round magazines, and it is legal.

the handgun AW flowchart covers this.

[JagerTroop]

Bringing it in on an AR pistol lower sounds good. I didn't even know AR pistols were legal in Ca? I thought a pistol with threads and a magazine forward of the trigger guard was illegal? But obviously I dont live in Ca. and have alot to learn?

Just make sure it has a maglock and a mag that holds no more than 10rds and you're good to go.

The "mag outside the grip" and "threaded barrel" only applies to non fixed mag pistols.

[cmace22]

Doesnt he need to notify California when transporting an SBR into the state. Even if he separated the upper from lower its still registered as an SBR and thats a no no in CA (usually).

It seems to me he would have to get it out of SBR status before bringing it here. I could be wrong though.

[hitman13]

No, you can remove a SBR from NFA status temporarily as long as you have the intentions of returning it to NFA status in the future and retain the parts (current upper put on pistol lower or just keep the the upper) to accomplish it.

5320.20 needs to be filed with the BATFE NFA branch, not the state of CA.

[hitman13]

Also there is no requirement to notify BATFE or anyone else if you remove it from NFA status at all.

Oher info from the BATFE FAQs:

Q: May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.

Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.