SBR Form 1 - CAA MCK

[c-mo]

FYI: the pistol, being the serialized component, is an SBR whether in the enclosure or not. Be aware of this if transporting the pistol to another state.
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Actually this is incorrect, according to ATF It's only considered an SBR when in an SBR configuration (ie MCK)

Sent from my LE2127 using Tapatalk

[EBR Works]

Actually this is incorrect, according to ATF It's only considered an SBR when in an SBR configuration (ie MCK)

Sent from my LE2127 using Tapatalk

Please show me a link to this ATF opinion. Thanks.

[beanz2]

Please show me a link to this ATF opinion. Thanks.

https://www.atf.gov/firearms/docs/undefined/atf-national-firearms-act-handbook-chapter-2/download

Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of components.
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.

[EBR Works]

True, but a few caveats, hence my original post:

If you were to travel with the pistol out of the enclosure to a state that prohibits SBRs and you had a LE encounter, the firearm would come back as an SBR when they run the serial number. How this would play would be an unknown, especially in states like CA and WA.

If you travel to an SBR friendly state, technically you would still need to file ATF form 5320.20. As a practical matter the odds of trouble with this is minimal, but the current ATF is not the ATF of 3 years ago. YMMV.

The pistol is the SBR at all times as it is registered in the NFRTR as such. If you PERMANENTLY remove it from the enclosure, you would notify the ATF of this change by letter and they would make a notation in the NFRTR that the firearm is no longer in SBR status.

I had a discussion with my firearms attorney this morning and he agreed with my assertions.
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[sigstroker]

It's the same situation of putting a 16" barreled upper on an sbr AR. You don't have to file a 5320 because it's not an sbr at that point.

If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.

[desertjosh]

True, but a few caveats, hence my original post:

If you were to travel with the pistol out of the enclosure to a state that prohibits SBRs and you had a LE encounter, the firearm would come back as an SBR when they run the serial number. How this would play would be an unknown, especially in states like CA and WA.

If you travel to an SBR friendly state, technically you would still need to file ATF form 5320.20. As a practical matter the odds of trouble with this is minimal, but the current ATF is not the ATF of 3 years ago. YMMV.

The pistol is the SBR at all times as it is registered in the NFRTR as such. If you PERMANENTLY remove it from the enclosure, you would notify the ATF of this change by letter and they would make a notation in the NFRTR that the firearm is no longer in SBR status.

I had a discussion with my firearms attorney this morning and he agreed with my assertions.
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So what about if you want to sell the handgun that is listed?

[beanz2]

So what about if you want to sell the handgun that is listed?

You can legally sell it as a Title 1 firearm without going through the Form 4 route if you remove it from the chassis. In the unlikely event that the buyer would want to put it in another chassis to make it into an SBR again, you will have to first notify the ATF to remove it from the NFRTR.

[EBR Works]

You can legally sell it as a Title 1 firearm without going through the Form 4 route if you remove it from the chassis. In the unlikely event that the buyer would want to put it in another chassis to make it into an SBR again, you will have to first notify the ATF to remove it from the NFRTR.

This. Here's the letter format for accomplishing this:

Director
Bureau of Alcohol, Tobacco, Firearms and Explosives
Attention: NFA Branch
244 Needy Road
Martinsburg, WV 25405

*Date Here*

RE: Removal of SBR from the NFRTR
To Whom It May Concern:

This is to advise the NFA Branch that the following SBR previously registered in the NFRTR has been permanently returned to Title 1 status by installation of a steel barrel extension that has been pinned and fusion welded. I request that the National Firearms Registration and Transfer Record (NFRTR) be modified to reflect this change in status. Lastly, I am sending this letter in duplicate and request that one copy be returned along with acknowledgement that the NFRTR has been modified to reflect the change in status.

Name of original manufacturer: **Manuf
Type of firearm: SBR
Caliber, Gauge or Size: **Caliber
Model: *Model
Serial number: **SN

Thanks very much.

**Your name / Address
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