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  • FNH5-7
    Calguns Addict
    • Sep 2009
    • 9402

    Answered

    So there's a certain gun that will be coming out in the next few months and I want it.

    The company has no indication of producing it in an AR pistol set up only in SBR.

    My question is, can an out of state FFL receive an SBR and pin a fake can to it and then ship it here to CA? (we are assuming it will have BB and all that junk as well)

    When an SBR leaves the factory, is it registered with the government or logged in a certain way so that it can only be an SBR and not a regular rifle?

    In the Calguns pics sub forum I've seen several rifles like this. Particularly Krink's and Dracos that have fake can's permanently attached/pinned. Can't tell whether these are home builds or were pinned by an FFL before taking possession.

    I'd like to aim this discussion towards out of state FFL's since I know SBR's are illegal here in CA so they can't even accept them without getting in trouble unless they have special permits or you're an elite of some kind.
    Last edited by FNH5-7; 07-26-2013, 12:02 AM.
    Originally posted by FalconLair
    I weep for my country and what it is becoming.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by Colt-45
    So there's a certain gun that will be coming out in the next few months and I want it.

    The company has no indication of producing it in an AR pistol set up only in SBR.

    My question is, can an out of state FFL receive an SBR and pin a fake can to it and then ship it here to CA? (we are assuming it will have BB and all that junk as well)

    When an SBR leaves the factory, is it registered with the government or logged in a certain way so that it can only be an SBR and not a regular rifle?
    federally, one can take a registered SBR and convert it a standard Title I rifle by permanently extending the barrel to 16" and making sure it is over 26" OAL. At that point, they can notify the NFA branch that it is no longer an SBR and ATF will cancel the SBR registration. At that point, it is no longer a federally-defined SBR and can be possessed/transfered like any standard rifle.

    Whether or not CA would try to claim it is still a CA SBR since at one point in its life it was an SBR, I dunno.


    In the Calguns pics sub forum I've seen several rifles like this. Particularly Krink's and Dracos that have fake can's permanently attached/pinned. Can't tell whether these are home builds or were pinned by an FFL before taking possession.
    those start as pistols and then go to rifles. completely different legal path than going from SBR > title I rifle.
    Last edited by ke6guj; 05-19-2013, 6:45 PM.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      FNH5-7
      Calguns Addict
      • Sep 2009
      • 9402

      Originally posted by ke6guj
      federally, one can take a registered SBR and convert it a standard Title I rifle by permanently extending the barrel to 16" and making sure it is over 26" OAL. At that point, they can notify the NFA branch that it is no longer an SBR and ATF will cancel the SBR registration. At that point, it is no longer a federally-defined SBR and can be possessed/transfered like any standard rifle.

      Whether or not CA would try to claim it is still a CA SBR since at one point in its life it was an SBR, I dunno.


      those start as pistols and then go to rifles. completely different legal path than going from SBR > title I rifle.
      These are considered registered SBR's the moment they leave the factory? or their not considered registered until your paperwork is approved and all that?
      Originally posted by FalconLair
      I weep for my country and what it is becoming.

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by Colt-45
        These are considered registered SBR's the moment they leave the factory? or their not considered registered until your paperwork is approved and all that?
        if the manufacturer built it up as an SBR, it is considered an SBR the moment they make it. They have to notify ATF that an SBR was made within 48-hours of making it. It is then "on the books" as an SBR while still at the factory. They then have to get permission to transfer it to whoever buys it from them. It is then registered to that entity (probably an NFA dealer or distrbutor). This then continues on and on every time it is sold to someone else.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          FNH5-7
          Calguns Addict
          • Sep 2009
          • 9402

          ^^ That answers my question completely. Thanks
          Originally posted by FalconLair
          I weep for my country and what it is becoming.

          Comment

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