I have an AR lower that is an SBR. Can I keep the pistol tube and brace on it, or will this cause problems with the ATF and the new rules? I like how it's set up right now.
SBR Question
- Thread starter AR10ShooterinNC
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Have the new rules even been published yet? I read the proposed rules a while back, but if the finalized rules have been posted, I hadnt noticed. I would very much like to read the published version.
Edited to add: google says they have...at the end of Jan. How did I miss it? Anyway, put it on todays required reading list.
Edited to add: google says they have...at the end of Jan. How did I miss it? Anyway, put it on todays required reading list.
Last edited:
Combat Diver
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Why should it if you already have a tax stamp for the lower. What are they going to charge you for if new rules says its an SBR? You already have that to throw back in their face. AR pistols still legal at the moment and before the first lawsuit is filed before the ink is dried.
CD
CD
OP
I have a Form1 with a stamp...does that count? Or I'm a missing something, NFA items are new to me.
Combat Diver
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Like I asked, what are you worried about then? You gave the King his ransom already. Read AFT rules for a SBR on how to go back and forth.
ie You can put a 16" upper on it to take across state lines or pistol brace for a pistol and back again.
CD
ie You can put a 16" upper on it to take across state lines or pistol brace for a pistol and back again.
CD
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BigWaylon
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An AR lower, even engraved with your info and an existing approved tax stamp, is not an SBR. You can travel across state lines without a permission slip. You can sell it to anybody like a non-registered receiver.
Without a barrel, it can’t be a rifle…short-barreled or not. That’s all I’m saying. 😁😁😁
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The BS worksheet that decides whether you actually have an SBR or not based on the point value. I’m assuming that’s what they’re referring to. Nothing that’s actually in effect at this time.
Ok that’s what I was thinking. I’ve seen that nonsense, but to my knowledge that hadn’t been made into law yet.
Sorry, havent checked the forum since, well, since I made my comment lol
But yeah, that silly worksheet. I read it last year sometime and was curious if there were any substantial changes after the public comment phase. Somehow I missed its finalization and publishing.
I downloaded tbe pdf but havent read it yet.
Ok, Im all caught up and not confused anymore.
The proposal has been published.
Finalization and implementation to follow.
No new rules are in effect as of right now.
I thought I was way behind for a while there.
OP
What is a good place to go and read about the ATF SBR rules?
BigWaylon
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There’s a cozy spot right between my ears that has a lot of the info. 😁
I don’t know exactly what kind of info you’re after. Ask away and somebody here can probably answer it.
Honestly, the way to know a good bit of it is to read an entire Form 1 and a Form 4. And then when they reference a statute, go read that statute. If you did that, you know more than 90% of the people that own them.
These used to be in the FAQ on atf.gov, but they redid the whole page several years ago. Remember this as you read if…”recommends” ≠ “requires”.
Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.
Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.
Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
A: While a receiver alone may be classified as a firearm under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR).
Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?
A: A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA firearm pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.
Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
A: If the possessor retains control over the barrel or other parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law.
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?
A: 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.
…and as far as “retain/maintain control” goes, like the last two Answers mention…that doesn’t mean you have to sell it or give it away. It simply means you can’t have it with you. That’s how the ATF answered it in this letter:
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Here’s the list to the current Q&A for NFA items:
www.atf.gov
National Firearms Act (NFA) | Bureau of Alcohol, Tobacco, Firearms and Explosives
Answers to some common questions related to what is the Nation Firearms Act (NFA) including the definition, clarification and application of the Act, as well as which form(s) to use in order to apply for a tax stamp.