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Selling a once SBR’d item

Discussion in 'NFA - Stamp collecting' started by JimB, Dec 8, 2019.

  1. JimB

    JimB Picking it up slowly. Benefactor Charter Life Member

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    So say you buy a pistol, register it as an SBR and add a stock, or maybe you bought a rifle and shortened the barrel, however you got there you have a properly registered and taxed SBR. Now you want to sell it.

    You return it to it’s original configuration for sale. Do you need to do anything or even notify ATF that it’s no longer an SBR?

    I would think you’d have issues if you made a pistol into a rifle, you kinda can’t go back as I recall. If you made a rifle into a SBR and it stays a rifle when returned to original config, then maybe it’s all good. Still seems that there would be some paperwork involved.
     
  2. BigWaylon

    BigWaylon Head philatelist Staff Member Benefactor Charter Life Member

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    If it’s not configured as an NFA item when you sell it, there’s nothing do to with NFA paperwork. For example:

    1. If you bought an AR-15 with a 16” barrel, then filed and F1 to SBR it. You could remove the short barrel, install a 16” barrel and sell it just like you would’ve the original. If you engraved the receiver, the buyer would just have a weapon with random engraving. If you engraved the short barrel, then they’d have an AR with normal markings.
    2. Same would go for a shotgun that was converted to an SBS.
    3. If you bought a receiver, and whether it was strippers or partially/completely built with a stock or a brace doesn’t matter, and made an SBR, you could sell the receiver in any configuration just as you would a brand new receiver.
    4. If you bought a pistol, that’s a firearm that started life as a pistol, so it can be made into a rifle...and returned to a pistol. If you made it into an SBR, you have multiple options...sell it as a GCA rifle, and NFA SBR, or a handgun. The only time NFA paperwork is required is if you sold it as an SBR.

    What you can’t do is buy a rifle, and convert it to a pistol. Even though it looks just like a pistol, it’s actually an SBR...as it falls into the “weapon made from a rifle” category.

    The ATF is required to keep the registry as accurate as possible, so they’d like you to notify them if a firearm is permanent removed form an NFA firearm. But there’s absolutely no requirement to do so. On top of that, they never remove the from the registry...they just make a note of the change.
     
  3. BigWaylon

    BigWaylon Head philatelist Staff Member Benefactor Charter Life Member

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    This was part of the FAQ on the ATF’s site before they redid it. Not sure exactly which ones are still there.


    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.
     
  4. JimB

    JimB Picking it up slowly. Benefactor Charter Life Member

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    Well I’ll be damned, I’d have never guessed that it was this straightforward. Thanks for the education!
     
  5. Infamous1

    Infamous1 Well-Known Member Supporting Member

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    Good info!
     
  6. BigWaylon

    BigWaylon Head philatelist Staff Member Benefactor Charter Life Member

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    It does seem odd, based on the effort to get into the game.

    And I’ll admit, I wouldn’t be surprised if somebody wanted to do a BoS for one. I’d be more likely to sign that than I would something never in the NFA world.
     
  7. dkmatthews

    dkmatthews Active Member Life Member

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    This sounds like a big problem waiting to happen. Bubba has an SBR and then concerts it to a non-SBR with a 16" barrel. Bubba might also have a storage bin full of AR parts and a 9" barrel happens to be at the bottom of the storage bin. This scenario sounds like Bubba goes to federal pound me in the π¢¢ prison.
     
    Last edited: Dec 8, 2019
  8. JimB

    JimB Picking it up slowly. Benefactor Charter Life Member

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    In this scenario Bubba paid the tax, so he’s good.

    if Bubba sells to Steve as a GCA rifle and Steve has the parts to convert it to an NFA SBR, then maybe there is a constructive intent issue, but nothing worth worrying about unless those parts have no other use and you’re also doing stuff that otherwise has you on their radar.
     
    JRHorne, Me. and BigWaylon like this.
  9. 11B CIB

    11B CIB Administrator Staff Member Charter Life Member

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    Here’s the part that I think is crazy. If someone were to buy the fully built SBR, the form 4 would take 8 to 9 months. But if they were to buy it as a rifle, then convert it to an SBR themselves, the form 1 is only taking about 3 weeks.

    :confused:
     
  10. shadowsbane

    shadowsbane Member

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    If you notify the atf about the change they will send you a letter. Takes about 30 days give or take.

    Also wonder what would happen if you bought a pistol sbr'd it. De'sbr'd it then sold it. Only to have the next guy try to sbr it. Would probably be an interesting conversation for sure
     
  11. wired

    wired Active Member

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    Thats in the ATF FAQ too. If you take it off the registry and the next guy puts it back on its no problem. He just has to do the same form 1 stuff and pay the tax. Remember an SBR is only an SBR while its configured as an SBR. Its not a receiver thing like machine guns have to contend with. An SBR is the whole gun .
     
    JohnFreeman likes this.