SBR clarification

[Singletracker]

Hey gang.

Got my first stamp (sparrow) about a week ago and my FFL/Class III guy just got set up for the on-line process.

So next I want to do an SBR but have some n00b questions.


1. If I get a stamp for a serialized lower and send it in as a 10.5 inch barrel in 5.56...am I correct that I can put on a similar upper in another caliber? (i.e. 300blk or 9mm) as long as I can return the configuration to the original right?

Can I go shorter, like a 7 in 9mm? or must I stay w/the 10.5 the paperwork says?

2. If I get a stamp for the lower and have a 5.56 and a 300blk upper, would having another (non-stamped) lower in the safe be construed as "intent"?

I know this is theoretical and the BATFE could probably make it up as they go.

 

[Telekinesis]

Once you have the stamp for the gun, you can put on any barrel length or caliber you want. You just have to be able to return the gun to its registered configuration. So if you have a lower registered as a 10.5" 5.56, you'll be perfectly fine to put on a 8" .300 Blk upper/barrel as long as you keep the 10.5" 5.56 upper/barrel. If you ever want to get rid of the 5.56 barrel, you can just send the NFA branch a letter notifying them of the change and you're good to go.

As far as having the extra uppers around, I don't know for sure but I would think you'd be ok as long as that other (non registered) lower was built into a full rifle or built as a pistol. Having a spare rifle lower and a bunch of pistol/SBR uppers isn't the best idea. Honestly though it's very unlikely that it will be an issue.

 

[MasterSergeantA]

To echo Telekinesis, yes to the first question.

On the second, if you have a rifle lower AND a rifle upper, you have no real issue. Having JUST the rifle lower and no uppers with a barrel at least 16" does open you to some unwelcome attention.

Having said that, the 'intent' issue comes up regularly. If the ATF is in your safe counting parts, you are already having a bad day.

 

[Aaron Baker]

And just to answer a question you didn't ask, but that was implied...

It doesn't matter if your FFL is set up for eForms if you're "making" an SBR from a serialized lower that you already own. You'll be submitting the Form 1 yourself, and will create your own eForms account to do that.

Your FFL could sell you an SBR that's already registered and transfer it using eForms on a Form 4. Or he could make an SBR from a serialized lower on a Form 2 and then transfer to you on a Form 4 using eForms, but he'd have to be licensed as a Class 2 SOT to do that. Class 3 SOT FFLs can only sell NFA firearms, not manufacture them.

Aaron

 

[Singletracker]

Thanks this makes sense...


Now if I can get the dang ATF online site to come up!