Short-Barreled Rifles

Status
Not open for further replies.

ATCAF

Member
Joined
Jan 31, 2008
Messages
5
One other question: Since BATF is utterly refusing to provide the proper info, Can someone tell me which form to use to apply for a SBR and what if any documentation I need to provide to BATF?
 
I think it is the Form 1.

Contact a dealer who specializes in NFA work. He can walk you through it.

Search AR15.com, Subguns.com
 
Its Form 1 if you are making the SBR yourself, and Form 4 for a transfer from another party (i.e. if you are getting the SBR through a Class 3 dealer or from another private citizen). In either case you must also get a local CLEO (Chief Law Enforcment Offficer, such as a police chief or a sheriff) to sign on the appropriate line on the Form. When you mail the form to the ATF you must also include a completed federal proof of U.S. citizenship form, two passport style photos, two completed federal finger print forms (you can take the fingerprinting forms to your local sheriff or police department to get the fingerprinting done), and of course a $200 check made out to the ATF for the NFA tax stamp. By the way, $200 is also the tax charge for an SBS, machinegun, or DD. For an AOW the charge is also $200 if you are the maker, but only $5 if you are getting it through a transfer.

If you can't find a local CLEO willing to sign the ATF form, you can instead form a LLC, corporation, or trust to have the NFA firearm transferred to. In this case since ownership of the SBR is being transferred to one of these legal entities rather than to a private citizen, there is no need for a CLEO signoff, and you also don't need the passport photos or fingerprint forms. Instead when you send in the form to the ATF, all you have to include with it is the U.S. citizenship form and the signed notarized documents showing that the LLC, corporation, or trust exists.

Of course no matter what, first check that your state has no laws barring possession of NFA firearms. If you decide to go the LLC, corporation, trust route, I also of course strongly recommend seeing a lawyer, to make sure the LLC, corporation, or trust is set up properly and in accordance with your state's laws.
 
What determines a sbr- other than a short barrel? How long does a barrel have to be to not be a sbr.
 
Since BATF is utterly refusing to provide the proper info . . .
Sorry, but I have a hard time believing ATF won't provide help on this issue. Several of my friends have either purchased or manufactured NFA weapons and received a great deal of assistance from ATF.

I'll also point out there is a good deal of info on the ATF website:

http://www.atf.gov/firearms/faq/faq2.htm#m

Then there is the contact info for the NFA branch:
http://www.atf.gov/firearms/nfa/index.htm

A link to download a handbook all about NFA firearms:
http://www.atf.gov/firearms/nfa/nfa_handbook/index.htm

A synopsis of what various forms are used for:
http://www.atf.gov/firearms/nfa/about.htm

Some additional info:
http://www.atf.gov/firearms/nfa/info.htm


Doesn't seem like they're trying to keep any info from you about NFA firearms.
 
What determines a sbr- other than a short barrel? How long does a barrel have to be to not be a sbr.

If the overall length of the rifle is less than 26 inches or if its barrel is less then 16 inches, then the rifle is an SBR. Incidentally, for some reason the length requirement is slightly different for a SBS (short barrelled shotgun). The overall length boundary is 26 inches as with an SBR, but the barrel length cutoff between a regular shotgun and an SBS is 18 inches rather than 16 inches. Barrel length is defined as the distance from the bolt face or breech-block face when the firearm's action is closed, to the end of the barrel, or to the end of whatever permanent attachment is at the end of the barrel. This is how the 14 inch barreled semi-auto M4 clones can be sold as normal rifles rather than SBRs, because while they may have a barrel that is only 14 inches long, they have a permanently attached extension (usually a flash suppressor) that is long enough to keep the total length at 16 inches or more.

By the way, when the ATF measures barrel length their official method is to close the rifle or shotgun's action on an empty chamber and put a rod down the barrel until it stops. They then mark the point on the rod where it just clears the end of the barrel or whatever permanent attachment is at the end of the barrel. After the rod is withdrawn from the barrel, the official length measurement is just from the end of the rod that was in the barrel to the point where it was marked.

In case anyone was wondering, any firearm (even if it uses an action taken from a rifle or shotgun) without a shoulder stock or vertical fore-grip, and which has a bore diameter of a half-inch or less, is classified as a pistol by the ATF. If the bore diameter is more than half an inch or it has a vertical fore-grip though, then it is considered an AOW (Any Other Weapon).
 
I have to admit. Every time I have called the ATF (which is quite a bit) they are very friendly and helpful.

You need to file a form 1 for manufacturing an SBR, SBS, DD, AOW. If you are transferring one which has already been manufactured you use a form 4. Even though you are only cutting down the barrel on an existing firearm you are still considered the manufacturer and will have to engrave your name, town and state or that of your trust, corporation, ect.

Dan
 
If the bore diameter is more than half an inch or it has a vertical fore-grip though, then it is considered an AOW

im pretty sure that anything over .50cal is a DD, not an AOW... but some rifles over .50cal can get sporting purposes exemptions... i have seen this all the way up to 20mm vulcan rifles...
 
yup, they are DDs
Category II, “Artillery Projectors,” includes guns over .50, howitzers, mortars, and recoilless rifles. Firearms over .50 caliber have a bore of more than one-half inch in diameter and are “destructive devices” as defined in the GCA and NFA.
 
any firearm (even if it uses an action taken from a rifle or shotgun) without a shoulder stock or vertical fore-grip, and which has a bore diameter of a half-inch or less, is classified as a pistol by the ATF.
If it started as a rifle, it will be a SBR. If it started as a shotgun, it will be a SBS. If it started as neither a rifle nor a shotgun, and it has a rifled bore, it will be a pistol. If it started as neither a rifle nor a shotgun, and it has a smooth bore, it will be an AOW.

If the bore diameter is more than half an inch or it has a vertical fore-grip though, then it is considered an AOW (Any Other Weapon).
If it has a smooth bore, it will be an AOW or SBS. If it has a rifled bore, it will generally be a DD.
 
Since BATF is utterly refusing to provide the proper info, Can someone tell me which form to use to apply for a SBR and what if any documentation I need to provide to BATF?

I also find it difficult to believe BATFE is refusing to cooperate with your requests. If you do something wrong with this and find yourself arrested will you claim that someone here gave you the proper information as your defense?
 
Status
Not open for further replies.
Back
Top