SBR Interstate transport

[golfindia]

You can strip it to a bare receiver, but unless you remove it from the registry, it will still be an NFA item.

Nope. If it has no shoulder stock, it's not an sbr.

ATF FAQ:
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.

And from the NFA handbook:

Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of
components.
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various
definitions due to specific features. If the particular feature that causes a firearm to be regulated by the
NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.
For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is
removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel.
Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel
length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified
firearm is not subject to the NFA. N

[Sithlord]

You can strip it to a bare receiver, but unless you remove it from the registry, it will still be an NFA item.

Nope. If it has no shoulder stock, it's not an sbr.

ATF FAQ:
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.

This is why the NFA should be declared unconstitutional, and the ATF disbanded.

1) Every one of us are LAW ABIDING CITIZENS trying to understand the mannerisms of law in conjunction with how an appointed organization interprets those laws.

Things like: Can I turn a rifle back into a pistol (I don't believe you can). And once you make it an SBR, it's a RIFLE. Doesn't matter what it started life as because you declared at time T that it is a RIFLE. It's a RIFLE forever. Now, it doesn't have to be a SHORT BARREL rifle - you can put a 16" barrel on it, and it no longer requires a Form 20 to go out of state. ATF has "declared" that a pistol can be temporarily converted to a rifle, and then converted back. Declaring it as an SBR is not a temporary conversion.

2) Flying with a firearm is allowed, in accordance with TSA policies (declared, hard side case, checked, unloaded, locked). The fact that it's an SBR, suppressor, or MG doesn't matter. TSA's job is to ensure that the items being flown are SAFE, not LEGAL. They cannot and will not arrest you (only Law Enforcement can do that; TSA can only detain you). I was detained (really delayed as no charges were filed, etc) at an airport for having a loaded magazine in a firearm (no round in the chamber, and a chamber flag was in the firearm, but still "loaded" per TSA regs). LE was called to make the firearm SAFE - they removed the magazine and stuffed it in the case, laughed and left.

Of course, seeking any legal advise on a public domain forum is "risky". Having flown over a dozen times with SBRs and suppressors, I've only been "stopped" that one time.

The government will be working again by the time you go hunting. Submit your Form 20, check your SBR, and enjoy your hunt. You are a law abiding citizen, wanting to DO THE RIGHT THING. By submitting the Form 20, you are, even though I think that is unconstitutional.

[dellet]

You can strip it to a bare receiver, but unless you remove it from the registry, it will still be an NFA item.

Nope. If it has no shoulder stock, it's not an sbr.

ATF FAQ:
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.

And from the NFA handbook:

Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of
components.
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various
definitions due to specific features. If the particular feature that causes a firearm to be regulated by the
NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.
For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is
removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel.
Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel
length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified
firearm is not subject to the NFA. N

Both of those references seem to be clarifying permanent modifications that will remove the firearm from being subject to the NFA.

Then there are the "intent" references that pop up all the time concerning parts in proximity of each other. I think if you had a pistol that had been registered as an SBR in your possession out of state, and Game Wardens called in the serial numbers, as they are apt to do at times. You might have some splaining to do.

I agree it's all BS, but I would either take it as an SBR, or leave it home.

[John A.]

Putting a pistol brace on a SBR does NOT make it a pistol. In order to be a pistol, it must have ORIGINALLY been a pistol. If you made your SBR put of a pistol, then it might be legal to turn it back into a pistol (IDK for sure). If it was a rifle you did a form 1 on and made it into a SBR, changing the furniture does not make it a pistol

You've been reading too many ATF opinion letters.

If it's registered as an SBR, it's an sbr regardless of what furniture that you have on the weapon at any given time.

You can however write to the NFA and ask them to remove it from the registry if you decide that you no longer want it to be an SBR, and of course, they don't refund the $200 for that.

SBR's are registered by their serial number. Not their barrel length. Or whether it has a buttstock or brace on it.

So, if your gun gets stolen in a gas station while you pulled off to stretch your legs and take a whizz, your SBR is stolen. Not your pistol.

Yes, I know what the "nfa handbook" says about it.

And I know the nfa handbook is not an official document too.

first line of paragraph 1

Please be aware that the NFA Handbook is not available in a printed version.

And first line of paragraph 2:

This publication is not a law book.

[golfindia]

So we are interpreting the actual NFA handbook words wrong? Okeedokee..

[John A.]

No, just pointing out the fact that there is no actual *official* nfa handbook.

The serialized lower is what's registered as the sbr.

If you have the serialized lower, well....

[golfindia]

No, just pointing out the fact that there is no actual *official* nfa handbook.

The serialized lower is what's registered as the sbr.

If you have the serialized lower, well....

This is your opinion which you're entitled to, however this is not what the NFA handbook words actually say, verbatim.

Also, you didn't quote the whole intro to the handbook, I will here:
This publication is not a law book.
Rather, it is intended as a “user friendly” reference book enabling
the user to quickly find answers to questions concerning the NFA. Nevertheless, it should also be useful
to attorneys seeking basic information about the NFA and how the law has been interpreted by ATF.

I don't care what anyone does, or doesnt do. I'm not giving advice or opnions. Just reading the words on the pages.

Res ipse loquitar.

[golfindia]

I think if you had a pistol that had been registered as an SBR in your possession out of state, and Game Wardens called in the serial numbers, as they are apt to do at times. You might have some splaining to do.

The only explaining you need to do is to tell Mr warden he has no authority to review your serial numbers. And that he is welcome to call up the atf and ask them to do it.

[John A.]

I think if you had a pistol that had been registered as an SBR in your possession out of state, and Game Wardens called in the serial numbers, as they are apt to do at times. You might have some splaining to do.

The only explaining you need to do is to tell Mr warden he has no authority to review your serial numbers. And that he is welcome to call up the atf and ask them to do it.

I'm not sure what you're saying here. How do you figure a police/game warden doesn't have the authority to review your serial number?

[golfindia]

I think if you had a pistol that had been registered as an SBR in your possession out of state, and Game Wardens called in the serial numbers, as they are apt to do at times. You might have some splaining to do.

The only explaining you need to do is to tell Mr warden he has no authority to review your serial numbers. And that he is welcome to call up the atf and ask them to do it.

I'm not sure what you're saying here. How do you figure a police/game warden doesn't have the authority to review your serial number?

Because local/state game warden has zero authority to enforce federal NFA laws.