300BlkTalk

Suppose I have a properly registered SBR and I attach a 16+ inch barrel upper, making the configuration fall under GCA, not NFA. (OAL >26").

Do I need to get ATF permission to transport this weapon, in its non-NFA configuration, across state lines?

Worn wrote:Suppose I have a properly registered SBR and I attach a 16+ inch barrel upper, making the configuration fall under GCA, not NFA. (OAL >26").

Do I need to get ATF permission to transport this weapon, in its non-NFA configuration, across state lines?

Short answer: you will need the "SBR" barrel with it to be legal.
Supposedly your Form 1 has an OAL of "SBR" assembly.

My understanding is that as long as you traveled with the 16+ barrel and do not travel with components that would constitute an NFA configuration when assembled then you would be good to go to transport it as a non NFA configuration. Subject to state and local laws and regulations to where you're going and traveling through of course. I'm not BATFE or a lawyer so I would check with your local BATFE rep before taking anything you read here as fact.

IMGrunt wrote:My understanding is that as long as you traveled with the 16+ barrel and do not travel with components that would constitute an NFA configuration when assembled then you would be good to go to transport it as a non NFA configuration. Subject to state and local laws and regulations to where you're going and traveling through of course. I'm not BATFE or a lawyer so I would check with your local BATFE rep before taking anything you read here as fact.

This is what I figure, but then common sense seems to have no place in firearms law. Just hoping someone here knew for sure.

I don't have a "local" ATF agent. Is it possible to submit such questions on line to get an official answer?

Yea sure you can ask. It just takes a matter of months to reply.

Opinions are like, oh well you know the saying. I would side with the concept that if the barrel is > 16" its not in NFA configuration and it doesn't matter.

But the real question is why don't you just take another lower that's not registered as an sbr? If the goal is to travel with >16" and then put a <16" on later that's gonna be a no no. Just submit the travel request and wait a month, they are good for awhile.

I was reading somewhere (gov ATF site) that as long as you maintain control of the original parts, the lower is still regulated as an SBR. As I translate it, you would not be able to take the lower out of state without ATF permission, even if the upper stayed at home in the safe. That was my understanding when I read it. YMMV

Hoot Gibson wrote:I was reading somewhere (gov ATF site) that as long as you maintain control of the original parts, the lower is still regulated as an SBR. As I translate it, you would not be able to take the lower out of state without ATF permission, even if the upper stayed at home in the safe. That was my understanding when I read it. YMMV

This is the correct answer. It is in the NFA SBR FAQ.

And I just read that the letters ATF periodically sends out to individuals for clarification on specific questions are not legal binding...yep, file a 5320.20 and avoid the legal hassle later down the road. Or build a spare lower and be done with it.

From the NFA FAQ:

Q: If I remove the short barrel from my SBR or SBS, may I move the firearm across state lines without the submission of ATF Form 5320.20, Application to Transport or to Temporarily Export Certain Firearms?

If the registrant retains control over the parts required to assemble the SBR or SBS, the firearm is still be subject to all requirements of the NFA. ATF recommends contacting law enforcement officials in the destination state to ensure compliance with state and local law.

Personally, IMHO, this is BS.

Of course, obtaining 'permission' to transport anything legally owned across state lines is, well, ridiculous. I still do not understand the legal basis for this. Even if it were considered 'commerce', it is no different from bringing a handgun or rifle across state lines. No permission required, EVEN IF THE FIREARM IS ILLEGAL IN THE NEW STATE thanks to FOPA (unless you travel by air through NY and get caught in a snowstorm).

Given that 'ATF' recommends that the individual check for compliance, then BLK is the ATF doing with the Form 20?

I've always wondered what purpose is served by the requirement to get permission to take a NFA weapon across state lines. Is ATF going to notify the destination state so they can keep a lookout for me, lest I commit a crime using my suppressed SBR?

If not, then what does the permission process accomplish that is in the public interest? I mean officially, not in actuality. In actuality, it's simply another way to burden gun owners.

What is the goal that is served by the permission process?