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 SBR your only AR lower? 
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The other day, a friend and I were discussing the pros and cons of using a Form 1 to SBR his only AR lower - one that he bought in a pre-594 private sale, I might add.

I think it is a bad idea for 2 reasons. First, he is currently in possession of a firearm that, aside from his close friends and immediate family, no one knows about because there is absolutely zero paper trail. I see that as a +1. Second, my understanding is that once the receiver becomes a registered SBR, he can't take it out of state without asking for ATF permission (Form 5320.20). By keeping it as a standard rifle lower, he doesn't need any permission to use his property when and where he sees fit (another +1).

He thinks that fear of registration leading to confiscation is nothing more than paranoia. He also thinks the out-of-state transport permission requirement is a non-issue because he rarely ever takes his guns outside of WA.

My suggestion to him was to buy a stripped lower from a dealer, install the LPK himself, and register that one, since it will already have a paper trail when he buys it. He said it's silly to invest more money in something he already has - a functional AR lower - especially since he has already built it to his liking.

What are your guys' thoughts?


Thu Feb 05, 2015 10:29 am
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The day the govt comes to round up the registered lowers, it'll be too late. I say let him register it.


Thu Feb 05, 2015 10:55 am
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Everybody needs more lowers. Seriously, you can buy a blem from PSA for $49. In the grand scheme of gun ownership, that's a very small price.


Thu Feb 05, 2015 11:00 am
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Agreed with Massive

If he really wants to keep that one off the books...a new lower can be had at a reasonable price in the current market.

I'd assume the cost would be minimal compared to the overall end cost of obtaining an SBR.


Thu Feb 05, 2015 11:01 am
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keep the one off the books and get a new lower and form 1 that one. *another option would be to, something, something something illegal. *spoken in senator palpatines voice :ROFLMAO:


Thu Feb 05, 2015 12:05 pm
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Just because a lower is registered as an SBR, does not mean it's always an SBR. You are allowed to change the configuration as long as it's returned to the designated configuration on your approved Form 1. For instance, put an 16" upper on it and you now have a non-SBR. You can follow all the rules as they concern traveling across state lines.


Thu Feb 05, 2015 12:07 pm
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Pardon my ignorance, but I was under the impression that when you SBR'd a rifle that you could no longer change the configuration....? Is this incorrect?

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Thu Feb 05, 2015 12:25 pm
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My understanding is that once you SBR the lower receiver, it is always an SBR - even with a 16"+ upper - unless you submit new paperwork to change it to something else. As far as the configuration goes, you can change it as much as you want once the stamp is issued.

ETA: I could be wrong here...have to research this one to be sure.


Thu Feb 05, 2015 12:30 pm
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OK, this link pretty much answers all the questions here... http://www.atf.gov/firearms/faq/nationa ... sportation

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Thu Feb 05, 2015 12:34 pm
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EDIT: Sissyboy beat me to it!

https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#removal-from-nfa
ATF wrote:
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?
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.


Also:

https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#receiver-sale
ATF wrote:
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 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.


https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#receiver-nfa-transfer
ATF wrote:
Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
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.


Thu Feb 05, 2015 12:36 pm
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Guns4Liberty wrote:
EDIT: Sissyboy beat me to it!

https://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#removal-from-nfa
ATF wrote:
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?
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.




That's the one. I'm not a Lawyer or pretend to be, but if I leave the short upper at home when traveling with a 16" +, I now have a non SBR as I do not maintain control over the parts to reconfigure. I'm guessing that was originally written for someone who sells/destroys/or otherwise no longer possesses a short upper and wants to use their previous SBR lower with a rifle upper.


Thu Feb 05, 2015 1:06 pm
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Massivedesign wrote:
The day the govt comes to round up the registered lowers, it'll be too late. I say let him register it.


Yup. If your friend isn't worried about being "on the books" and if he rarely travels outside the state, then for him I think it's just fine to make it an SBR.

Someone else who is concerned about being on the .gov list, and/or travels outside the state frequently with this rifle, will probably come to a different conclusion. And that's OK.

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Thu Feb 05, 2015 6:46 pm
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honestly, I don't understand why somebody who can afford to SBR only has one lower... still trying to rack my brain around that one...

personally when I SBR, I'm buying a high quality lower, Noveske, Seekins or similar... adding 200$ cost to a 50$ lower makes almost no sense as a thousand dollar acog on a 600 dollar AR.. but that's just me...

and as massive said, by the time NFA items are being rounded up, we will have bigger problems to deal with...

unless you plan on some illegal activity in the near future, "ghost guns" make no sense to me...

in order to truly be under the radar, you have to

1. not be on a forum
2. not have a cpl
3. never bought any pistol from an FFL in WA
4. have an unlimited amount of tinfoil at home...

so basically pointless for anybody already on this forum..


Thu Feb 05, 2015 8:21 pm
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Thu Feb 05, 2015 8:33 pm
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XDM9cWA wrote:
honestly, I don't understand why somebody who can afford to SBR only has one lower... still trying to rack my brain around that one...


This.

If you're serious enough that you're going to spend $200 to run a SBR with a stock - rather than just building a pistol and jamming the buffer tube into your shoulder (because you'd never do such a thing with a Sig Arm Brace! :peep: ) - I don't understand why you wouldn't buy another super nice lower on which to base this build. Hell...it doesn't even need to be super nice - just buy another lower...this seems like a silly situation to me. For $50 bucks you can get anything from polymer to aluminum.

Now is the time to buy...lowers are cheap.


Thu Feb 05, 2015 10:41 pm
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