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So I am SBR stamping a lower w/10.5" upper, can I use a 16" upper on it and swap back the the 10.5" without an issue?
Sounds like a dumb question but the rules the ATF runs on are not consistent.
What are the minuses of having a SBR stamp?
Interstate transport of an SBR item requires a form to be submitted to the ATF in advance of your travel plans
If you ever want to sell the item, the new buyer will have to go through a lengthy Form 4 process
If you want to hand down items to family members or other through a will, bequeathing an NFA item is not impossible but also not easy
It is one thing to have a sidearm stolen from a car, but leaving an NFA item in an unattended vehicle, and if it were to get stolen...
There are also tighter rules about who has access to your NFA items.
If you ever change the barrel length, from 10.5" to 11.5", you are supposed to fill out a form indicating the change in configuration. (If swapping to a 16" barrel, it isn't required I believe, but frankly I have never had any interest in swapping an SBR back to a rifle. I did know one guy who applied to have an item removed from the NFA registry in order to sell an item as a standard pistol, but I don't know how that turned out. It sounded painful, though)
Basically, once you register an SBR, you should probably think of it like it will remain in your possession until you die. Then after you die, unless you prepare in advance with the assistance of a lawyer (most likely), your family probably will not get access to your NFA items.
Thanks for the info -
I do have a firearms trust so the transfer to family members in the trust it shouldnt be a problem. I think, and why I am asking questions.
Worst case I could disassemble onto another lower as a non-braced format for a sale (un-likely) if I needed.
The swap question was mainly due to having more uppers than lowers and different triggers and grips on the lowers. My thought would be to SBR both lowers and be able to put anything on either.
If you have an SBR it can be in any SBR configuration at any time. In theory if you permanently change the SBR to a different SBR configuration you should notify the ATF so the records are correct.
If your SBR is in a non-NFA configuration all non-NFA rules apply. If you put a 16"+ barrel and stock on you following "rifle" rules not NFA rules. If you choose to permanently configure as non-NFA you should notify the ATF so the records are correct. There is no "applying" to have it removed.
If you chose to sell your firearm and it is in NFA configuration then it would take a Form 4 transfer. If it is in a non-NFA configuration you can sell it as a regular firearm.
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