Moving out of state unexpectedly with NFA items?

[Will_White]

So as I understand it standard procedure would be fill out a form wait a couple weeks for approval and then move. But what if you need to move and you don't have a couple weeks? As I understand it you can't just give them to someone else and you can't take then with you without approval, so what are your options? For SBRs could you put a legal length barrel on and put the short barrel on a pistol or AOW, or leave the short barrel with a friend?

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[mkwerx]

Once an NFA registered gun its always an NFA item unless you request to have it removed. So even with a 16 inch barrel its an NFA gun. Call the local ATF office and get the word from them.

 

[IronMonster]

Once an NFA registered gun its always an NFA item unless you request to have it removed. So even with a 16 inch barrel its an NFA gun. Call the local ATF office and get the word from them.

This is not correct. Most NFA items cannot be configured as a non controlled item but a SBR can. If you put a 16" barrel on a SBR it is no longer a SBR. It cant be by definition. That lower is still registered as an SBR but it is not treated as one with a 16" barrel. The lower is just a lower unless it is assembled with a stock and a barrel less than 16"

You can even sell a NFA SBR lower as a non NFA item with no paperwork if it is built as a rifle with a 16" barrel... Of course, at that point it is no longer a transferable NFA item. It does not matter the ATF has it registered as a SBR if it is not a SBR. They request you remove it from the NFA list but it's not a crime for you not too.

Not sure why anyone would do that... But you could.

 

[PDXSparky]

You can store them at a friend's place if you put them in a lockable container such as a safe that only you have the key or combination for.
Or you can put them in a safe deposit box at a bank.

The important part is that they are locked up and only you can access them.

 

[Will_White]

This is not correct. Most NFA items cannot be configured as a non controlled item but a SBR can. If you put a 16" barrel on a SBR it is no longer a SBR. It cant be by definition. That lower is still registered as an SBR but it is not treated as one with a 16" barrel. The lower is just a lower unless it is assembled with a stock and a barrel less than 16"

You can even sell a NFA SBR lower as a non NFA item with no paperwork if it is built as a rifle with a 16" barrel... Of course, at that point it is no longer a transferable NFA item. It does not matter the ATF has it registered as a SBR if it is not a SBR. They request you remove it from the NFA list but it's not a crime for you not too.

Not sure why anyone would do that... But you could.

So you could put a 16" barrel on while the paper work is being processed? What about taking the buttstock off so it becomes a pistol (assuming it started as a pistol and became an SBR)

 

[Will_White]

You can store them at a friend's place if you put them in a lockable container such as a safe that only you have the key or combination for.
Or you can put them in a safe deposit box at a bank.

The important part is that they are locked up and only you can access them.

Could the friend then ship them to an FFL in the destination state, or would you have to come back and get them?

 

[HB of CJ]

A registered SBR receiver can be legally swapped back and forth with various length barrels. This would include barrels under 16" and over 16". However, the receiver remains an NRA item. If you put an 18" barrel on it it's still a SBR engraved NFA receiver as far as the BATFE is concerned.

I think but am not sure you can stash the guns with a local friendly knowledgeable cheap Class 3 dealer for safe keeping. But I am not sure about this. Yep. Contact your BATFE office and ask. Also try the frequently asked questions. Some of us routinely keep transport permissions slips.

All Oregon State, US Code Laws And NFA Rules Apply. Trying to create exact paragraph lengths is impossible.

 

[IronMonster]

So you could put a 16" barrel on while the paper work is being processed? What about taking the buttstock off so it becomes a pistol (assuming it started as a pistol and became an SBR)

yes to both..

If its not a SBR, then its not an SBR

 

[PDXSparky]

Could the friend then ship them to an FFL in the destination state, or would you have to come back and get them?

Unless the items are owned by a Trust and your friend is a trustee on the trust, you'd have to come back to get them. The point of having them locked up is so no one else can have access to them.

 

[IronMonster]

A registered SBR receiver can be legally swapped back and forth with various length barrels. This would include barrels under 16" and over 16". However, the receiver remains an NRA item. If you put an 18" barrel on it it's still a SBR engraved NFA receiver as far as the BATFE is concerned.



All Oregon State, US Code Laws And NFA Rules Apply. Trying to create exact paragraph lengths is impossible.

Not true, You cannot have an SBR with an 18" barrel. You put a barrel longer than 18" on it then it is no longer an SBR.

Its true you have a NFA registered lower but since the configuration is no longer that of a NFA weapon it's meaningless... As I stated before you can sell a NFA registered lower with no paperwork if it is assembled into a non NFA configuration and you don't even have to notify the ATF.... Because it is no longer a NFA item by definition. They request that if you dispose of a NFA item in this manner that you ask to have it removed from the NFA list but it is not a crime not too.

You put a 10" barrel on it, it is now again an NFA item.

SBR's are unique in this sense, Far as I understand its the only NFA item that can be modified to not be an NFA item.

If you had NO barrel on a NFA receiver, I think the argument could be made that it still is a NFA item. Just like if you took a machine gun apart whatever part is registered is still a machine gun.



As far as leaving them anyplace.... I think that is a bad idea. You could potentially leave them with a class three but I think that is problematic. If they are in a class three shop I suspect they would still have to have paperwork on them just to store them. They cant just have NFA items sitting around with no paperwork.

 

[uscsoldier]

And this is how the .gov wins. They make it so we argue and bicker amongst ourselves and not focus our anger at them

 

[IronMonster]

Nobody is bickering and far as I can tell nobody is angry... are you sure you posted in the right thread?

 

[wired]

No barrel on a registered SBR receiver it is NOT an SBR. Its just a receiver. Its only an SBR when its fully put together as an SBR with a sub 16" barrel.

You cannot leave a SBR with a dealer without doing a transfer to the dealer and back to you. Tax time.

 

[CountryGent]

SBR's are unique in this sense, Far as I understand its the only NFA item that can be modified to not be an NFA item.

There are others. From the ATF's National Firearms Act 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. NOTE: an acceptable method for permanently installing a barrel extension is by gas or electric steel seam welding or the use of high temperature silver solder having a flow point of 1100 degrees Fahrenheit.

A shot pistol ("any other weapon") such as an H&R Handy Gun may be removed from the NFA by either disposing of the smooth bore barrel or permanently installing a rifled sleeve chambered to accept a standard pistol cartridge into the smooth bore barrel. Modified by sleeving the barrel, an H&R Handy Gun is no longer an NFA weapon because it now has a rifled bore.

Large caliber destructive devices that are not also machineguns can be removed from the NFA by disposing of the barrel. If the barrel of a 37mm cannon is removed and disposed of, the remaining weapon has no barrel or bore diameter. As an alternative, the barrel of a destructive device may be functionally destroyed. To destroy the barrel of a destructive device the following operations must be
performed:

• Cut a hole, equal to the diameter of the bore, on a 90-degree angle to the axis of the bore,
through one side of the barrel in the high pressure (chamber) area.
• Weld the barrel to the receiver of the weapon.
• Weld an obstruction into the barrel to prevent the introduction of a round of ammunition.