JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Messages
4,172
Reactions
11,978
I've been thinking SBR lately and want to jump into this ... but ... I'm moving from this state in ~12 months.

Has anyone moved with an SBR before?

How long does it take to get a response from the ATF when submitting the moving form? If I move before getting a response, can the firearm be left with an FFL? If I end up being stuck at a state that has SBR's as illegal, what's the sales process like?
 

FWIW, it took about 30 days for me to get a response, but that was over 10 years ago.
 

FWIW, it took about 30 days for me to get a response, but that was over 10 years ago.
Yea, that's the page that I was reading...no info on timeline though.

Depending on how things go, we may end up moving in a hurry and possibly sight-unseen. This move is for my wife's internship, so, which state it'll be in and which address we'll have may be tough to figure out with enough time for the ATF to send a response...especially if it is 30 days. :(

I'll need to find out if I can leave it in possession of an FFL.
 
Its an notice of address change, not a permission slip to go. Only issue will be if you move to state where you cannot possess and SBR.
Good to know. The language used on the ATF site
Approval for the transportation may be obtained by either a written request, or an approved application filed...
makes it sound like it may be unlawful to transport the item without prior registration.
 
With an AR based SBR you can easily reconfigure into non-NFA status if you need to. You could also leave the lower in secure storage while awaiting the permission slip to take it across state lines. You do need to wait for the ATF's permission before taking an SBR across state lines. The larger question is what the state and local laws of your destination and your transit states look like.
 
Its an notice of address change, not a permission slip to go. Only issue will be if you move to state where you cannot possess and SBR.

Yep.

You can also submit a notice of transport. I do this every year and specify a date range of Jan 1 - Dec. 31. That way you can legally transport it then when you're set to move, put in the change of address.

People like to make this stuff more complicated than it needs to be. The ATF doesn't help in this regard, but it's really not as big of a deal as it's made out to be.
 
For what it is worth, here are some quotes. Interpret/apply/love/hate on them as you see fit.

27 CFR 478.28(b):


No person shall transport any destructive device, machine gun, short-barreled shotgun, or short-barreled riflein interstate or foreign commerce under the provisions of this section until he has received specific authorization so to do from the Director. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms.

18 USC 922(a)(4):

It shall be unlawful—
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce anydestructive device,machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

27 CFR 478.11 also defines "commerce" broadly as including even "travel."

Commerce. Travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.https://www.law.cornell.edu/cfr/text/27/478.11
 
With an AR based SBR you can easily reconfigure into non-NFA status if you need to. You could also leave the lower in secure storage while awaiting the permission slip to take it across state lines. You do need to wait for the ATF's permission before taking an SBR across state lines. The larger question is what the state and local laws of your destination and your transit states look like.

That's interesting...so the lower get's registered as an SBR...but swapping to a rifle length upper or switching to a pistol brace effectively negates the SBR status?
 
That's interesting...so the lower get's registered as an SBR...but swapping to a rifle length upper or switching to a pistol brace effectively negates the SBR status?
It's only a NFA item when in a NFA configuration. So slap a 16" upper on it and it is no longer a NFA item. You can sell it or do whatever you want with it at that point.
 
It's only a NFA item when in a NFA configuration. So slap a 16" upper on it and it is no longer a NFA item. You can sell it or do whatever you want with it at that point.
Yes and no. You can put any other upper on it and play all day long. It should be kept in a condition where you can "readily restore" it to the documented caliber and length. However, the lower is still registered as an SBR and subject to being produced upon an ATF inspection request. You can have it delisted as an SBR by submitting a letter declaring that you want it removed from the NFA registry and return the original tax stamp. The proper procedure would be to delist it or it could cause issues down the road for the original owner or if its sold.
 
Yes and no. You can put any other upper on it and play all day long. It should be kept in a condition where you can "readily restore" it to the documented caliber and length. However, the lower is still registered as an SBR and subject to being produced upon an ATF inspection request. You can have it delisted as an SBR by submitting a letter declaring that you want it removed from the NFA registry and return the original tax stamp. The proper procedure would be to delist it or it could cause issues down the road for the
While that is safe, decent advise to give, especially from a store, none of it is true.

The ATF FAQ used to include all of this before it was redesigned:

Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.

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.

Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
A: While a receiver alone may be classified as a firearm under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR).

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: 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.

Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
A: 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.

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?
A: 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.
 
I've been down this road before and took it directly to my ATF criminal investigator, the NFA industry operation manager and the NFA branch. While the old FAQ is a reasonable resource and a plausible defense, the fact is, the individual agent's discretion is where the problem lies. Do you want to end up in questionable situation because you didn't delist the item? My commentary is 100% in agreement with the direction of 3 separate ATF contacts we work with.

In a climate with politicized agencies, being prudent and cautious would be the ONLY advice I would ever offer anyone, not the bare minimum. Folks can do whatever they want, and by no means am I stating what anyone must do, I'm not a criminal defense attorney.

An ounce of precaution versus a pound of flesh. It takes 2 minutes to write the letter. In their own words, as you shared bove, " ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA." So, per their recommendation, my previous statement is 100% in line with ATF recommendation.

If you watch how the ATF is moving the goal posts right now, you'll see what I mean.


Pistol braces next week...

The agency under Biden, is being weaponized to attack law abiding citizens rights. An ounce of precaution and 2 minutes is a pretty solid line of thinking to consider. Or not. We're still a free country for a few more months.
 
Its an notice of address change, not a permission slip to go. Only issue will be if you move to state where you cannot possess and SBR.
I had thought the notice of address change was for moving within a state (no ATF form, just a letter to them). That when moving from one state to another you form 5320.20 and mark it for "Permanent Change of Address" which requires approval. Things may have changed, I only did this once 18-years ago going from AZ to OR.
 
That's interesting...so the lower get's registered as an SBR...but swapping to a rifle length upper or switching to a pistol brace effectively negates the SBR status?
Both of my SBRs were AR-Pistols while the paperwork was being sorted out.
Once I got my paperwork, and got the engraving, then I swapped the pistol blade for a collapsable stock.

If you change the upper (say from 10.5in to 16.25in) you are now a rifle.

In my limited experience, form-1 is pretty fast, so unless you have a specific need/timeline, you could wait until you land where your wife's internship is, assuming that state allows SBRs.

Best of luck with the SBR, and of course with the internship.
 

Upcoming Events

Tillamook Gun & Knife Show
Tillamook, OR
"The Original" Kalispell Gun Show
Kalispell, MT
Kids Firearm Safety 2 Class
Springfield, OR
Teen Rifle 1 Class
Springfield, OR

New Resource Reviews

New Classified Ads

Back Top