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SBR Form 1 Question

jbett98

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I recently purchased a pre ban HK MP5 de-milled parts kit that I want to SBR.
I already have a family gun trust with multiple tax stamps in it (pre 41F), and I don't want to go through the hassle of processing three responsible persons forms for the family gun trusts trustee's.
So, my question is, do you have to send a copy of the SBR form 1 to my local police station which I assume is the required protocol when submitting an individual form 1, since you don't have to get the chief's sign off like the old days?
 
So, my question is, do you have to send a copy of the SBR form 1 to my local police station which I assume is the required protocol when submitting an individual form 1, since you don't have to get the chief's sign off like the old days?
Yes. From the ATF site.

Is the chief law enforcement officer required to sign the law enforcement certification on ATF Form 1 or ATF Form 4?
No. Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a CLEO and instead adds a CLEO notification requirement. Prior to submission of the application to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the State police, State or local district attorney or prosecutor. If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
And on the Form 1 instructions:

g. Law Enforcement Notification. The applicant must provide a copy of the Form 1 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the applicant’s address shown in item 3b of the Form 1. In addition, if the applicant is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, for each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor.
 
Last edited:
OP
jbett98

jbett98

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What happens if you forget to forward the form 1 to the local top cop. Does the BATF examiner call said top cop and check on it?
 
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They could. Why risk it? The requirements are clear. You would be potentially setting yourself for federal felony charges by not following the letter of the law. The NFA isnt something you really want to play around with. Hypothetically speaking of course.
 

erslll

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I'm not sure I understand why this is a problem? If you do an e-file Form 1, the LEO paper work is part of what gets printed for your records anyway. Why would it be a problem to just send it off?
 

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