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SBR's - Short barreled Rifles & AR Pistols

Discussion in 'General Firearm Discussion' started by jkraig, Feb 17, 2010.

  1. jkraig

    jkraig West Linn, Oregon New Member

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    I have seen allot of confusion over the past year, Including myself regarding AR lowers and when they can/can't be a pistol or rifle. This also goes for the short barrels and what is requred to have one. I have compiled some information I thought may be useful.

    Short barreled rifle (SBR) is a legal designation in the United States, referring to a shoulder-fired, rifled firearm with a barrel length of less than 16 inches (40.6 cm) or overall length of less than 26 inches (66.0 cm). In the United States, an SBR is an item regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as an NFA firearm. In the absence of local laws prohibiting ownership, American civilians may own an SBR provided it is registered with the ATF, and a $200 tax is paid prior to taking possession of or creating the firearm.

    Measurement Method
    Overall length is measured between the extreme ends of the gun, along a centerline which passes through the middle of the barrel. For rifles fitted with folding or telescoping stocks (such as U.S. Carbine M1A1), US Federal guidelines state that measurement is made with the stock unfolded as intended for use as a rifle; exception is made for rifles with easily detachable shoulder stocks, which shall be measured with shoulder stock detached. Some states such as California measure overall length with the stock folded. Barrel length is measured from the end of the muzzle to the front of the breechface, typically by inserting a measuring rod into the barrel. Barrel length may partially comprise a permanently-attached muzzle accessory (such as a compensator or flash suppressor).[1]

    A handgun, such as a Browning HP, with a shoulder stock installed may be considered a short barreled rifle under US law depending on year of manufacture of the pistol and stock.SBRs may be created by trimming down a larger rifle, by building a rifle with an original barrel shorter than 16 inches, or by adding a shoulder stock to a handgun, thereby legally redefining it as a rifle rather than a handgun. Each of these processes must legally be accompanied by ATF registration. Certain old handguns originally available with shoulder stocks, such as original broomhandle Mausers or Lugers, made before 1946, more likely to be valued as curios or relics than as weapons, have been removed from federal SBR restriction but may be restricted under local gun laws.[2] Certain "trapper model" rifles originally factory-made before 1934 with barrels under 16 inches have similarly been removed from federal SBR restriction (the ATF publishes a Curios and Relics List of models and serial number ranges). While SBRs on the Curio & Relic List are not "firearms" regulated under the 1934 National Firearms Act, they are still "firearms" regulated by the 1968 Gun Control Act.

    In the United States, it is a federal felony to possess an SBR without ATF authorization. ATF notification is required when transporting an SBR across state lines; this is accomplished by filing Form 5320.20 well in advance of the travel date. One must be cautious not to take an SBR into a state where the rifle is prohibited. One can take an SBR though an illegal state when they are on a direct route and have prior approval from the ATF with a Form 5320.20. One must also be careful not to take a SBR into international waters)[3] as they need to go through the proper procedure to return with the SBR to the United States. In some states where an individual cannot obtain a CLEO approval to purchase a SBR, it may be possible to use an NFA Gun Trust to bypass this requirement.

    Purchasing a short barreled rifle is accomplished by filing an ATF Form 4, Application for Tax Paid Transfer and Registration of a Firearm, and paying a $200 tax stamp. A short barreled rifle must be transferred by a Class 3 SOT dealer. When a citizen wishes to build a short barreled rifle, he or she must beforehand submit a completed ATF Form 1, Application to Make and Register a Firearm, along with $200 for payment of the tax stamp.

    Here is a great page on AR Pistols: http://www.quarterbore.com/nfa/sbr-aow-pistol.html

    ATF Form: http://www.atf.gov/forms/download/atf-f-5320-3.pdf

    Oregon Field Offices Bureau of Alcohol, Tobacco, Firearms and Explosives

    Portland I
    1201 NE Lloyd Boulevard, Suite 700
    Portland, Oregon 97232 USA
    Voice (503) 331-7810
    Fax (503) 331-7811
    Bureau of Alcohol, Tobacco, Firearms and Explosives

    Portland II
    1201 NE Lloyd Boulevard, Suite 700
    Portland, Oregon 97232 USA
    Voice (503) 331-7820
    Fax (503) 331-7821
    Bureau of Alcohol, Tobacco, Firearms and Explosives
  2. yotehunter

    yotehunter north west Active Member

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    good post