Washington Would pistol frame be transferred as "Other" firearm, handgun or rifle in WA State?

[SCARed]

Wow. Suprised Sporting Systems is giving out bad and incorrect information in regards to NFA items.
It is only an NFA item when in a NFA configuration. Period. Take it apart and it's a regular Title 1 firearm. Slap a >16" barrel on it, and IT IS a regular Title 1 firearm. Take it across state lines or sell it just like any other firearm.
There is absolutely no requirement to pull it from the registry to sell it in a non-NFA configuration.

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.

 

[Sporting Systems]

Wow. Suprised Sporting Systems is giving out bad and incorrect information in regards to NFA items.
It is only an NFA item when in a NFA configuration. Period. Take it apart and it's a regular Title 1 firearm. Slap a >16" barrel on it, and IT IS a regular Title 1 firearm. Take it across state lines or sell it just like any other firearm.
There is absolutely no requirement to pull it from the registry to sell it in a non-NFA configuration.

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.

I'll verify again, with the ATF industry rep who told me exactly how to process a transaction from an estate we were handling. Specifically stated it could not be processed like that, under any circumstances. This was August 2019.

 

[SCARed]

I'll verify again, with the ATF industry rep who told me exactly how to process a transaction from an estate we were handling. Specifically stated it could not be processed like that, under any circumstances. This was August 2019.

Realized one of the other questions in the FAQ related specifically about this...

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.

 

[Sporting Systems]

Realized one of the other questions in the FAQ related specifically about this...

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.

As a side note, if you were the bearer of the SBR stamp without deactivating the item, that creates a paperwork dilemma for the seller, as the stamp says you still have it in your possession. This is getting into the weeds on potential legal jeopardy, an event would have to trigger a trace done on the serial number, meaning it was recovered, used in a Crime or suicide.

Deactivating the item would resolve all of the above issues.

When dealing with the NFA branch, the variety of answers you'll get from different parties is astrounding. Always ask to get it in writing.

 

[Makers Mark]

I checked with my favorite FFL here in Oregon this morning and he said he would transfer a frame as an "other" firearm. If you read the advice from the ATF letter it really doesn't suggest any other way. It is super frustrating that different FFLs have such different interpretations. But I blame the ATF for a lot of the confusion.

Yes, very frustrating. In fact I asked my go-to ffl the question again the other day. I sent him a website of an outfit that sold glock frames, either stripped or assembled, and he told me that either of those would be processed as 'other'.

 

[coop44]

I washington you have to be 21 for any transaction

that is because we are civilized up here. Under 21 and their brains haven't developed, 35 in oregon.

 

[bikemutt]

that is because we are civilized up here. Under 21 and their brains haven't developed, 35 in oregon.

Wow! Who knew?

Just curious, how old for California ?

 

[Sporting Systems]

Wow. Suprised Sporting Systems is giving out bad and incorrect information in regards to NFA items.
It is only an NFA item when in a NFA configuration. Period. Take it apart and it's a regular Title 1 firearm. Slap a >16" barrel on it, and IT IS a regular Title 1 firearm. Take it across state lines or sell it just like any other firearm.
There is absolutely no requirement to pull it from the registry to sell it in a non-NFA configuration.

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.

After 2 weeks, NFA specialist answered my question in writing. I received this reply yesterday afternoon.


"Dear Sir,

You wrote in via email, here are answers to your questions:

• If you remove the short barrel from a rifle, and just sell the receiver, than the receiver would be sold as a Title I rifle. You would then write to [email protected] and ask that the serial number be removed from the registry. You do not need to receive a response back from us to sell the title 1 firearm. I would keep the letter to our office (or email) in your bound book as proof."

This goes to having an item that is registered class 3 item, and deactivating it so that any trace on that item doesn't come back to an ATF agent knocking on your door asking to see your SBR. Its a little detail, but an important one to keep the chain of custody accurate.

 

[coop44]

Wow! Who knew?

Just curious, how old for California ?

Never