First sbr

I have a few questions regarding building a sbr. What is the process, I know you have to pay a 200$ tax stamp and get the lower engraved. Is it better to set up a trust? My brother got me an early birthday present and gave me cash to go buy a lower and 200$ for the tax stamp. I wasn't really looking to start a new build I might hold off on submitting paperwork is there a time line to actually finish the build before the tax stamp come back? Can I set it up as a pistol if I decide to complete it before I get the paper work back? And can I build 2 uppers for it like .300 blackout and 5.56 or is the paperwork caliber specific.

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Originally Posted by archangel

I have a few questions regarding building a sbr. What is the process, I know you have to pay a 200$ tax stamp and get the lower engraved. Is it better to set up a trust? My brother got me an early birthday present and gave me cash to go buy a lower and 200$ for the tax stamp. I wasn't really looking to start a new build I might hold off on submitting paperwork is there a time line to actually finish the build before the tax stamp come back? Can I set it up as a pistol if I decide to complete it before I get the paper work back? And can I build 2 uppers for it like .300 blackout and 5.56 or is the paperwork caliber specific.

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Some will say get it engraved before filing in case there's a mistake. Any mistake can be resolved. Many opinions on engraving, but you can get the lower engraved before or after approval of the Form1, there's no specific requirement.

The goto guys around here for engraving are basically Colorado Gun Writes (North), Danger Lee Industries (Elizabeth/South) and PaddyWagon (South). Last two are members here and both are SOT so they can hold your item. Troy @ CGW is at all the Tanner shows. Many here know how to get a hold of him. He's the only one mentioned that doesn't hold an SOT so you have to stay with the lower during the engraving. He does not do NFA engraving at the shows as he only brings his lightweight laser setup.

Currently you need a CLEO sign off without a trust. Trust or not doesn't much matter after July 13th when 41F goes into effect. You will still have to "Notify" the CLEO for either. 41F will require fingerprint cards be submitted along with your app for either.

You can build a pistol prior, but once made into a rifle/SBR, always a rifle/SBR. Remember the ATF deals in "constructive intent" so if you have the parts to assemble an SBR then you're walking a thin line. I keep a pistol lower built at all times, but then again having multiple SBR already, it's not a thing.

While you need to specify caliber and (OAL) length for the Form1 application, once built as SBR, you can temporarily change caliber and barrel length at will. It has to go back to the original config if you intend to make a permanent length change.

This is my understanding of the rules and may or may not be 100% accurate. There are many nuances and "what-if's that you should consult with an attorney. That's one reason I have the trust. My trust also , fortunately, owned all the evil 15+ rd magazines prior to July 1, 2013 so they are transferable to my heirs.

None of this is legal advise, seek your own council.

You might want to download the National firearms Act Handbook if you are going to get into NFA stuff. Some of it will be outdated because of 41F but the rest is a good Horses Mouth reference. It is published by the ATF.
http://www.atf.gov/content/firearms/firearms-industry/guides/publications-firearms-national-firearms-act-handbook

This link is to "atf-ruling-2011-4 rifle pistol" about converting a pistol to a rifle and the reverse.
https://www.atf.gov/firearms/docs/ruling/2011-4-pistols-configured-rifles-rifles-configured-pistols/download

A last link for going back and forth between a SBR and a non-NFA rifle.
https://www.atf.gov/firearms/qa/may-short-barrel-sbr-or-sbs-be-replaced-long-barrel-hunting-or-other-purposes-intent
"May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA."

I wasn't really looking to start a new build I might hold off on submitting paperwork is there a time line to actually finish the build before the tax stamp come back?

You have to have the Form approved before you actually build the SBR. After it is Approved you can take as much time to build the SBR as you like.

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Originally Posted by archangel

I have a few questions regarding building a sbr. What is the process, I know you have to pay a 200$ tax stamp and get the lower engraved. Is it better to set up a trust? My brother got me an early birthday present and gave me cash to go buy a lower and 200$ for the tax stamp. I wasn't really looking to start a new build I might hold off on submitting paperwork is there a time line to actually finish the build before the tax stamp come back? Can I set it up as a pistol if I decide to complete it before I get the paper work back? And can I build 2 uppers for it like .300 blackout and 5.56 or is the paperwork caliber specific.

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Can't build until it's approved, then you can swap uppers at will, they don't require notification of changes of barrel length or caliber, but there is paperwork if you choose to do so

You can travel with an SBR if you notify the ATF with the proper form, takes a few weeks for approval from what I read so plan ahead, never done it myself. Alternatively, you can put a 16" upper as long as it's oal is more than 26"(I think that's the minimum? DEFINTELY check) and travel freely. But with either, you must follow the laws of the places you will be visiting and passing through.
Edit: Such as California, you could be arrested and charged for your rifle that is completely legal in your home state, and neither SBR's or suppressors are allowed there.

If you want to run it as a pistol you have to register the lower as a pistol. EDIT: See below

As far as a trust, the benefits are still there after 41f, but now you will have to notify your local law enforcement and submit a photo and fingerprints as well as what NFA items you will are registering. Anything prior to 41f remains only between you and Uncle Sam. The benefits are putting other friends, family, whomever you choose as a trustee and can have your NFA items without you present. Also you can list beneficiaries for who gets the items after you die, there's less BS associated with your loved ones getting your items.

I got my lower engraved prior to receiving my stamp, but defintely have it done before you assemble. The rules are hazy but just to avoid any potential conflicts or court dates, it's much less of a hassle. There are also rules about having it engraved, location, how deep the enragving, visible without having to dismantle etc., but someone who knows what they're doing will get you set up. Tim at DangerLee Industries did mine.

As mentioned, it's a good idea to familiarize yourself with the NFA Handbook.

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Originally Posted by Calculated

You can travel with an SBR if you notify the ATF with the proper form, takes a few weeks for approval from what I read so plan ahead, never done it myself.


If you want to run it as a pistol you have to register the lower as a pistol.
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A 5320.20 takes approx 30+ days for approval. That form is required when traveling OOS with a SBR, AOW, SBS. machine gun. BUT... You do not need or is it required to get one for transporting a suppressor out of state.
THE CATCH IS........... You can't bring a NFA item to (OR IMO) through states where NFA items are prohibited

Incorrect. a lower is a lower / OTHER when purchased. THERE'S NO REGISTRATION ! ! ! [facepalm] yet........


I don't engrave the item till approved Form is in hand. Everyone does it differently.

^^^ I misspoke. If the lower is marked rifle on 4473, it is unlawful to make it into a pistol. If it is marked other then you are okay. Either one is capable of being Form 1'd to an SBR.

Also, if a lower is barreled into a rifle, it cannot be rebarreled as a pistol.


Thanks for calling me on my misinformation GK

Thanks guys I've been reading over the nfa link provided great info still not sure if I want to build a new rifle between my ar and my wife's we don't shoot her's often mine sees more use I might just use the 200$ and put that twords a supressor instead

Don't forget the cost of your trust...Unless I missed where you already have one?

We already set up a trust