rkba_net- I know his gun is illegal. I knew that from the get go. Does that mean that even by disposing of the short barrel and installing a legal barrel the gun is contraband? Can he make the gun legal by install 18''+ barrel? THEN file the necessary paper work to SBS it? I realize that he can be in SERIOUS trouble if found in possession of this gun. I advised my coworker to notify him of that immediately. He has unknowingly been in violation of the law for 14 years! Is this guy at risk of criminal penalty no matter what he does?
The gun IS illegal in it's current configuration. It is a $250.000.00 fine, 10 years in prison and a felony to possess.
If the barrel is removed and destroyed and replaced with a barrel over 18" in length, it is legal.
If the barrel is removed, taken to another location away from the receiver, it is legal. It is not illegal to possess a short barrel with no receiver. It is not illegal to possess a receiver without a barrel.
The procedure for registering under the rules of the NFA are as follows:
Has to be legal in your state of residence.
2 copies of ATF form 1 with your photographs attached and CLEO signature have to be submitted.
2 fingerprint cards.
1 citizenship form.
$200.00 fee.
Another requirement is that the gun must be engraved with specs meeting ATF requirements with a minimum of First initial, Last name and city and state of the manufacturer (person submitting Form 1).
There is also another procedure where you create a trust and no fingerprint cards, photos, or CLEO signoff is required. I do not know those procedures, so, I can't help you there.
Go to the website
www.atf.gov and you will find a link to order all the forms you will need. There is also a contact number if you actuall want to speak to someone. All of these forms are free.
Once all the paperwork is completed and submitted there is a wait of 2-3 months for approval. Once approved, the gun can be reassembled. The gun can NOT be assembled until the approved Form 1 has been received.