Stamp for SBR Lower Approved

K

Kansas Shooter

New member
I was planning to put an update in my last thread about my experience with a CLEO's sign-off (http://thefiringline.com/forums/showthread.php?t=543522), but wondered if anyone kept their subscriptions to it.

Short history: A year ago September, I purchased an AR complete lower, that was registered as a SBR by Colt, from a S.O.T. in the state of ME. The Form 3 transfer to my dealer took ~5 months due to one of the Fed. Gov.'s shut-down at the time. I mailed my Form 4 Application to the ATF on March 20 after getting my sheriff's signature on it.

I received an email from my dealer last Friday telling me he received my stamp (just short of eight months later). I'm planning to pick the lower up sometime next week/weekend (my S.O.T. is roughly two-hrs. away, and I am working this weekend).

This is my first NFA purchase and I'm glad I have had other guns to shoot during the wait for this lower; I can only imagine my impatience with my first suppressor purchase! I suppose I should look into e-filing a trust next time.

I'm wanting to get a Mk 18 Mod0/CQBR upper for my first military clone: http://smg.photobucket.com/user/morningstar333/media/20140720_172355_3.jpg.html. I decided on the Block I variant since I already have a spare KAC RAS. I don't know if I can bring myself to paint it...

Here's a picture of my lower:
 

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I'll bet ATF didn't know it was only a lower receiver on that Form 3 and Form 4.;)

-if the Form 3 and Form 4 say "short barreled rifle" under type of firearm.......someone messed up, as a firearm receiver is not a rifle.
-semi auto lowers and receivers aren't NFA and do not require a tax stamp to transfer.
-only when configured as a short barreled rifle is it under the NFA.
-if you possess an SBR, you can remove the short barrel, replace with a 16" bbl ................and you no longer have an SBR. Once you return it to the short bbl.........it again becomes an SBR.
 
-if the Form 3 and Form 4 say "short barreled rifle" under type of firearm.......someone messed up, as a firearm receiver is not a rifle.
-semi auto lowers and receivers aren't NFA and do not require a tax stamp to transfer.
Click to expand...

Would it make any difference if the manufacturer of the lower built a SBR with it originally and registered it as such (as Colt did in my case)?

In order to re-sell the lower without going through a Class III dealer, would I need to send a letter to the ATF saying I no longer have the short barreled upper (or build a pistol lower for it) to take it out of the registry?

Thanks for your response
 
Kansas Shooter Quote:
Would it make any difference if the manufacturer of the lower built a SBR with it originally and registered it as such (as Colt did in my case)?
Click to expand...
No.

In order to re-sell the lower without going through a Class III dealer, would I need to send a letter to the ATF saying I no longer have the short barreled upper (or build a pistol lower for it) to take it out of the registry?
Click to expand...
All you have to do is separate the short barreled upper from the lower and you can sell each separately. The upper by itself is not a firearm, the lower is no longer in SBR configuration.

You cannot build a pistol out of the lower unless it was previously built as a pistol before being built as a rifle. "First a rifle, always a rifle".

ATF would like you to notify them that the firearm is no longer an SBR, but no law or regulation requires you to do so.
 
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