Just curious: If I was to SBR a 10/22 legally, stamp and all, then move to a state that didn't allow them, so I change the barrel out on it to a factory carbine barrel... it would still be registered as a SBR, but it would not be one by definition. Would I have to notify ATF of anything other than that I'd moved?
That is, I don't have a rifle with a short barrel in one of those places, just one that can legally have a short barrel put on it if I'm in a place that doesn't prohibit it...I'm wondering if this would require a new tax stamp to "re-SBR" it. I'd think not, but the hypothetical struck me as interesting. I'm just wondering if it would have to come off the registry as well as be made "factory-length", or if the latter is all that's necessary to comply with the laws.
Thanks all!
Blessings,
Bill
The nice thing about an SBR is that it is a configuration, not necessarily just a registration. When you Form 1 an SBR, the lower is basically ALLOWED to be assembled into an SBR, but it IS NOT actually an SBR until you assemble it into a complete rifle with a <16" upper on it. You can remove the upper and put a 16"> upper on it, and it is temporarily restored to Title I configuration and therefore permitted in a state that doesn't allow SBR's and can be transported across state lines without ATF approval. (If you dispose of the short upper or leave it at home)
In the OP's situation, if I was moving to a non-SBR state, I would sell off the upper receiver and take the lower with me as just a complete lower or if I had a longer barrel, as a 16"+ barreled complete rifle. I would NOT notify the ATF, because that would cause the registry to be amended and I would "lose" my tax stamp. That way, if I ever moved back to an SBR state, I could just acquire a new short upper and be good to go with my SBR again.
BoR,
You could do as you proposed, and you would NOT have to notify ATF that you moved, because you aren't moving an SBR. If you ever moved back to an SBR-friendly state, you could just notify ATF of the move from your original state to the new SBR state, and once approval was received, put a short barrel back on the rifle, no new tax stamp required.
Finally, for technical clarification, no NFA firearm is EVER removed from the registry. If you notified ATF that the firearm was reverted back to Title I status, they would simply AMEND the registry entry to note this. The serial # would still show up in the registry, and a new tax stamp would be required to convert it back to Title II once the registry was amended.
This does not sound right at all. Once you register SBR, it is an SBR even if you put on a 16" barrel. It IS a registration, and not just a configuration. You must still notify the ATF, and you should definitely send a letter politely asking to remove it from the registry. When in doubt, contact a lawyer, because none of us on here can give you the exact answer. Even the BATFE reverses their own decisions....
To condense my post: Simply adding a 16" barrel to an SBR firearm, does not make it a Title 1 weapon again.
This does not sound right at all. Once you register SBR, it is an SBR even if you put on a 16" barrel. It IS a registration, and not just a configuration. You must still notify the ATF, and you should definitely send a letter politely asking to remove it from the registry. When in doubt, contact a lawyer, because none of us on here can give you the exact answer. Even the BATFE reverses their own decisions....
To condense my post: Simply adding a 16" barrel to an SBR firearm, does not make it a Title 1 weapon again.