SBR Form 1 question

[glockman22]

Been thinking of doing an sbr conversion to my A-15. I know you have to file a form 1, where does one obtain this form 1, and what are the rest of the steps, Do I get MY lower stamped SBR or do I get a new lower. Need some input please. If any one has gone through this please post your experiance and if its worth the headache if there is one.

 

[GJ1981]

There are some stickies in the NFA section here worth reading.

I used this form and I am at least pending now
http://webpages.charter.net/mcfooter/Form1-RevSept07.pdf

Walk through

http://www.czechpoint-usa.com/files/files/form-1-instructions.pdf


You can use your lower or buy a new, it is your choice. What you have to engrave depends on which route you take. The steps will change on whether you go individual or trust. It's not a difficult process, just dot your i's and cross your t's

 

[glockman22]

dont laugh at me too hard, but what do you mean by individual or trust.

 

[GJ1981]

I won't laugh because I'm a NFA noob too, so I'll try and explain without butchering it.

You have two choices with NFA items, individual and trust which is simply who is making the application.

The trust involves setting up the trust to put the weapon in. I honestly don't know much about it so hopefully someone smarter than me will post. Overall the trust would be your choice if your local police chief wouldn't sign off on your form. The advantages to this route is you do not need the signature, finger print cards, and ??

The individual saves the $ from setting up the trust but you will have to obtain the signature, and included all of the other requirements.

I've heard the trust route can be faster but I can not back that claim up.

 

[CountryBoy19]

Ok, so individual is the traditional method of application but trusts and corporations have always been allowed to own/possess NFA items.

Basically it is just as it sounds, either you, as an individual, apply for and own the item, or a trust or corporation of which you're a trustee or officer, respectively, owns the items.

Some advantages of both.

Trust/Corp
1) Multiple people can be in legal possession of the items. For instance, on my trust I have my fiance, my brother, and my father as co-trustees (with me), which allows them to legally possess the items held within the trust, without my presence being necessary.
2) A way to get around the fingerprint card/CLEO sign-off if yours will not sign the forms allowing you to get these items. Because a trust can't "have a record" or cause concern for owning these items as it isn't a person, the CLEO can't approve or disapprove it. So as of right now you don't have to get the CLEO signature with a trust or corp (although I've heard internet rumor that ATF officials have discussed changing this).

Individual
1) You own the item, there is no legal question to that regarding the validity of a trust etc (if you would've chosen to go that way). This normally isn't a problem, but if you go cheap on your trust, it may not be valid and someday somebody may catch it and you find yourself in hot water. You don't really have to worry so much about this if you file as an individual.
2) Free (relatively) because you don't have to pay for a trust (you still have to pay for the tax stamps).
3) Your NFA toys can be passed to your heirs via a tax-free form 5 when you pass on (w/ a trust I have heard both that they can be done this way, and that they can't be done this way when the grantor/settlor of the trust passes).

Thats all I have off the top of my head, I'm sure there are more. If I think of anymore advantages I'll add them later.

If you have any questions regarding trusts I have a trust specifically written for possession of NFA items. I got my trust from David Goldman (guntrustlawyer.com) and I am very happy with it. I'd be happy to answer any questions you might have.

 

[JosephR]

An individual or a corporation (legal entity) may "manufacture a firearm".

RLTs fall under legal entities.

Regardless of how you go, the maker has to engrave their name and city/state on the firearm.

-You don't have to pay for a trust.

-You can name your successors in the trust.

-You do not need the CLEO signoff, fingerprint cards or photograph with a Trust.

Question- how would the ATF make a "Trust" go to get a CLEO? At most, I would think the green citizenship card for you as the person taking possession of the item would suffice. My first dealer did this to be on the safe side- he didn't know me from Adam.

 

[LS2Notch]

This may be a stupid question but if you are applying in the name of a trust do you check the (corporation or other buisness entity) box?

 

[JosephR]

Yes, its a business or legal entity.

 

[LS2Notch]

Yes, its a business or legal entity.

Thanks wasn't really sure on that. Now I need to get my paperwork sent off.