Could I register my Bushmaster AR as a SBR and have an upper in 10.5" and still use my standard 16" upper? I had some one tell me that, by law you couldn't swap them out.
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SBR question...
- Thread starter jeff8600
- Start date
Im pretty sure that's ok. You can't put a 10.5 on a non NFA rifle lower though....obviously. I personally wouldn't have a 10.5 laying around without an NFA stamp.
"Someone" did not know what they were talking about. You can put any upper on it you want. You just have to have an original SBR configuration measurement such as the 10.5" for the NFA paperwork.
Theres big argument on this issue. Honestly, I don't want to test it out. I do know that you're suppose to notify NFA of changes of barrel length if you're planning to make it permanent. You can use other specs without notifying them, they just want the final input. If you're not going to sell it EVER, I wouldn't bother contacting NFA about the changes, just use any specs you like. If you're planning to sell it, I'd notify them of the changes so when the form4 is made, it would match with the information they have in their registry. Alot of people read the NFA FAQ and see that the ATF says its "ok" to switch from short upper to 16" and back without being violation and they take that answer as "Oh you can use any upper you want on as long as you got an approved stamp for SBR". I've never contacted NFA about this issue and I don't think anyone else has, they just go back what they read on the internet. I don't know how form 20 would play out when you submit for a SBR with 11.5" when your stamp says 10.3" unless people just lie and put the original stamp information and just bring whatever upper they want with them on vacation.
You can put the 16" upper on a SBR at anytime and be legal, as long as you can take the rifle back to the SBR state as indicated on the NFA Form if required to do so. If you wish to make the changes permanent, as to sell the Riflee as non SBR you must notify the BATFE in writing and wait for a response. Just because the rifle has been swapped to a 16" barrel does not mean that the lower is no longer SBR.
Got it, If I were to fill out the paper work for the SBR it would be mine and not go any where. I just wanted to be sure that it would be fine to put the 16" back on it even though it was a SBR receiver.
This is actually pretty simple, and all you have to do is read the rules.
1. You can put whatever upper you want on it. It does not matter once have you the stamp. The application is to MAKE the SBR.
2. The ATF requests notification of a permanent change, but it is NOT required.
3. And if you want to sell it as a non-SBR, once again you do not have to notify them, but it is requested.
Pasted below from the ATF rules.
Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.
Q: Is it necessary to send notification to ATF and receive acknowledgement that the SBR or SBS has been removed from the purview of the NFA before it may be sold as a GCA firearm?
There is no requirement for the possessor of a registered NFA firearm to notify ATF that the firearm has been removed from the purview of the NFA. However, ATF recommends the possessor notify the NFA Branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime. If, at the time of transfer, the firearm does not meet the definition of a SBR, it should be transferred without filing the NFA transfer application and without payment of the transfer tax.
1. You can put whatever upper you want on it. It does not matter once have you the stamp. The application is to MAKE the SBR.
2. The ATF requests notification of a permanent change, but it is NOT required.
3. And if you want to sell it as a non-SBR, once again you do not have to notify them, but it is requested.
Pasted below from the ATF rules.
Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.
Q: Is it necessary to send notification to ATF and receive acknowledgement that the SBR or SBS has been removed from the purview of the NFA before it may be sold as a GCA firearm?
There is no requirement for the possessor of a registered NFA firearm to notify ATF that the firearm has been removed from the purview of the NFA. However, ATF recommends the possessor notify the NFA Branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime. If, at the time of transfer, the firearm does not meet the definition of a SBR, it should be transferred without filing the NFA transfer application and without payment of the transfer tax.
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Those rules sure do make it easy when you read them don't they?
Yep especially when so much misinformation is given. Not that I have not been guilty a time or two, but I at least try and verify.
And I want to add just one other thing for purely selfish reasons. Please do not send unnecessary requests to the ATF, at least while I have stamps pending. I want them concentrating on getting my stamp through some time before Christmas of this year...
