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SBR tax stamp ? |
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Posted: March/28/2017 at 10:32 |
Ok this is frustrating . So let's say I wanna convert a current AR -15 over to 300 blackout with a10.5 barrel . I would need to get tax stamp or if I don't have a buttstock I'm within my legal limits ? I've read so much on forums I don't know what to think . These laws are useless and seemed to be aimed at criminals . With us law abiding folk paying the price . If that horse hasn't been beat to death . Anyways , I was excited to start this process and now it's on hold till I find out the legality of this . SBRs are legal in may state .
Edited by Greenhorn#1 - March/28/2017 at 14:26 |
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mike650
Optics God Joined: May/14/2006 Location: West of Rockies Status: Offline Points: 14569 |
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Try living in Kalifornia.
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“A hunt based only on trophies taken falls far short of what the ultimate goal should be.” – Fred Bear
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Couldnt even imagine it . Your rights are constantly under attack . We have a swath of city people retiring here and bringing with them their votes . They are better educated and enlightened then us lol . They can keep the cities . |
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Rancid Coolaid
MODERATOR Joined: January/19/2005 Location: United States Status: Offline Points: 9318 |
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Okay, so... first the disclaimer: I am not a lawyer, this information is "best of my knowledge" and you can't sue me if I get something wrong, in part or in full.
Now... 1. If you have a rifle that was manufactured as a rifle, you cannot simply swap the buffer tube and call it a pistol. Well, you can, but if BATFE gets involved, you'll lose. 2. To have a pistol lower, it has to have begun its life as a pistol lower. Same with a rifle. 3. If you wish to convert anything to SBR, it requires a stamp. 4. If you have a pistol AR with a "brace" like the sig brace, you are legally good, unless you shoulder the brace like a rifle stock. Again, BATFE sees it or it is documented, you could have issues. 5. I have seen in person and in youtube videos individuals using various braces as shoulder stocks and they have not, then and there at least, been arrested and flogged. 6. You can do a form1 or a form4 to accomplish what you want. If you go form4 and someone else etches it as an SBR, they keep the lower the whole time. On form1, I'm not sure where the lower stays. 7. Wait time for my last was 8 months, I got it in December, it might be a year now. |
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Freedom is something you take.
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BeltFed
Optics Retard Joined: February/12/2008 Location: Ky Status: Offline Points: 22284 |
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+1 what RC said.
Best to find a Special Other Tax (SOT) FFL dealer, or manufacturer who can answer your questions. You can also call your local ATF office and ask them. When something comes with a chance of a $10,000 fine and/or 10 years in club Fed, you want all the eyes dotted and all the teas crossed. |
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Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Steelbenz
Optics Jedi Knight ROLL TIDE ROLL Joined: January/03/2006 Location: Heart of Dixie Status: Offline Points: 5153 |
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I just finished doing this and RC is dead on the money. If the lower has ever had a rifle upper attached to it with documentation, it's a rifle by ATF classification. If you remove the stock, it a rifle without a stock. I SBR'ed a pistol lower attaching a stock after I got my tax stamp back from the ATF. By BATFE standards my lower is and will always be a rifle lower. I can't change the buffer tube a say it's a pistol again. They don't work that way. As for the Sig Brace, I had one, with the second OPINION letter from some unelected bureaucrat calling into question it's legality I decided the 200 dollars for a tax stamp is not worth the aggravation or the money it would cost to be the test case. I signed the petition to repeal the NFA. It BS, only the law abiding follows law. Gang members don't give a rip. End of Rant!
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"Don't argue with a fool! From a distance you can't really tell who's who!"
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Thank you everyone . This sucks and just got more expensive.
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supertool73
Optics God Superstool Joined: January/03/2008 Status: Offline Points: 11814 |
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Just buy a new lower that has never had a stock attached to it and you can make it into a pistol and keep it that way til you get your stamp on a form 1. You just can't make it to the pistol if it has been in a rifle config.
It is amazing to me how many folks openly admit on facebook and forums that they use the braces as shoulder stocks. If a guy is going to do it out in the woods so be it. But don't advertise it all over the place under your real name. I did the pistol for a while during my 8 month wait. Shot it a couple times and didn't care for it at all. After that it just sat in my safe with my two short barreled uppers waiting for my two sbr form 1s to be completed. On the form one, you can keep a hold of the lower during the wait. You fill out the form and put the serial number and model number, caliber and length of barrel and length of firearms on the form. Then before you get your stamp you need to have it engraved with your name (or trust name) and city, state, you live in. ( I would get a trust made up, you can have a lawyer do it for $100. Totally worth it, then family members can legally have them in their possession if they are on the trust) This is totally my opinion after doing this. Make sure you know why you want the sbr. They are not as great as they sound. First they are way louder than 16"+ counterparts, I mean way louder. My .223 even with the suppressor you need hearing protection. My 8" 300 blk with a 9" suppressor I was shocked at how loud it was. You don't need hearing protection, but it was way louder than I thought it would be. Second you loose a ton of velocity (which depending upon your needs and the caliber may be a problem), and third the muzzle flash is huge vs the longer barrels. I bought them because I intend and do use a sound suppressor on them all the time and I wanted them to be about the length of a regular carbine. Knowing what I know now and knowing my needs, I would not do it if if were not for my suppressors. No way in heck. Obviously others have their reasons which may be much different than mine. |
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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I appreciate all the wisdom . Going do more research . My whole goal with this rifle was to more or less train and not break sound barrier . I could still accomplish that with longer barrel . So that maybe my better route for now . Just wanted both short barrel and a hoping one day I could buy a can . However , I will have that stupid stamp lol . Back at square one . Here comes a new lower .
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J
TEAM SWFA - Admin Joined: December/08/2015 Status: Offline Points: 4 |
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When you take possession of the new lower, ensure they list it as "other" on the 4473. It isn't technically a pistol or a rifle yet. If they list it as "rifle" you can run in to the same issues.
Then, you make it into a pistol when you build it (assuming you want a pistol while you wait for your stamp). Be careful... Stamp collecting is very addictive. |
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Thank you sir . Good advice . NFA stamp collector in the future lol . |
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Rancid Coolaid
MODERATOR Joined: January/19/2005 Location: United States Status: Offline Points: 9318 |
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A 300 in 16" is about as quiet as you'll get, that is the route I would take it considering getting into it. You can play with subs and the supers - though more expenseive than 223, hit harder inside a hundred yards or so than anything but the biggest 223 rounds - making several assumptions.
As for SBR utility, they are great for room clearing and maneuvering around tight spaces; if you have no need of that, you probably don't need an SBR. Additionally, the shorter barrel takes velocity off what would be an overpenetraring round. And, best of all: every shot in a confined space (without a can) is a flashbang, which is great so long as you have hearing protection and that other guy doesn't. |
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Freedom is something you take.
Respect is something you earn. Equality is something you whine about not being given. |
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Steelbenz
Optics Jedi Knight ROLL TIDE ROLL Joined: January/03/2006 Location: Heart of Dixie Status: Offline Points: 5153 |
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"Don't argue with a fool! From a distance you can't really tell who's who!"
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Think you just summed it up quite nicely . Was thinking of using SBR as trainer and home defense but it could potentially take my senses away it's not best . So I will start with 16 inch barrel and experiment. Thank you guys for saving money and costing me money all at the same time 😂 |
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BeltFed
Optics Retard Joined: February/12/2008 Location: Ky Status: Offline Points: 22284 |
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You might try this web site. they have a legal section, and the guy knows his stuff. I have seen a few comments here that may not be factual, especially after the rules change that were recently enacted by the ATF&E.
http://www.subguns.com/ |
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Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Greenhorn#1
Optics Apprentice Joined: May/14/2016 Location: Delaware Status: Offline Points: 142 |
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Thank u
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Rancid Coolaid
MODERATOR Joined: January/19/2005 Location: United States Status: Offline Points: 9318 |
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Beltfed, if any of mine were off the mark, please correct! I don't want to spread bad info.
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Freedom is something you take.
Respect is something you earn. Equality is something you whine about not being given. |
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BeltFed
Optics Retard Joined: February/12/2008 Location: Ky Status: Offline Points: 22284 |
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I'm not saying anybody is wrong, but there has been a big rules change concerning transfers with the ATF with in the last year. Asking about the rules on a forum may not get you the correct information you need, so it's best to get your information from a reliable source. In fact I'm going have to ask my FFL holder and attorney about the rule changes about a few things myself. At one time he could import and deal in anything but nuclear devices, and he has beat the ATF in the Supreme Court on a related issue, so I trust his advice.
It is my understanding (remember, I am not an attorney, FFL dealer, manufacturer, or ATF agent) that a receiver is recorded as a pistol OR a long gun, and are NOT interchangeable. YOU can do a form 1 on the receiver of either and change it into a SBR. I think you can poses the parts and receiver, but you can't assemble them until your form 1 is returned by the ATF with the stamp. A form 4 is for a transfer, so if someone else manufacturers a SBR on either a Form 1, or a Manufacturers' license, a form 4 is needed for the transfer along with the tax stamp. The SBR stays with the form 1 holder or licensed manufacturer until the form 4 and tax stamp are returned by the ATF. It is also my understanding that if you do a trust, everyone in the trust must be listed on the trust, and must be finger printed, photographed, and submitted for background investigation, but I'm not certain about the investigation. |
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Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Steelbenz
Optics Jedi Knight ROLL TIDE ROLL Joined: January/03/2006 Location: Heart of Dixie Status: Offline Points: 5153 |
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RC, what BeltFed is referring to is the pistol SBR'ed to a rifle post. The argument that went before the Supreme Court was about a TC pistol conversion kit, the ATF lost that case. My statement is an AR lower that has been paper worked as a rifle or SBR, once done so will always be a rifle or SBR. The serial number is now registered with the BATFE as a SBR. I can't change it back into a pistol configuration and sell it as a pistol or put a 16+ inch barrel on it and sell it as a rifle.
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"Don't argue with a fool! From a distance you can't really tell who's who!"
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Rancid Coolaid
MODERATOR Joined: January/19/2005 Location: United States Status: Offline Points: 9318 |
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The documentation part on trust is correct, all go through what was previously reserved for the individual transfers.
I do all my SBRs as form4s, and the class3 dealer hold the lower till the stamp comes through. Thanks for the clarifications. |
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Freedom is something you take.
Respect is something you earn. Equality is something you whine about not being given. |
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