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5pins
18 September 2011, 10:03
I read somewhere that a person can unregister an SPR and make it a standard rifle. The reason I ask is I would like to build an SBR AR now that I live in a state that allows them. However I don’t know if I will stay here and if I needed to move I would rather not have to go through the hassle of trying to sell it.

Rodman24
18 September 2011, 11:21
I read somewhere that a person can unregister an SPR and make it a standard rifle. The reason I ask is I would like to build an SBR AR now that I live in a state that allows them. However I don’t know if I will stay here and if I needed to move I would rather not have to go through the hassle of trying to sell it.

Yes. You can return the Lower to a non-NFA item. I'm not certain of the process, but once you register your lower and get your stamp/form back from BATFE you'll have contact information of the person who approved your application. You can always call them to find out specifics.

I think I would simply sell the upper or store it somewhere to remain in compliance with the law. Even though you may not intend to return the configuration to an SBR, there's no point in wasting the $200 stamp and waiting period.

Keep in mind that there are other things you will need to know about having an NFA firemarm. For example: Transfer of an SBR from one state to another requires approval by ATF. If you remove the SBR upper and leave it at home, you can add a 16" upper and travel without having to have the ATF approval (subject to local/state laws). You may want to do this if you travel to antoher state for training classes, hunting, etc. The firearm is only considered an SBR if the SBR upper is with it (attached or not).

Here's the ATF National Firearms Act Handbook (http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdf). You should review this thoroughly.

Additional information:
Form 5320.20 is the form that you complete for interstate travel.
If you change the length of the barrel (10.5 to 12.5 for example), you need to send a written letter with all pertinent information of your SBR approval form (Form 1 if you built the SBR or Form 4 if it was a transfer from a Manufacturer/Dealer)

5pins
18 September 2011, 11:37
Thanks. Looks like I have a new project coming up.

JasonM
19 September 2011, 12:54
Simply placing a non-nfa upper on the gun and getting rid of all the parts needed to convert it back to an SBR will remove it from the requirements of the NFA.

If you do this, you should send a letter to that effect to the ATF so the record can be kept by them.

Rodman- letters describing a change in config only need to be sent to the ATF if that change is "permanent". Switching an upper on an AR, or changing out a barrel is not considered to be permanent.

Rodman24
19 September 2011, 15:23
Simply placing a non-nfa upper on the gun and getting rid of all the parts needed to convert it back to an SBR will remove it from the requirements of the NFA.

If you do this, you should send a letter to that effect to the ATF so the record can be kept by them.

Rodman- letters describing a change in config only need to be sent to the ATF if that change is "permanent". Switching an upper on an AR, or changing out a barrel is not considered to be permanent.

Right. I wasn't very clear about that. Thanks.

Ryo
28 September 2011, 23:33
I remember talking to a ATF agent about even if you strip a SBR lower and selling it, you would be in violation of selling a NFA item.. Though we never talked about SBR to nonNFA item by sending a letter. I would definitely write to the ATF and get a clear answer rather than asking around. It's better to get a letter to confirm what you can do since ignorance is not a defense. IMHO

todd.k
29 September 2011, 09:26
Simply remove the short barrel or entire upper, sell it, and you no longer have an SBR.
http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#removal-from-nfa

Also you could leave the SBR in the state where it is legal, if it is secured so nobody else can access it.
http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#alternate-storage

Ryo
29 September 2011, 11:42
Thanks Todd for the info. That's interesting since that contradicts what the ATF inspector had told me even if I strip a NFA SBR AR to an stripped lower, it would be still consider a NFA item and had to sold as one.
Guess it could be another case of an ATF agent being uninformed about the rules..