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  1. #1
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    SBR Totally Confused

    I have an opportunity to buy a really nice SBR , however I have no idea how to do this. I know I have to get a stamp for one, and it could take a year or more. So, if I just buy the lower, going through my local gun dealer, and buy the upper in a sperate transaction, and don't mount it on the lower until I get the stamp, is that legal?

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    Don't want to be a prison bitch.
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  2. #2
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    An SBR won't take long depending on how you do it. If it's a pre built one the process is almost exactly like buying a suppressor. It could be a year to get an approval.

    In this scenario you are getting a form 4 approval.

    If you are building one yourself you can put your data in via the website and it takes around 3 weeks. The last time I did one it was right on 3 weeks or so.

    In this case you are getting a form 1 approval.

    The difference between form 4 is that someone else built the gun or suppressor. (IE factory built).

    With a form 1 you are the 'builder' or 'manufacturer'.

  3. #3
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    If the lower is already a registered SBR with the ATF though you can't take it home until you get your form 4 approved. It will have to sit with the dealer or whoever until you get that stamp.

  4. #4
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    Quote Originally Posted by alamo5000 View Post
    If the lower is already a registered SBR with the ATF though you can't take it home until you get your form 4 approved. It will have to sit with the dealer or whoever until you get that stamp.
    Thanks, the owner already has a stamp for it, so it's "assembled" as a SBR. Thanks, that can be a scary thing to mess with, example "prison bitch"...
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  5. #5
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    Quote Originally Posted by FortTom View Post
    Thanks, the owner already has a stamp for it, so it's "assembled" as a SBR. Thanks, that can be a scary thing to mess with, example "prison bitch"...
    The rules are very stupid to say the least.

    A little engraving on the lower changes it from a regular AR into a super regulated 'thing'.

    In any case since it is a pre built one you are looking at a form 4 and all of its wait time before you can take it home.

  6. #6
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    The answer to your question is yes, you can just buy the lower and then buy the upper separately and take it home. This isn't uncommon with machine guns, either, although the draw is usually the lower and not the upper, for obvious reasons.

  7. #7
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    Quote Originally Posted by gatordev View Post
    The answer to your question is yes, you can just buy the lower and then buy the upper separately..., although the draw is usually the lower and not the upper, for obvious reasons.
    Hey GD, not quite sure that I know e exactly what you're saying.... If I understand you, I can buy both? As long as they're not assembled into a SBR? Honestly, this is why I never wanted to get in to all of that NFA stuff, I seriously wanted one suppressed rifle, but didn't want the hassle and constant fear if I took it into the wrong state...blahh..blaahh etc. KY is a Constitutional State now, but none of our neighbors are, so although we have to abide by NFA laws, nobody gives us much crap here anyway, unless you're a known felon or a habitual law breaker, or meth/ dope dealer asshole. Thanks for your input though.

    FT
    Last edited by FortTom; 19 November 2021 at 20:25.
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  8. #8
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    All I'm saying is that the lower is the firearm, so you can set up the transfer for just that and then have the seller give/sell you the upper separately. The Form 4 will have a barrel length on it, but that doesn't mean the upper has to be with it. You might have to pay for two stamps depending on how you set up the transaction, but I'm assuming you're going to go through a FFL to hold the item for you. You may not legally have to do that, but it can be a good idea in case the seller dies/moves/whatever.

    I'll defer to the FFLs here on the intricacies of moving a Form 1 to a Form 4 (or a Form 4 to a Form 4), as I've never understood what happens that's different when something goes to a dealer and then goes on a Form 3.

  9. #9
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    If the firearm is already registered as an SBR, it will have to go to an FFL/SOT (Class III firearms dealer that has paid a Special Occupation Tax in order to hold the license) to await approval. same as with a suppressor. A non-SOT dealer may not hold the firearm for you, as they are not a Class III firearms license holder. If the dealer is agreeable, he might allow you to separate the upper and take it home, but the lower cannot reside anywhere but with a Class III firearms license holder until it's approved.

    Further, if the seller has to ship the firearm to the local dealer, it has to be approved via a Form III transfer, which literally takes days to approve.

    A "Conjugal visit" is a term frequently used to refer to a rural dealer, or co-located at a range that will allow you to at a minimum fingerbang and caress your expensive, incarcerated purchase, or might even allow you to fire it on his premises.

    Now you're up on your NFA terminology, go get it!
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  10. #10
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    Quote Originally Posted by Joelski View Post
    If the firearm is already registered as an SBR, it will have to go to an FFL/SOT (Class III firearms dealer that has paid a Special Occupation Tax in order to hold the license) to await approval. same as with a suppressor. A non-SOT dealer may not hold the firearm for you, as they are not a Class III firearms license holder. If the dealer is agreeable, he might allow you to separate the upper and take it home, but the lower cannot reside anywhere but with a Class III firearms license holder until it's approved.
    I can't speak for KY, but one additional point that I didn't articulate clearly in my previous post... In FL, a Class 3 item transfer is just like a non-NFA item once the transfer (stamp) has been approved, assuming you're both FL citizens. So you don't have to go through a FFL to do the transfer. Of course, that requires a significant amount of trust between the buyer and seller, which is why going through the dealer and paying two stamps can be a better choice.

  11. #11
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    So what sbr is it?

    Unless it’s a rare or gotta have it piece, just build a pistol or form 1 your own lower...easy stuff..

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