A friend is moving to a non NFA state and needs to notify BATF, however…if he takes the SBR upper off, sells it, then replaces with a 16 inch upper, is notification still required since the weapon is no longer an SBR, but registered at the former address? The lower is a factory registered SBR.
Thanks in advance.
per the letter of the law, as I read and understand it, as soon as you get rid of the short upper and put a 16" upper on it the lower is now not considered an NFA lower any longer, however its a good idea to write a letter to NFA branch telling them to remove it from the registry.
There are quite a few threads on this down in the NFA section and over on Silencertalk.
I will ask this though, how close will he be to a “free” state? He could always lock the lower up in a safe deposit box in a bank in the free state so he could still go play with it on occasion.
Or since its a Form 4 SBR, why not sell the whole thing to an in-state individual?
Notification is not required.
I would recommend against having SBR status removed. He may move back to free state and getting NFA may be a lot harder.
This is the way I would go as well. If the new state changes their laws, or if he returns to a free state, he can just put a SBR upper back on and be good to go. Far easier than reapplying and paying for a new stamp.
Yep and perhaps he could buy a pistol lower (and put the sig “arm brace” on it if so inclined)…
The state is MI, but will still retain and rent his current residence, with hopes of one day returning for retirement, then returning the weapon back to an sbr.
I figured it was not required but had a little doubt, with the weapon registered to a specific address, and with more and more effed up laws being passed daily. Good info and will pass it along.
Good info, and will also pass it along. Thanks.
If he can leave it in a safe deposit box and maybe do a pistol lower in the mean time I have heard STRONG rumors that MI may get SBR’s during the 2014 legislative session.
My safe deposit box(I dont use it for NFA toys, but I COULD) is like an 8x4x16 or something like that was $40 a year.
He could also, depending on how close to boarders he is going to be, get a safe deposit box in Indiana or Ohio, which is legal according to ATF(guys in California have out of state safe deposit boxes all the time in Nevada and Arizona).
That or if he has family or friends he trusts he could put the lower in a small safe in their house that only he has access to. That is also legal.
I would attempt at all costs to NOT remove the lower from the registry as there is no guarantee in the future of being able to get it back in.
I refuse to follow any law that I don’t believe is constitutional and violates my rights. If your not willing to do that, then part with the weapon or move somewhere else, that’s about all you can do I’d
imagine.
I would say that you just piqued the interest of every ATF agent who browses this forum.
My suggestion would be for the OP to have his friend leave the receiver in a safety deposit box in a free state as long as the state he is moving to allows AR Pistols. No sense in not just building a pistol and saving the SBR for visits back to the free state.
Logistics of this might be difficult in which case the friend should transfer the SBR before he leaves the state.
This has been asked and discussed numerous times and I have personally posted information directly from the BATFE website multiple times. Pass this on to him and tell him to make his own decision.
http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html#receiver-sale
He should find a way to hold on to it. The legalization of SBRs has passed one of the houses and will probably pass the other. Whether Gov. Snyder will sign it is another question. He has bowed to anti-gun sentiment before.
Might want to organize a group to apply pressure to change the wording in that bill to ADD a “shall issue” function & job to the state police to handle NFA CLEO sign offs… With 41p we’ll likely need to do this in as many states as possible…
Will do IG, thanks.
http://www.legislature.mi.gov/(S(rwsl4erkt10itjysndczbrmf))/mileg.aspx?page=getObject&objectName=2013-SB-0610
With everything that I’ve heard, this bill will probably pass. I see no reason Snyder wouldn’t sign it.
But then again he vetoed extending CPL rights.