I read through quite a bit in preparation to E-file a new form 1 but have a couple brief questions.
Upper length-- In the block to place the length of the upper, can you go shorter without re-filing? For example, if I put 11.5" on the form, can I put a 10.5" on without issue? I figure you can always go longer, but wanted to check about shorter and whether I should just put the shortest length just in case.
Also, generic OAL question…anyone know the approximate OAL for an 11.5" upper
Once you have the stamp for that lower, you can put any length upper on it that you want. If it’s your desire, you can notify ATF of the change by sending them a letter. The only implication is that you have to retain the parts necessary to return the rifle to its registered configuration.
I’ve sent in SBR form 1’s with OAL measured stock open and stock closed. My 11.5 measures about 28 inches closed and 31 inches open. I think measuring with the stock extended is the more usual method.
I hear this echoed across the internet, but I’ve yet to see convincing proof. The ATF recommends you let them know if you make a permanent change, but there is no law that requires you to do so, much less a requirement to keep spare parts around.
No requirement to keep original upper. Once you build it to the initial specs, it may be configured into whatever caliber and barrel length you prefer.
It will obviously depend on exact stock you use, and it should be measured fully extended. However, a decent estimate is barrel length + 19".
Check out the ATF NFA FAQs page. Lots of stuff there. The requirement to notify is if you make a permanent change. Until someone defines what that means, its irrelevant. No one cares about these numbers. It simply part of the check the box formality.
To clarify. There’s is no requirement to notify of a permanent change. (Also, as you noted, the definition of “permanent” in regards to the modular AR platform leaves a lot to be desired). The ATF uses the word recommends when this is discussed on their SBR & SBS FAQ page.
For example:
Q: If I remove the short barrel from the registered SBR or SBS, is the receiver still subject to NFA transfer and possession regulations?
A: If the possessor retains control over the barrel or other parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law.
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.
Q: May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?
A: Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.
Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.
The ATF recommends a whole lot of things it can’t legally require. A lot of that is they are legally required to keep the NFA records as accurate as possible…so they’re required to ask for notification, but there’s no statute that requires you to provide the info.
I’ll take a guess…the Form 1 actually says “shall notify”, which is a lot closer to requires than recommends:
Change of Description or Address: The registrant shall notify the NFA Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearms in item 4, or any change to the address of the registrant.
However…the form is not the law. They can put whatever they want to on the form, but there’s nothing in the statutes to back it up.
The way that snippet from the form was explained to me is it’s really a poorly worded explanation of the fact that notification must be made in writing. Not that it has to be made, but if it is made, it has to be in writing (no phone call).
Which goes right along with the explanation I was given that it simply means any notification must be in writing, not that the notification itself is required.