Is it better to purchase a SBR lower or register my existing non-sbr lower as a SBR? Currently my lgs charges $75 for class 3 transfers on top of the price of the lower plus a $200 tax stamp.
Well Form 4s are taking around 10-months and Form 1s 2-months, right now, in my experience. E-filing is easy now. I would and have gone the Form 1 route.
Can I form-1 an existing complete lower registered as a rifle? And will i be saving versus purchasing a factory sbr?
I assume you are referring to an AR-15 rifle/lower, which is the serialized part. If so, sure.
If you already have, for example, a 16" AR-15 and would like to make an SBR w/o purchasing an additional lower, you can register using the lower as as the rifle and put in whichever barrel length you will be manufacturing, and while waiting, continue using as a non-NFA weapon. Individuals do this w/AR-15 pistols w/brace all the time.
When your stamp is approved and in your possession, engrave the lower with your info (as an individual or your trust info). Once that is complete, and NOT before, then you may add the SBR length upper and all NFA rules apply. With regard to AR pistols, the brace stays on until the stamp is in your possession AND the lower is engraved. Then the brace case be swabbed for a stock.
You can engrave your info whenever you wish, but I usually prefer to wait until the approval comes in.
So when it comes to storage. Can I just store the lower in a small safe and leave the upper out?
Yes. However, if you leave the SBR/Pistol upper out, and lock up your NFA lower, just make sure there are no empty lowers around. If you lock up your NFA lower for the purpose of not “leaving an unsecured NFA out”, but are leaving the pistol upper and “available” lower receivers around, there is a ultra small chance of <constructive intent>, just for wasting their time. (I know, I know. It’s for peace of mind)
If you filed as an individual (ie not as a trust) and reside with loved ones or roommates and they have access to where you usually keep your “bedside NFA rifle”, yes securing the SBR lower, when you are out, would be safest. It’s far less trouble to replace the SBR/Pistol length upper (with regard to paperwork) than replacing the NFA lower. Although, at that point, I’d probably secure the whole rifle, if possible.
If you were not worried about simple theft, but worried about visits from law enforcement and unsecured NFA weapons due to others in your domicile, you could simply lock up the SBR/Pistol upper and stick the 16" upper on. That way it is still useable in a pinch.
First of all, there is no such thing as an SBR lower. A short barreled RIFLE has to be a rifle with a short barrel.
So your options are to buy a complete rifle or make your own SBR.
If you go F1 definitely:
Start with a decent quality lower.
Build as a pistol and function check it first.
Then get engraving done. No you shouldn’t take it to your local trophy shop.
After you get it back from engraving, double check the spelling and everything is correct.
Then submit your F1.
I’d prefer to buy a factory SBR since they don’t need to be engraved. Having your name or your trust’s name engraved into the lower seems ridiculous to me.
This…100% this…all of it.
MikeN
Thanks for clarifying. That was one of my deciding factors. So no need to engrave name/city/state as long as its purchase as an SBR registered lower? I disnt want to aethically ruin my lower.
This. You are gonna pay $200 either way and on top of that you have a better guarantee that gas ports and buffer systems will be correctly spec’d and on top of that you have a manufacturer warranty.
Depends on how fast you want it. I personally just form 1 my lowers. I’ve never waited more than 3 weeks for e-forms to get approved YMMV. I also like to personally inspect and make sure the lowers are perfect before starting that process. Engraving is a non issue as with laser engravers, it can be done so small as to not even be noticed.
Depends on your interpretation and the examiners interpretation. No one cares about engraving really unless you’re doing a F1 Suppressor (for example) where you’re the original manufacturer, and there’s no original serial number.
For an existing AR lower, engraving is really just theater… like concussion protocol where people create bull crap to pretend to take something seriously. I have seen forms come back where they (ATF examiner) wants engraving, but mine have the additional markings field blank.
Are you referring to section “h” on the form 1?
I don’t know off hand. Maybe. I haven’t looked at my docs in a long time.
I’ve only done Form 1’s because I don’t like the idea of my gun sitting in a store for the better part of a year before I can take it home. The engraving to me is a non-issue. I don’t care if you can see it or not.
This! A factory SBR is kind of nice, but F1 on an exsiting gun means you at least have it in your possession.
It’s more complex than that. Maybe “SBR” is not the right label, perhaps “form-1” is ?
The serial # is on the lower. Using that tax-stamp lower for various configurations requires amending tax stamp. Is there a way to form-1 it so that the stamp covers any/all “SBR’s” ?
No it does not. You can put any length barreled upper you want to on an SBR’d lower. You simply must maintain the ability to return it to its registered form. You don’t have to amend anything and there is zero provision to do such.
First, I was saying you cannot buy just an SBR lower from a dealer. An SBR is a RIFLE with a BARREL under 16”, not a lower that was registered.
Second, the guy who wrote that article doesn’t know what he is talking about. If you paid the tax on your SBR you can change whatever you want and tell nobody. It is illegal to possess an SBR without the tax, if you change the caliber you still possess an SBR that has paid the tax. Nothing in the law requires you to update any length or caliber change.