For those in the military who own an SBR or even those who just know the answer…
I’m considering getting a gun trust so I can have a rifle cut down. I assume that the trust would be established in my home of record, correct? Being in the military how is this affected by my not living in that state and moving to different posts? Is it only an issue if I move to a state where they’re illegal?
Thanks.
im currently serving and my trust is registered in the state that i currently reside not my home of record (new york frowns on sbr’s). As far as the legalities of moving to another state it shouldnt be a problem unless that state doesnt allow those weapons period. Theres paperwork to be done with the atf for transfering the weapons out of state. Im sure someone more intelligent on this process will be along shortly to give you a definitive answer on that.
My home of record is Louisiana and I had my trust drawn up for NC. As far as I know my trust is good for multiple states. As long as they are legal in the state you reside should be good to go, just have to notfy NFA guys when moving to different state.
Are you talking about keeping the SBR with you while on active duty?
If so, which branch are you referring to?
This thread speaks to me as I’ll be PCS’ing from OCONUS to NC in about a month, I’d like to set up getting at least one of my carbines as a SBR and also pick up a suppressor. Like to hear the legit rules on moving with NFA items.
Yes. Army. No I don’t want to keep it in the arms room where I’ll never be able to get access to it to shoot when I want to.
You are absolutely correct, while you can keep it in the arms room you will not have much access to it.
It would almost be like not having it at all.
In which case you would have to follow the rules of the state you are residing in assuming you have off post housing.
So how much of a PITA is it for us uninitiated to the SBR/Supressor world is it to move/PCS once you have everything set up in any state you might be stationed in, assuming NFA items are legit.
as easy as filing the correct paperwork with the atf and moving.
Well that doesn’t sound too hard at all. Do I have to wait until my paperwork is approved before I move or what?
Thats uncharted territory for me man. I would assume yes you would have to wait for the approved paperwork. However i can tell you that i personally would submit paperwork and if it wasnt back in time well…
The SBR can be taken to any state of the union where it is legal, provided you fill out an ATF Interstate Transport Form for the duration of your travel away from your home address. This document must be approved before you move your gun.
Should you find yourself having to travel to a state where it is not allowed, you must leave the gun at home or rent a safe deposit box at a bank in your home state.
I highly suggest not keeping a firearm in a military base armory.
Home of record is a military term used for pay/travel/PCS purposes. It is not a term relevant to trusts.
Trusts look at residence and domicile. One may have many residences but only one domicile. The Servicemember’s Civil Relief Act allows one to move to new states/duty stations and not trigger a change of residence or domicile.
Trusts are treated like actual persons. If a person could not do something, a trust could not. In some instances, persons can do things trusts cannot. For example, in Virginia, the former AG said, “It is my opinion that a trust may not register a machine gun pursuant to the Uniform Machine Gun Act as enacted by the Virginia General Assembly.”
As others have noted, once one or one’s trust has NFA items, file the change of address with ATF and make sure you are legal at your destination.
Same problem here. Hopefully I can get an SBR and suppressor when I get back from Hawaii in a couple of years.
Whoa, grab some wood there, bub.
Let me just say it’s a major pain in the rear end, much more than I was expecting. It wouldn’t be so bad if the turn-around was a week or two on the permanent change-of-address, but I’ve PCS’d several times since I got my stamp and it has taken no less than 45 days, even with faxing the form every time (temporary travel approvals have not been any quicker). Yes, you have to wait until the paperwork is approved.
How many military folks know their future address 45 or 50 days out? I’ve never known anyone who did, and I have personally never been able to achieve that. Heck, most times, I don’t even know what post or state I’m headed to 45 days out.
So yeah, there’s A LOT of extra planning that goes into the mix. And it’s a pain. Best of luck to you.
Alternately, you can put a 16 inch upper on your SBR lower, and send your short upper home. Your SBR is now not considered an SBR, and you can take it anywhere a title I AR is legal.
Plan C could be to build an AR pistol lower to store the short upper on, and put a 16 inch upper on your SBR lower. As long is title I ARs are legal in your destination, no ATF notification would be required. Of course, before you could put the SBR back together at your destination (if it’s legal there), you’d have to meet the requirements of notification.
- Should you find yourself having to travel to a state where it is not allowed, you must leave the gun at home or rent a safe deposit box at a bank in your home state.
That’s one way, but certainly not the easiest.
- I highly suggest not keeping a firearm in a military base armory.
Have you had a bad experience with military arms rooms?
[QUOTE=eodinert;1884093]Alternately, you can put a 16 inch upper on your SBR lower, and send your short upper home. Your SBR is now not considered an SBR, and you can take it anywhere a title I AR is legal.
Plan C could be to build an AR pistol lower to store the short upper on, and put a 16 inch upper on your SBR lower. As long is title I ARs are legal in your destination, no ATF notification would be required. Of course, before you could put the SBR back together at your destination (if it’s legal there), you’d have to meet the requirements of notification.
QUOTE]
I’m sorry but that is not accurate, your registered lower is still an NFA item. Simply swapping the upper doesn’t change its status as a SBR, you have to formally delist the lower with ATF to accomplish that. Of course the practical aspect is who’s going to know its a SBR unless a LEO sees engraving on a Form 1 build or something.
Storage of P.O.Weapons in unit arms rooms sucks to many people finger f $$$ your stuff. Been there… M Ps cracked open my unit arms room while my unit was deployed (91) and "played with and had jammed bolt back on my M3 Super 90 SG they didn’t know how to release it, few P. O. Weapons damaged and destroyed in the unit. Much less every one playing, dropping and slamming in cabinets in the arms rooms during inspections. Some Commands are anti- gun… especially NFA toys. I’ve been through it at 5 Army Post never been good.
A registered SBR lower with an upper having a barrel 16 inches or greater is not an NFA item. It does change the status as an SBR, and you do not have to de-list the lower.
From page 10 of the NFA handbook: “Of all the different firearms defined as NFA weapons, machineguns are the only type where the receiver of the weapon by itself is an NFA firearm”.
http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html
The example is not exactly clear with regard to uppers. I made an inquiry to NFA branch when I wanted to take my SBR to a 3 gun match with a 16 upper. I was told that as long as I was in possession of the SBR upper it was still a SBR for all purposes of the NFA. Again, with a 16" upper who’s going to investigate whether it’s NFA or not. I’m just conveying the technical rule as relayed to me by the NFA branch.