How to obtain a SBR/short barreled rifle legally???

Discussion in 'Auto & Semi-Auto Discussion' started by gaspump86, Jul 22, 2012.

  1. gaspump86

    gaspump86 New Member

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    I'm considering getting an Romanian AK-47 draco pistol. I want to put an m4/ar stock on it. I was told this cost $200. I just want to know the proper way to do this legally.
     
  2. gaspump86

    gaspump86 New Member

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    This shows what I want to do. I know that is not a M4 stock.

    IMG_2217.jpg
     

  3. c3shooter

    c3shooter Administrator Staff Member

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    First, you must be at least 21 years old, and not prohibited from owning ordinary firearms.

    Next, check with a Class III dealer in your state to see if SBRs are legal under your STATE law.

    What you are proposing is called "manufacturing a short barreled rifle". You will need to apply to the BATFE for permission to do that. Application form, fingerprints, and a $200 tax payment.

    ONCE you get the approved stamped form back, you can make your SBR. Do not have the components at the same location until you do.

    Whne you get the stamped form, make copies, put the original away someplace safe (safety deposit box kind of safe place) Keep a copy of your form with you when taking gun anywhere. Notify ATF if changing address, or taking weapon into another state.
     
  4. gaspump86

    gaspump86 New Member

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    Wow. Thanks. This sounds as serious as getting a full auto or something.
    Have you heard that you have to engrave your name and location on the reciever?
     
  5. c3shooter

    c3shooter Administrator Staff Member

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    It IS regulated by the same laws and agency as a full auto.

    Yes, you are required to mark the manufactured item- C&P

    - You must mark the newly made NFA firearm with the S/N, Model Name or Number, *your* Name, City, State and the caliber or gauge. If you used the S/N, Model and caliber from the original Title I firearm, then you're already half-way there as far as markings go ...

    - Accepted abbreviations may be used for your name (i.e., your ititials), city & state. Ex: John Q. Public, Anywhere, PA can be marked as JQ Public, ANY PA. Trust names may NOT be abbreviated

    - The S/N must be marked on the receiver or frame, and must be no less than 1/16" in height and no less than 0.003" deep.

    - The remaining information (name, city, state, model and caliber) may be placed EITHER on the receiver OR the barrel, and must be no less than 0.003" deep. There are no minimum height requirements for these markings.

    - All required markings must be in Roman letters (English) and Arabic numerals (1,2,3 ...), and be "wholly unobstructed from plain view". In other words, they may not be placed under handguards, grips, inside mag wells, etc.


    Forgot- for the paperwork, you need a form 1, and a form 5330.30, certifying compliance wit 922. Besides prints, think they now require 2 passport type photos of you.

    See 27 CFR 479.
     
  6. purehavoc

    purehavoc New Member

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    Don't forget. U can either do it as a trust or just in your name which will require that you have your CLEO officer sign off in the paperwork and require being finger printed. Oh and the dreaded 6 month wait is the worst of it all
     
  7. gaspump86

    gaspump86 New Member

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    What do you mean as a trust? Im not familiar.
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    A Trust (noun, not verb) is a legal embodiment. Rather than the item being held and owned in your name, it is owned by the Trust. Doing it that was eliminates the requirement for fingerprints and approval of local Chief LEO. You need an attorney to draw up and file the papers for a trust. Do NOT attempt to use the "on line legal services" for this trust.

    For more info on a Trust- in general terms- http://legal-dictionary.thefreedictionary.com/Trust
     
  9. jg3

    jg3 New Member

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    Is it true that you can also use an LLC instead of a trust...already have one of those for a side business I have...just curious ...I see a silencer in my future...lol
     
  10. Mosin

    Mosin Well-Known Member

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    You cannot have the same components in the same place? So if I took a stock off a rifle and replaced it, and also owned a pistol version of same rifle, I have to relocate the old stock?
     
  11. c3shooter

    c3shooter Administrator Staff Member

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    Mosin- my legal advice sux- could never pass the bar exam (or pass a bar, period)

    In general, what you describe could be defended if challenged. The ATF has held in some cases that having the accumulated parts in one location is possession of the regulated thing. As in- I have a shoulder stock for a 1911A1 pistol (not illegal in itself) AND it is in the cabinet- with a 1911A1 pistol. THAT starts to get dicey. Or I have a 12 inch bbl for a Mossberg 12 g (not illegal in itself) AND I have a Mossberg 12 g. "Constructive" possession.
     
  12. Mosin

    Mosin Well-Known Member

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    Thanks for the advice. So then if say RRA was making full length AR's and pistol AR's, then they need a special license? In not questioning your knowledge or understanding, just questioning the rationale of an agency that has the ability to arrest you for crimes not committed. That's like arresting a gardener for the ability to grow pot.
     
  13. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Trying to make sense of the Federal firearms laws is an exercise in futility. You will just get a headache.
     
  14. c3shooter

    c3shooter Administrator Staff Member

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    Mosin- I does not write 'em- just try to 'splain em.

    A .410 shotgun cut down to a few inches of barrel is an SBS- $200 tax stamp. A Taurus Judge is a SIX SHOT .410, and requires no special license or transfer.

    An Artillery Model Luger with the original shoulder stock is an ordinary firearm. Put a shoulder stock on a Dan Wesson .357, and you have "manufactured a short barreled rifle".

    Honestly- the way some of the laws are written, they should have checked the mushrooms on their pizza a little more closely. If it is any consolation, I have to deal with the laws for the E part of BATFE- and they are worse.
     
  15. Mosin

    Mosin Well-Known Member

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    They can go BATF them selves with that noise. Not even worth it, Maybe I should join a Mexican drug cartel and just have guns delivered.
     
  16. Mosin

    Mosin Well-Known Member

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    I'm only kidding! Don't send the choppers! I just don't like paperwork, or hassles.
     
  17. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    I used to hold a FFL. It was not the type to sell SBRs, full autos or suppressors, but I constantly was asked the questions and had to advise customers. C3shooter is dead-on with his advice. He may not be an attorney, but he's got BATFEs number! Follow what he's telling you and you won't go wrong.
     
  18. clr8ter

    clr8ter New Member

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    What is BATF "E" Does that stand for "Enforcement"?
     
  19. elfmdl

    elfmdl New Member

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    The e stands for Explosives
     
  20. russ

    russ New Member

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    And the "F" stands for FUN!!:p