A few NFA/SBR questions...

[Snert]

OK so as some may know I am in the works of the following SBR...

http://gunbroker.com/Auction/ViewItem.asp?Item=86712800

I have sent payment, they have my FFL's papers on file.
I have read the sticky's up top and will be patient.

Now here are a few other questions I have.

1- Can a SBR be used on the state rifle range?? I know the rules say no more than 3 rounds in a rifle. And no full autos' but this is a semi in SBR configuration.. I have secured some private land to shoot on, but its nice to have the public range for backup.. ya know the trigger finger itch fix..

2- I have a bushmaster carbine It used to be my buddys until he had a massive heart attack. His family gave the rifle to me.
Now I have been toying with buying a SBR upper for this gun from BM. Is this legal to do? and if so can I swap the lower back and fourth from 16" upper to SBR upper?? or once its SBR registered it has to be dedicated to the SBR only?

Snert..

[Mtdew]

I see no reason why you can't shoot it at the state range. SBR's are considered firearms under PA code.

I'm not following your 2nd question.

You can put as many different uppers on your SBR lower as you want, proveded you still have a +16" upper on your carbine.

[Snert]

On part 2,

Can I buy a SBR upper to use on a postban lower? and if yes Do you have to keep the lower as a SBR. Or can I swap regular upper to SBR and back to regular upper.

So I would use ONE lower and use TWO differant uppers.

Snert...

[bogey1]

Originally Posted by Snert

On part 2,

Can I buy a SBR upper to use on a postban lower? and if yes Do you have to keep the lower as a SBR. Or can I swap regular upper to SBR and back to regular upper.

So I would use ONE lower and use TWO differant uppers.

Snert...

once the lower is registered sbr you can flip flop back and forth with uppers.

[Garpman]

I too have a question, and it's not a thread hijack as it could be useful to the OP should he ever decide to do it.

For firearms that are subject to 922(r) when modified, does making it an NFA weapon by SBRing it negate section 922(r).

I have seen numerous writings, posts, and testimony that say it does in fact negate it. Reason being, an NFA item by nature is non "sporting" and the firearm in question would fall under an NFA status, thus making 922(r) null.

Thanks

[JayBell]

Originally Posted by Garpman

I too have a question, and it's not a thread hijack as it could be useful to the OP should he ever decide to do it.

For firearms that are subject to 922(r) when modified, does making it an NFA weapon by SBRing it negate section 922(r).

I have seen numerous writings, posts, and testimony that say it does in fact negate it. Reason being, an NFA item by nature is non "sporting" and the firearm in question would fall under an NFA status, thus making 922(r) null.

Thanks

apparently, the ATF opinion says if its built with a US made receiver, then 922(r) is null.
however, in thier further explanation of 922(r) and sporting arms, they do not differentiate between US or foreign made receiver builds.
I have not seen a reversal of opinion negating the below letter
see link and letter:
http://www.cs.cmu.edu/afs/cs/user/wb...tf_letter3.txt


DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226

MAR 22, 1994

LE:F:FE:RLB
3312.5

Mr XXX
Address
City, State

Dear Mr. XXX:

This refers to your letter of February 28, 1994, in which you
inquire as to whether the making of certain National Firearm Act
(NFA) weapons is prohibited by Title 18 United States Code
(U.S.C.), Chapter 44, Section 922(r). The weapon in question is a
FN/FAL type firearm having a barrel length of less than 16 inches
which is assembled from an imported British L1A1 parts kit and a
domestically manufactured frame or receiver.

Title 18 U.S.C., Chapter 44, Section 922(r) provides that it shall
be unlawful for any person to assemble from imported parts any
semiautomatic rifle or shotgun which is identical to any rifle or
shotgun prohibited from importation under 18 U.S.C., Chapter 44,
Section 925(d)(3), as not being particularly suitable for or
readily adaptable to sporting purposes.

However, the Bureau has previously determined that the lawful
making of an NFA weapon would not violate Section 922(r), since the
section only addresses the assembly of "nonsporting" firearms, and
not the making of NFA weapons. Therefore, the lawful making of a
short barreled rifle would not be precluded by Section 922(r).

If you decide to proceed with your project, it will be necessary
for you to obtain prior approval by first submitting an ATF Form 1
(Application To Make and Register a Firearm) and paying the
appropriate $200 making tax. Additional information relative to
this procedure may be obtained from the following source:

Bureau of Alcohol, Tobacco and Firearms
NFA Branch, Room 5300
650 Massachusetts Avenue, NW
Washington DC 20026

We trust that the foregoing was responsive to your inquiry. If we
may be of any further assistance, please contact us.

Sincerely yours,
[signed]
Edward M. Owen, Jr.
Chief, Firearms Technology Branch

[Garpman]

Yes, I have read that, and that IIRC was dated 98.

I havef also just finished reading this:

(emphasis added by me)

"Originally Posted by Sterling Nixon, Chief, Firearms Technology Branch on Oct 11 2006

Dear Mr DRUGRUNR

This is in response to your letter dated September 28, 2006 to the Bureau Of Alchohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you inqure concerning the legality of assembling short-barreled rifles (SBRs) using only imported parts.

As you are aware, SBRs are firearms controlled by the National Firearms Act (NFA). The ATF NFA Branch has previously received applications to make SBRs and shotguns from imported firearms. Since the making of these NFA weapons would render these firearms non-importable under 18 U.S.C. Section 925(d)(3), the ATF Office of Chief Councel Was consulted regarding ATF's position on the application of 18 U.S.C. Section 922(r) to the assembly of NFA Fireams. The response from the Office of Chief Counsel was as follows:

In our view, the making of NFA weapons from lawfully imported rifles and shotguns would not violate section 922(r). The legislative history of section 922(r) indicates that it was intended to preclude the circumvention of the importation restriction on nonsporting rifles and shotguns by importing parts for "nonsporting' firearms and assembling them in the United States using domestically manufactured frames or receivers capable of accepting imported parts. [See the President's Message to Congress Transmitting A Draft of Proposed Legislation Entitled The "Comprehensive Violent Crime Control Act Of 1989," H.R. Doc. No. 101-73, 101st Cong., 1st Sess. 81 (June 15, 1989)]. There is no evidence that this assembly restriction was intended to preclude the making of NFA weapons.

Further, as noted above, section 925(d)(3) prohibits the importation of three types firearms, i.e., nonsporting, NFA weapons, and surplus military weapons. Significantly, section 922(r) only addresses the assembly of "nonsporting" firearms and not the making of NFA weapons.
Since section 922(r) only addresses the assembly of "nonsporting" firearms, the lawfull making of short barrel rifles or shotguns would not be precluded by section 922(r).

Please note that this legal opinion applies very specifically to SBRs and shotguns which are made by shortening the barrel(s) of complete firearms which have been lawfully imported; it does not apply to the assembly of NFA weapons from imported parts.

With regard to the scenario(s) you proposed, if you are interested in manufacturing a short-barreled AK pattern rifle, you must do so only by shortening the original barrel of a lawfully imported rifle. This shortening procedure must not be preformed until you submit an ATF Form 1 ("Application to Make and Register a Firearm").

In Addition, FTB advises you to contact authorities wheere you reside to determing what, if any, State laws or local ordinances govern production or possession of such weapons.

We thank you for your inquiry and trust that foregoing has been responsive.

Sincerely yours,

Richard Vogg?? (can't read it)

for Sterling Nixon
Chief, Firearms Technology Branch"

So for example, if one were to build from a Krink, or an AMD 65 kit, it would still be subject to 922(r) even though you also have to register them as an SBR...

Unless it's a pre ban weapon (in which case it wouldn't apply), I can't think of any firearm that was legally imported to make into a SBR/SBS that wasn't already barred from importation as a "non sporting" firearm under section 925 and thus subject to 922(r) when modified, so that emphasis above is pretty much pointless as far as the kind of gun we are interested in goes.

[JayBell]

once again proving that the ATF keeps no records of previous opinions, nor do they show any kind of consistency.

What certifiable morons.