Can I take an NFA lower with a rifle upper out of state without ATF approval.
I'm considering taking one of my rifles and submitting it to turn it into a SBR by adding a short barreled upper.
If I wanted to put the rifle upper back on it could I then take it out of state without ATF approval?
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
QuackXP
I'm considering taking one of my rifles and submitting it to turn it into a SBR by adding a short barreled upper.
If I wanted to put the rifle upper back on it could I then take it out of state without ATF approval?
No. Once the serialized lower is registered as an SBR, it is subject to all those out-of-state travel notifications to NFA Branch in Martinsburg, WV, regardless of what upper is installed, or no upper installed.
You can remove the registered SBR lower from the NFA, but you forfeit the $200 transfer tax. Putting it back on the NFA registry requires another Form 1 approval and $200.
Noah
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
I disagree with Noah, but I'll have to do some research to back that up
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
This is one of those things I wouldn’t want to tempt fate on. I’ve got enough of them I’d just take a different one or file the 5320
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
NathanB
This is one of those things I wouldn’t want to tempt fate on. I’ve got enough of them I’d just take a different one or file the 5320
Well that's fine & nothing wrong with that, but it's not like you're carrying a Ghost gun with no serial number.
You're basically converting a SBR back into a legal length rifle, no different than carrying a factory bought rifle. The ATF is clear on this, and it won't raise the eyebrows of regular LE anymore than a factory gun would
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
ExFlyinguy
Well that's fine & nothing wrong with that, but it's not like you're carrying a Ghost gun with no serial number.
You're basically converting a SBR back into a legal length rifle, no different than carrying a factory bought rifle. The ATF is clear on this, and it won't raise the eyebrows of regular LE anymore than a factory gun would
This is what I though. I may make a request directly to the ATF similar to this one and with any additional questions when it comes time to build a SBR. So I can have a letter with my name on it.
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
ExFlyinguy
I have someplace saved on a hard drive in one of the computers an NFA Branch letter from ~2011-2012 that states the exact opposite regarding an NFA-registered AR15 SBR with a 16"+ upper attached. Before being transported across state lines, NFA Branch had to be notified of the traveling registered SBR lower with temporarily-attached 16+" upper.
BUT, the ATF has reversed itself so many times in NFA Branch letters I would not be surprised if the question was asked again, that whomever writes in response would write it stating what is written in Pilot's linked letter.
The few times that I've taken ANY of my SBRs across state lines, I let NFA Branch know on their form, explaining the circumstances in detail, and they never said "Don't bother."
Noah
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
Noah_Zark
I have someplace saved on a hard drive in one of the computers an NFA Branch letter from ~2011-2012 that states the exact opposite regarding an NFA-registered AR15 SBR with a 16"+ upper attached. Before being transported across state lines, NFA Branch had to be notified of the traveling registered SBR lower with temporarily-attached 16+" upper.
BUT, the ATF has reversed itself so many times in NFA Branch letters I would not be surprised if the question was asked again, that whomever writes in response would write it stating what is written in Pilot's linked letter.
The few times that I've taken ANY of my SBRs across state lines, I let NFA Branch know on their form, explaining the circumstances in detail, and they never said "Don't bother."
Noah
If I was taking the SBR length upper across state lines I know I would need to. I have another lower its not that big of a deal. Once I get my lower done I will write a letter to the ATF asking all the questions I want and hopefully get one back that I can keep with my range bag at all times.
Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.
Quote:
Originally Posted by
QuackXP
If I was taking the SBR length upper across state lines I know I would need to. I have another lower its not that big of a deal. Once I get my lower done I will write a letter to the ATF asking all the questions I want and hopefully get one back that I can keep with my range bag at all times.
Supposedly by law, the ATF must respond within one year of being asked a question. The one and only time I asked the ATF to clarify something, it was one year to the day to get a response.
Keep us updated on how long it takes.