Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Aug 2011
    Location
    Milford, Pennsylvania
    (Pike County)
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    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Quote Originally Posted by ExFlyinguy View Post
    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
    I completely agree but I could just see how fast that could go sideways and to me itía not worth the risk. I just canít place the fact that a cop actually knows the law to keep me out of jail and litigation.

  2. #12
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
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    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Why would you take even the slightest risk of having a serious legal problem? Buy a $50 Anderson lower and call it a day.

  3. #13
    Join Date
    Dec 2019
    Location
    N/A, Pennsylvania
    (Lackawanna County)
    Posts
    8
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    0

    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Quote Originally Posted by Noah_Zark View Post
    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


    That's not true with a 16" upper it is considered a title 1 firearm.

  4. #14
    Join Date
    Jan 2008
    Location
    Economy, Pennsylvania
    (Beaver County)
    Posts
    92
    Rep Power
    2854

    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Quote Originally Posted by Jmo371 View Post
    That's not true with a 16" upper it is considered a title 1 firearm.
    This is correct. In NON NFA configuration, it is not subject to NFA restrictions.

  5. #15
    Join Date
    Jan 2012
    Location
    somewhere, Pennsylvania
    Posts
    342
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    13200746

    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Quote Originally Posted by Jmo371 View Post
    That's not true with a 16" upper it is considered a title 1 firearm.
    Agreed. If it is not actually assembled in an NFA configuration, it is in title 1 status and it can be transported interstate without filing the 5320.20, provided it is not assembled in an NFA configuration at any time while out of the home state.

    Nothing prevents you from reattaching the short upper once you return home. No removal from registry and re-registration needed. Provided the OP retains ownership of the short upper, it is a temporary change in configuration.
    I am not a lawyer.

  6. #16
    Join Date
    Jan 2012
    Location
    somewhere, Pennsylvania
    Posts
    342
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    13200746

    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    That said, if it were me and I had another title 1 lower on hand, I'd probably bring that instead. That way there is zero chance of anyone having any confusion and if it got stolen during travel, I could still go home and shoot my SBR.
    I am not a lawyer.

  7. #17
    Join Date
    Dec 2019
    Location
    N/A, Pennsylvania
    (Lackawanna County)
    Posts
    8
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    0

    Default Re: Can I take an NFA lower with a rifle upper out of state without ATF approval.

    Quote Originally Posted by buckengr View Post
    That said, if it were me and I had another title 1 lower on hand, I'd probably bring that instead. That way there is zero chance of anyone having any confusion and if it got stolen during travel, I could still go home and shoot my SBR.

    Absolutely Agreed. I have a pile of other lowers, although it may be legal i don't even want to go through the hassle of explaining a Form 1nd lower in title 1 configuration in another state....that is if a LEO even notices( i have never been asked to see any weapons after declaring...even with Suppressors and an SBR in the truck...just asked got your stamps?) a tiny engraving on a 16"+ rifle.

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