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

[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?

[Noah_Zark]

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

[ExFlyinguy]

I disagree with Noah, but I'll have to do some research to back that up

[ExFlyinguy]

Page 2 Last paragraph

https://www.guntrustlawyer.com/files...tate-lines.pdf

[Noah_Zark]

Page 2 Last paragraph

https://www.guntrustlawyer.com/files...tate-lines.pdf

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

[QuackXP]

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.

[WCMG]

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.

[Jmo371]

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.

[HRoark]

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.

[buckengr]

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.