No more SBRs

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  • erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    since MSP doesn't recognize Trusts when it comes to 77Rs, looks like Trusts are screwed when it comes to SBRs and SBSs.
    I don't necessarily see how that follows. My understanding is that the MSP position is that they want the responsible individual in the trust to do the paperwork.
     

    jvegas

    Ultimate Member
    Aug 15, 2009
    1,151
    I don't necessarily see how that follows. My understanding is that the MSP position is that they want the responsible individual in the trust to do the paperwork.

    how will ATF issue a stamp registering to a trust and MSP register it to an individual? 77R is registration and the trust won't be listed any where in MSP database.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    how will ATF issue a stamp registering to a trust and MSP register it to an individual? 77R is registration and the trust won't be listed any where in MSP database.
    How does that matter? It's registered to someone in the trust. There's no law anywhere that says these two things must match up. Registration does not necessarily connote a total ownership story.

    Plus, if it came down to brass tacks, the MSP would need to change. Their approach is not compatible with current trust law.
     

    jvegas

    Ultimate Member
    Aug 15, 2009
    1,151
    How does that matter? It's registered to someone in the trust. There's no law anywhere that says these two things must match up.

    do you think MSP cares? everyone on the trust better have a HQL/exemption, too.
     

    TyFromMD

    Ultimate Member
    Mar 31, 2011
    3,804
    Maryland
    how will ATF issue a stamp registering to a trust and MSP register it to an individual? 77R is registration and the trust won't be listed any where in MSP database.


    How has the ATF previously even able to register Form 1 SBRs to a trust that have been registered to an individual on a 77r prior to 10/1?
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    do you think MSP cares? everyone on the trust better have a HQL/exemption, too.
    Same way they'll handle communal property, I imagine... which is to only treat the person it's registered to as the owner. You are assuming the feds and the MSP must act in lock step, which is clearly not true.
     

    jvegas

    Ultimate Member
    Aug 15, 2009
    1,151
    How has the ATF previously even able to register Form 1 SBRs to a trust that have been registered to an individual on a 77r prior to 10/1?

    BC when you form 1 something, you are manufacturing a new gun. the previous 77r is invalid at that point.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    BC when you form 1 something, you are manufacturing a new gun. the previous 77r is invalid at that point.
    A little more complicated than that, but basically true. Note that you're not required to fill out a 77r on a home build, though.
     

    TNW

    Active Member
    Jan 27, 2014
    251
    How has the ATF previously even able to register Form 1 SBRs to a trust that have been registered to an individual on a 77r prior to 10/1?

    Must only apply to form 4s? I asked a similar question on the last page.
     

    jvegas

    Ultimate Member
    Aug 15, 2009
    1,151
    A little more complicated than that, but basically true. Note that you're not required to fill out a 77r on a home build, though.

    so far. i see a MSP bulletin in the near future stating that form 1 guns must be "voluntarily" registered on a 77R within X amount of time from receiving a stamp.
     

    Kingjamez

    Gun Builder
    Oct 22, 2009
    2,042
    Fairfax, VA
    I still argue that a Form 1 of an existing firearm is MAKING a SBR not Manufacturing. A Form 1 for a new gun you build from scratch would be manufacturing.

    -Jim
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    This effects Form 4's for SBR's and SBS's because a dealer handles those. The SBR or SBS will have to be on the Handgun Roster, have a Fired Shell Casing (For NEW Only), and have or the customer supplies an Integrated/Approved Lock, AND it is subject to the MSP77r/7 Day Wait/H.Q.L./1 Per 30 Day (Unless a D.C.).

    Using a Trust on SBR/SBS Form 4's from here out I don't think will be ok anymore. If there is an approved Form 4's and the Trustee does a 77r on a NFA Approved Form 4 the would mean the "Trust" never took possession of the NFA device, an individual did. This isn't ok. Not at all.

    Form 1 on a Trust is ok because the person is making the gun and its not being transferred or sold. Thus the 77r, H.Q.L., Lock, and Roster does not apply in that case. One must still observe copycat and oal requirements.
     

    TyFromMD

    Ultimate Member
    Mar 31, 2011
    3,804
    Maryland
    So if I'm making a Form 1 SBR it either needs to be over >29" and not meet the definition of a copycat firearm OR be less than 26" to meet the definition of a handgun, or move to another state and not worry about it?
     

    TNW

    Active Member
    Jan 27, 2014
    251
    This effects Form 4's for SBR's and SBS's because a dealer handles those. The SBR or SBS will have to be on the Handgun Roster, have a Fired Shell Casing (For NEW Only), and have or the customer supplies an Integrated/Approved Lock, AND it is subject to the MSP77r/7 Day Wait/H.Q.L./1 Per 30 Day (Unless a D.C.).

    Using a Trust on SBR/SBS Form 4's from here out I don't think will be ok anymore. If there is an approved Form 4's and the Trustee does a 77r on a NFA Approved Form 4 the would mean the "Trust" never took possession of the NFA device, an individual did. This isn't ok. Not at all.

    Form 1 on a Trust is ok because the person is making the gun and its not being transferred or sold. Thus the 77r, H.Q.L., Lock, and Roster does not apply in that case. One must still observe copycat and oal requirements.

    This would tend to be my understanding as well. Now to accept the challenge of finding a 10.3 inch 5.56 HBAR....:sad20:


    I hope not... But I see that too. As someone else mentioned, would it carry the force of the law?
     

    TNW

    Active Member
    Jan 27, 2014
    251
    So if I'm making a Form 1 SBR it either needs to be over >29" and not meet the definition of a copycat firearm OR be less than 26" to meet the definition of a handgun, or move to another state and not worry about it?

    From what I understand it can be considered an SBR and a Handgun.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    This would tend to be my understanding as well. Now to accept the challenge of finding a 10.3 inch 5.56 HBAR....:sad20:



    I hope not... But I see that too. As someone else mentioned, would it carry the force of the law?

    I would just buy a 16" carbine HBAR and form 1 it. ONce the Form 1 is approved whack the barrel and if needed open the gas port. The OAL will be over 29" and it will only have 1 "evil" feature. SO its still an HBAR, not a copycat and not a banned ALG because its an HBAR
     

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