Help With SBR Builiding Process

Kebo3885 · Jun 25, 2018

Hi Shooters, :party29:

I want to start building my own SBR, right now I don't have any idea, How's the process in Maryland.

I heard about the ATF Form 1, the $200.00 tax stamp and the long wait for received the tax stamp back etc......

Also, for start filling the Form 1, I need the Lower Receiver information, but I understand if I order a Lower Receiver need to go directly to a FFL.

Please, any help with this will be great!! :thumbsup:

jrumann59 · Jun 25, 2018

Buy two lowers. One for SBR and make the other a pistol lower and make your SBR upper and slap it on the pistol receiver until you get your tax stamp.

Kebo3885 · Jun 25, 2018

Okay Perfect.

So, I can start buying all the pieces, (Uppers, Barrel, Sights etc) and the 2 lowers will be ship to the FFL correct? Is the same firearm process with the FFL for get the lowers? The 7 Days wait time?

Thanks,

jrumann59 · Jun 25, 2018

Kebo3885 said:
Okay Perfect.

So, I can start buying all the pieces, (Uppers, Barrel, Sights etc) and the 2 lowers will be ship to the FFL correct? Is the same firearm process with the FFL for get the lowers? The 7 Days wait time?

Thanks,

Yes. Without the designated collectors letter you will be prohibited from buying regulated firearm for 60 days though.

swinokur · Jun 25, 2018

Be careful having possession of an upper with a barrel length less than 16 inches and a lower with a stock attached. BATFE frowns on possession of both items as you are now possess an SBR without a stamp. I bought my lower from Engage and they kept it while I had my DD upper with an 11.3 barrel in my house. When my Form 4 was approved I picked up the lower from their shop

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swinokur · Jun 25, 2018

jrumann59 · Jun 25, 2018

swinokur said:
Be careful having possession of an upper with a barrel length less than 16 inches and a lower with a stock attached. BATFE frowns on possession of both items as you are now possess an SBR without a stamp. I bought my lower from Engage and they kept it while I had my DD upper with an 11.3 barrel in my house. When my Form 4 was approved I picked up the lower from their shop

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I see your point but also see a little BGOS in there also. Technically me owning stripped lowers and receivers COULD have some wild hair up their ass liberal perceive the same thing. If OP is nervous about that then do not build out the SBR lower.

swinokur · Jun 25, 2018

I pointed out not having a stock attached would be good insurance.

Not BGOS at all. BATFE has prosecuted constructive possession cases before. Just keeping him legal that’s all

Bob A · Jun 25, 2018

How paranoid should I be under the following circs:
I have a Colt AR15, and I'm planning a build of an AR pistol on a pre-2013 lower, not previously constructed. Once the build is complete, of course the pistol upper could be put on the Colt lower, though I would certainly never do so. Should I be concerned about constructive possession?

swinokur · Jun 25, 2018

If you don’t go out in public with just the pistol upper and your AR lower, you’d probably be ok

But IANAL

outrider58 · Jun 26, 2018

OP. Build your SBR as a pistol while you wait for your stamp. You can use a carbine type buffer tube as long as you do not put a stock on it until the stamp arrives. Just don't be caught driving around with an "extra stock" with you. You will have a problem.

Once your stamp arrives(form 1 used to come as an email that you copy, not an actual stamped form), get your receiver engraved and slap a stock on it. Time to buy that surppressor while you're waiting...

swinokur · Jun 26, 2018

I thought engraving was only required for a Trust

Hawkeye · Jun 26, 2018

swinokur said:
I thought engraving was only required for a Trust

No.

Engraving is required whenever you "make" a new NFA item. If the "maker" is a Trust, then you engrave the Trust's information on the item. If the "maker" is a person, you engrave the person's information.

swinokur · Jun 26, 2018

Thank you I did mine on a form 4, hence my ignorance

Hawkeye · Jun 26, 2018

Kebo3885 said:
Hi Shooters,

I want to start building my own SBR, right now I don't have any idea, How's the process in Maryland.

I heard about the ATF Form 1, the $200.00 tax stamp and the long wait for received the tax stamp back etc......

Also, for start filling the Form 1, I need the Lower Receiver information, but I understand if I order a Lower Receiver need to go directly to a FFL.

Please, any help with this will be great!!

A general rundown of the process:

Get your receiver.
File a Form 1 with the ATF. (Pay your $200, get your photos and fingerprints, etc)
Wait
Wait
Wait
Get your approved stamp back from ATF.
Build your SBR

Details:

*You will have to buy your lower from an FFL (unless you do an 80% yourself, but that doesn't sound like what you're talking about). This will require a Form 77R and the 7 day waiting period. Unless you are a Designated Collector you will only be able to buy one lower per month.

*After you get your lower, you file your Form 1. The ATF is EXTREMELY picky about how these are filled out, but luckily there are a number of good guides on the subject that you can find on the internet.

*Be aware that as a MD resident, if you are building a centerfire, semi-auto AR15 SBR, it MUST have an OAL (Overall Length) of at least 29", measured from the tip of the barrel (or PERMANENTLY attached muzzle device) to the end of the fully extended stock) or it will be illegal and ATF will not approve your stamp. If you're building a 5.56 AR then you'll likely want to use a 10.5" barrel anyhow, so this shouldn't be an issue for you.

* There has been a lot of back and forth in this thread about having SBR parts and it being legal or illegal. The general guidance from ATF is that if you have a collection of parts that could serve "no other legal purpose" than to build an SBR, then you have an SBR. So, if before you got your stamp back you owned only one AR lower and a short barrel, you'd be breaking the law. However, if you also owned an AR pistol lower then you can have a short barrel, because you have a legal use for that short barrel on your pistol. If you want to play it safe though, you either get your lower and put a pistol buffer tube on it before you order your upper, or you just wait to order your upper until after you get your stamp back.

holesonpaper · Jun 26, 2018

Hawkeye said:
A general rundown of the process:

Get your receiver.

File a Form 1 with the ATF. (Pay your $200, get your photos and fingerprints, etc)

Wait

Wait

Wait

Get your approved stamp back from ATF.

Build your SBR

Add engrave lower to this process. Depending which lower you get, engravers have gotten pretty creative where they can engrave.

namelessname120 · Jun 26, 2018

Does 29 oal apply to 10-22 or ar-9mm ?

Hawkeye · Jun 26, 2018

namelessname120 said:
Does 29 oal apply to 10-22 or ar-9mm ?

It applies to any centerfire, semi-automatic rifle which is capable of accepting detachable magazines.

Thus, it does NOT apply to a 10/22, because it's not centerfire.

It DOES apply to an AR-9mm because it is a centerfire, semi-automatic rifle which is capable of accepting detachable magazines.

Pinecone · Jun 28, 2018

outrider58 said:
OP. Build your SBR as a pistol while you wait for your stamp. You can use a carbine type buffer tube as long as you do not put a stock on it until the stamp arrives. Just don't be caught driving around with an "extra stock" with you. You will have a problem.

Once your stamp arrives(form 1 used to come as an email that you copy, not an actual stamped form), get your receiver engraved and slap a stock on it. Time to buy that surppressor while you're waiting...

This ^^^^^^

Or, buy a pistol buffer tube to use until you get your stamp.

And then sell it or keep it.

I build all my lowers as pistols first. The BATFE says if it is built first at a rifle, it has to stay as a rifle (can be SBR). But if first built as a pistol, it can be made into a rifle and back into pistol.

Another option is to built as a rifle, then when you tax stamp comes in, replace the barrel with a short barrel.

I have done both methods (pistol or rifle with barrel swap). Both allow you to shoot it while waiting for the tax stamp to come back.

Major03 · Jun 28, 2018

My recommendation is to buy a pistol brace and build it as a pistol. You may end up deciding not to even SBR it, with the quality and number of options for braces available today.

If you decide to move forward as an SBR, you'll have the pleasure of being able to enjoy it as a pistol while you wait for the tax stamp to return. You could always sell the brace afterwards, and you probably wouldn't lose too much money on it.

Another thing to consider is that you will have to inform and receive permission from the ATF if you transport your SBR out of state. However if you have a spare pistol brace, you can convert it back to a pistol and won't have that problem (assuming of course you abide by each state's laws that you travel through). Remember though (as others have mentioned), you can only do this if it was originally built as a pistol.

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Help With SBR Builiding Process