SBR Questions

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  • cestes

    Member
    Feb 11, 2013
    1
    Owings
    Sometimes I think that the rules are written to intentionally confuse all of us non-lawyers!

    I'm hoping there's a simple answer to my simple question:

    In July of 2013 I purchased 2 stripped Aero Precision lower receivers. They've sat in my closet all this time. Today, I saw a great deal at PSA for a 10.5 inch upper ( https://palmettostatearmory.com/psa...upper-with-bcg-charging-handle-516445367.html ).

    So my question(s): Can I just buy this in MD and put it together? Do I have to register/apply with ATF as NFA?

    EDIT: Just noticed these are out of stock so the immediate question is moot, but I'd still like to know!
     
    Last edited:

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    The simple answer is you need to e-file a form 1 with the ATF, pay $200 for your tax stamp, wait until it’s approved, and then buy the upper and assemble the rifle.
    You can also build an AR pistol with a pistol brace right away, no tax stamp or ATF approval required.


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    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If you purchased them pre-10/1/13, you can build them into pencil barrel ARs.

    If you want to build a pistol or SBR, buy a new lower, and save your pre-ban ones for pre-ban configurations.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    If you purchased them pre-10/1/13, you can build them into pencil barrel ARs.

    If you want to build a pistol or SBR, buy a new lower, and save your pre-ban ones for pre-ban configurations.



    Forgot the above. This is even better advice.


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    carbonDRED

    Member
    Dec 14, 2008
    58
    Baltimore
    If you purchased them pre-10/1/13, you can build them into pencil barrel ARs.

    If you want to build a pistol or SBR, buy a new lower, and save your pre-ban ones for pre-ban configurations.

    You want to know what's a giant bag of dicks in all this? I had two lowers that were purchased pre-ban ('08 and '12) that ended up getting stolen in 2015. Looks like it's a no pre-ban config life for this sad boy :envy:
     

    huesmann

    n00b
    Mar 23, 2012
    1,927
    Silver Spring, MD
    I am actually in the exact same boat as the OP. Two Aero Precision lowers bought before Fall of 2013. I was planning to SBR one or both (can't remember), and had the paperwork sent up to MSP for signature. Well, it eventually came back signed from MSP, but I never got around to sending the Form 1 in to BATF. Was busy dating someone, planning a wedding, getting married, buying a new house, etc. The paperwork just fell by the wayside...hopefully it's still sitting in the gun safe. Anyone know if those things expire?
     

    woodline

    Ultimate Member
    MDS Supporter
    Jan 8, 2017
    1,947
    I am actually in the exact same boat as the OP. Two Aero Precision lowers bought before Fall of 2013. I was planning to SBR one or both (can't remember), and had the paperwork sent up to MSP for signature. Well, it eventually came back signed from MSP, but I never got around to sending the Form 1 in to BATF. Was busy dating someone, planning a wedding, getting married, buying a new house, etc. The paperwork just fell by the wayside...hopefully it's still sitting in the gun safe. Anyone know if those things expire?
    How long ago was this? I don't recall CLEO getting a say post-41f, just notification. I would recommend just trashing that paperwork and starting over. eForm1 is back online and approval times are very fast.
     

    huesmann

    n00b
    Mar 23, 2012
    1,927
    Silver Spring, MD
    Yup, looks like I still have the Form 1s returned from MSP with the stamp that says I have not been convicted of any crime which would disqualify me under Maryland law. Date stamped 10/31/13. I signed and mailed to MSP on or shortly after 9/23/13.
     

    grimnar15

    Ultimate Member
    MDS Supporter
    Jul 21, 2019
    1,645
    Slightly different question. If I buy a maryland legal AK47 pistol, re-barrel it with a 14.5 barrel, is it still a pistol (I-believe so)? And if yes, can I then submit my form 1 and make it an SBR AK?
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Slightly different question. If I buy a maryland legal AK47 pistol, re-barrel it with a 14.5 barrel, is it still a pistol (I-believe so)? And if yes, can I then submit my form 1 and make it an SBR AK?

    Yes. Yes.

    Obviously (I hope it is) you’d need to wait for approval before installing a stock/stock trunnion on the receiver.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    You want to know what's a giant bag of dicks in all this? I had two lowers that were purchased pre-ban ('08 and '12) that ended up getting stolen in 2015. Looks like it's a no pre-ban config life for this sad boy :envy:

    Question...can someone buy a stripped lower, build the lower with an SBA3 brace and then put a 16" non-hbar upper on it? It ain't a rifle, so it isn't banned right?
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    Question...can someone buy a stripped lower, build the lower with an SBA3 brace and then put a 16" non-hbar upper on it? It ain't a rifle, so it isn't banned right?

    I think there are length mins and maxes for pistols and rifles.

    like once so long, = rifle

    so short with stock = sbr

    so short + no stock = pistol

    :)
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    I think there are length mins and maxes for pistols and rifles.

    like once so long, = rifle

    so short with stock = sbr

    so short + no stock = pistol

    :)

    It must have a stock to be a rifle under federal law. MD follows it for that.

    If it is >26” and does not have a stock it isn’t a rifle or pistol under federal law. It’s a firearm.

    That’s why you get things like 12.5” ARs with a brace and a vertical grip. Because someone didn’t want to pay $5 for an AOW tax stamp and wait a month. Now, I respect saying F U to the ATF, but at the same time...just build your 10.5” AR pistol and get the tax stamp for your vertical grip if you really want one.
     

    woodline

    Ultimate Member
    MDS Supporter
    Jan 8, 2017
    1,947
    It must have a stock to be a rifle under federal law. MD follows it for that.

    If it is >26” and does not have a stock it isn’t a rifle or pistol under federal law. It’s a firearm.

    That’s why you get things like 12.5” ARs with a brace and a vertical grip. Because someone didn’t want to pay $5 for an AOW tax stamp and wait a month. Now, I respect saying F U to the ATF, but at the same time...just build your 10.5” AR pistol and get the tax stamp for your vertical grip if you really want one.
    AOW transfer is $5. Form 1 AOW build is still $200. Makes more sense to SBR at that point.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,015
    Harford County
    All of a sudden I have a hankering for building a SBR. I just took a look at the Form 1 and it mostly seems pretty straight forward. It looks like you need to have the lower you plan on using first so that you have the serial # also you need to know exactly what you plan on building; caliber and barrel length.
    What happens if you decide to slap a different upper on there? New stamp?

    Also, what do you all put down for "why you intend to make this"?
     

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