Preban lower sbr build questions/advisement

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?

    A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

    The big kicker is if you still have the short barrel upper.
     

    Leper Messiah

    Active Member
    Aug 18, 2014
    570
    Didn't want to start a new thread but i gotta a question, can I build a sbr on a preban lower that measures less than 29"?
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,700
    Columbia
    Didn't want to start a new thread but i gotta a question, can I build a sbr on a preban lower that measures less than 29"?

    No I don't believe so. All SBR's in MD need to be 29" or greater. The only exception would be rimfire.
    Pre-ban or post-ban lower is meaningless with regards to an SBR
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    All SBR's in MD need to be 29" or greater. The only exception would be rimfire.

    As a correction to that, all semi-automatic, centerfire SBRs made after October 1, 2013 need to be 29" or greater. If you had an AR SBR that was made into an SBR prior to 10/1/13 it can have an OAL of shorter than 29" if it existed that way prior to 10/1/13.

    In this case, it's when the SBR was made that's the determining factor, not when the lower was purchased.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,999
    No I don't believe so. All center fire SBR's built after 1 Oct. 2013 in MD need to be 29" or greater. The only exception would be rimfire.
    Pre-ban or post-ban lower is meaningless with regards to an SBR

    FIFY :)
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,700
    Columbia
    As a correction to that, all semi-automatic, centerfire SBRs made after October 1, 2013 need to be 29" or greater. If you had an AR SBR that was made into an SBR prior to 10/1/13 it can have an OAL of shorter than 29" if it existed that way prior to 10/1/13.



    In this case, it's when the SBR was made that's the determining factor, not when the lower was purchased.






    thank you for the corrections gentlemen.


    Sent from my iPad using Tapatalk
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971

    Didn't need fixing.

    :P :)

    The ban law only applies 29" test to
    A SEMIAUTOMATIC CENTERFIRE RIFLE THAT HAS AN OVERALL LENGTH OF LESS THAN 29 INCHES;

    And I used the term "made" because the ATF refers to the process of building an SBR on an approved Form 1 as "making" the firearm. As long as the SBR was "made" prior to the ban date it's safe.

    Theoretically you could have a bolt action centerfire SBR that was shorter than 29" OAL.
     

    Leper Messiah

    Active Member
    Aug 18, 2014
    570
    As a correction to that, all semi-automatic, centerfire SBRs made after October 1, 2013 need to be 29" or greater. If you had an AR SBR that was made into an SBR prior to 10/1/13 it can have an OAL of shorter than 29" if it existed that way prior to 10/1/13.

    In this case, it's when the SBR was made that's the determining factor, not when the lower was purchased.

    This is what I thought. F☆☆K this state! I'm moving!
     

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