MD laws when making an SBR

psybersapien · Feb 12, 2021

My eForm 1 was disapproved because "The making and/or possession of this firearm would be in violation of State or local law.". Nothing else.

I'm curious about the details but I can't seem to get any further information from the NFA. I wanted to see if I could answer my own question by asking here.

The OAL is specified at 29.75". Is that okay?
Barrel length is specified as 9.75" in the upper I'm considering. Is that okay?

What other MD laws do I need to consider when filing an ATF eForm 1 to make an SBR?

ToolAA · Feb 12, 2021

psybersapien said:
My eForm 1 was disapproved because "The making and/or possession of this firearm would be in violation of State or local law.". Nothing else.

I'm curious about the details but I can't seem to get any further information from the NFA. I wanted to see if I could answer my own question by asking here.

The OAL is specified at 29.75". Is that okay?
Barrel length is specified as 9.75" in the upper I'm considering. Is that okay?

What other MD laws do I need to consider when filing an ATF eForm 1 to make an SBR?

You meet the 29” OAL requirement and there is no specific mention of barrel length with respect to SBR so you should be good. I received a similar SVR stamp back in 2017 the only difference was that my barrel was 10-1/2”.

How did you answer the question pertaining to the purpose of the firearm?

Biggfoot44 · Feb 12, 2021

What type of firearm is this based upon ? We usually assume AR platform , but not specified here .

psybersapien · Feb 12, 2021

ToolAA said:
You meet the 29” OAL requirement and there is no specific mention of barrel length with respect to SBR so you should be good. I received a similar SVR stamp back in 2017 the only difference was that my barrel was 10-1/2”.

How did you answer the question pertaining to the purpose of the firearm?

ALL LAWFUL PURPOSES

psybersapien · Feb 12, 2021

Biggfoot44 said:
What type of firearm is this based upon ? We usually assume AR platform , but not specified here .

The registration was to make an SBR using a lower receiver supporting 300 AAC Blackout. Specified in the eForm as 300.

atblis · Feb 12, 2021

My guess is that they saw the barrel length and assume that a typical AR-15 carbine couldn't be >29 inches with that length.

psybersapien · Feb 12, 2021

atblis said:
My guess is that they saw the barrel length and assume that a typical AR-15 carbine couldn't be >29 inches with that length.

Ah, so you think its the math of 29.75" - 9.75" = 20" and there is no way to create a legal SBR with the remaining 20"?

atblis · Feb 12, 2021

In reality you can. They're not smart enough to know that (really too lazy). IIRC, It takes a little over 11.5" with a regular carbine stock to get to 29" plus. For example, you could be pinning and welding something on, though I guess in that case you would list the barrel as longer. Just my guess.

psybersapien · Feb 12, 2021

Biggfoot44 said:
What type of firearm is this based upon ? We usually assume AR platform , but not specified here .

Actually, I'm not sure I answered your question. The receiver specified is an Aero Precision M4E1. The receiver is designated as multi-caliber but I had read indicating a specific caliber on the form would help.

Biggfoot44 · Feb 12, 2021

I was looking for AR-15 type , or something else .

psybersapien · Feb 12, 2021

Thanks all for the feedback.

At this point I suppose it's all speculation based on the ATF officer.

So much for trying to be honest and realistic. Trying to do the right thing is futile.

The next Form 1 I file will be to purchase an SBR (sometime in the future). Maybe that'll go smoother.

atblis · Feb 12, 2021

You could always plan on doing a 12.5" barrel and then change your mind. It happens. Pretty sure you just mail them a letter informing them of a config change. You can add/amend configs to your stamp.

Biggfoot44 · Feb 12, 2021

To purchase an existing SBR would be a Form 3 .

viiper · Feb 12, 2021

This state is so goofy. Let us know if you learn more. I thought its just the >29" thing. Sheesh. I'm getting ready to file some Form 1's for both an M85 and M92 going from pistols and will be right at 29.1" probably when said and done, but haven't focused on barrel length.

psybersapien · Feb 13, 2021

Biggfoot44 said:
To purchase an existing SBR would be a Form 3 .

Thanks for the clarification! That'll save me some time discovering what to do on my next sbr adventure.

psybersapien · Feb 13, 2021

viiper said:
This state is so goofy. Let us know if you learn more. I thought its just the >29" thing. Sheesh. I'm getting ready to file some Form 1's for both an M85 and M92 going from pistols and will be right at 29.1" probably when said and done, but haven't focused on barrel length.

As it turns out, the disapproval was a blessing in disguise.
I've been doing some reading and my SBR build plans were flawed from the beginning.
I think my only advice right now is do a lot of upfront research and when you think you know enough, keep researching. I found some information which I don't think I would've ever concluded like a suppressor could be considered a flash hider.
I'm backing off on my SBR build plan and moving on to my next project.

outrider58 · Feb 13, 2021

Biggfoot44 said:
To purchase an existing SBR would be a Form 4 .

From 4 for purchase of a 'finished' NFA item.

Form 3 is for transfer of a finished NFA item between two different SOTs.

outrider58 · Feb 14, 2021

Gilo said:
i think its to build one, which is a form 1

Fixed

Pinecone · Feb 14, 2021

Biggfoot44 said:
To purchase an existing SBR would be a Form 34 .

FTFY

Form 3 is dealer to dealer.

Pinecone · Feb 14, 2021

psybersapien said:
Ah, so you think its the math of 29.75" - 9.75" = 20" and there is no way to create a legal SBR with the remaining 20"?

Standard AR parts require a 10.5" barrel to make 29".

You may have to get them info on how you were going to do it with a 9.75" barrel.

MD laws when making an SBR

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