Strange SBR legal question. Possibly a head scratcher


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Arizona_Mike
February 4, 2014, 11:10 PM
I am expecting another SBR e-stamp on a trust in 7-8 weeks. There is a distinct possibility that I will be on an extended 4-6 month assignment for my employer in another state (that allows SBRs). It is an SBR that only requires "drop-in" parts to "make" (only simple tools). I know I need a Form 5320.20 to transport an SBR to another state, but is there a restriction as to where I can "make" the firearm?

I know the ATF prefers that you "make" the firearm promptly after receiving the stamp.

Mike

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MErl
February 4, 2014, 11:23 PM
Might be best to ask directly. Probably not a situation that pops up all that often.

medalguy
February 4, 2014, 11:24 PM
You can manufacture the gun in any state or locality that does not prohibit it. I just received a Form 20 that was Fedexed in to Martinsburg on Dec 2. Today is Feb 4. Stamps are likely running 15 months today. Keep those numbers in mind.

Arizona_Mike
February 4, 2014, 11:45 PM
I recently received 3 paper Form 1s that took ~11 months and two electonic Form 1s that took 90 and 95 days, respectively. The overall time trends for e-forms appear flat or slightly accelerating based on data I pulled from NFATracker.com. The one I am expecting was electronic as well and and submitted almost a month ago which is what I am basing the expected approval on. It will almost certainly come on during the business trip.

Mike

Frank Ettin
February 5, 2014, 12:23 AM
Moved from Legal to NFA.

Arizona_Mike
February 5, 2014, 01:19 AM
No problem. I thought that Legal was a better match.

Mike

rjrivero
February 6, 2014, 12:53 PM
Interesting dilemma.

Let's just say for the sake of argument that you have an AR pistol that you submit a form 1 on.

You're out of town when that form 1 comes back, but you have your AR pistol with you. You would need to get the 5320.20 submitted AND returned before you could legally have in your posession (out of state) your SBR.

Once you have that 5320.20, it would really make precious little difference where you were (home or at your temporary assigned state) when you put it together.

I say this because the ATF Opinion 2011-4 which says you can take a legal pistol, turn it into a legal rifle, and then back into a legal pistol without fear of repercussions. They have also said that you can take a SBR, temporarily put a 16" barrel or greater on it and it would be a regular title 1 rifle following the regular title 1 rifle laws while it's in that configuration provided you don't have "control" over the parts that would make it an SBR.

So, if you brought your AR pistol to your new place of work, and didn't buy a stock for it until after your Form 1 came back, and your 5320.20 came back, I would presume you would be a-OK. But take that with a grain of salt. I am not a lawer.

Arizona_Mike
February 6, 2014, 01:14 PM
I emailed the ATF with two questions and very quickly got back a short one sentence reply which I took to be the answer to the second question (do you have to wait for a stamp to be issued before submitting a 5320.20). Apparently the answer is yes. I replied thanking them for the reply and restated the question (can I assemble the gun when in New Mexico and then do a 5320.20 when I return to Arizona). It's been a couple days with not reply so I suspect they are scratching their heads or forwarded it to a more senior head scratcher.

5230.20s tend to fairly quick. Probably super quick for an e-form. I might just be able to submit a 5320.20 for a "move" from AZ to NM and then assemble in NM.

Mike

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