Home built SBR registration in WA State

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Crawfish1

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Has anyone registered a home made SBR in WA State?
If so could you provide details on the doing of such and any caveats you may have for the less experienced.
 
Its really no different than buying one form1 vs form 4 but same process
 
Assuming you want to make an SBR using a form 1, the first decision is do you want to use a Trust or go personal? If you go personal you will need to find a chief law enforcement office to sign off on your application. If you go with a Trust you don't. Also, if you use a Trust, you can e-file the form 1, otherwise it's paperwork.

So, fill out the form 1, simple. Well, kind of. There are plenty of examples of how to do this online. You need to really focus on the details, if something seems confusing or unclear, the time to resolve it is now, don't just guess.

Hope that helps :)
 
Is it my imagination or was there a time when only out of state pre manufactured sbr would be allowed into WA for NFA registration?
 
The law pertaining to SBRs in WA is available online. It outlines the law as it stood, and how it stands now. It's lawful to acquire and possess an SBR in WA, how you go about it is up to you.
 
Looked up the RCW's for SB 5956 and it appears to be illegal to manufacture SBR's in Washington State for the average civilian. I guess I should have explored this more thoroughly to begin with.

1 AN ACT Relating to short-barreled rifles; amending RCW 9.41.190;
2 and prescribing penalties.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 9.41.190 and 1994 sp.s. c 7 s 420 are each amended to
5 read as follows:
6 (1) Except as otherwise provided in this section, it is unlawful
7 for any person to manufacture, own, buy, sell, loan, furnish,
8 transport, or have in possession or under control, any machine gun,
9 short-barreled shotgun, or short-barreled rifle; or any part designed
10 and intended solely and exclusively for use in a machine gun, short-
11 barreled shotgun, or short-barreled rifle, or in converting a weapon
12 into a machine gun, short-barreled shotgun, or short-barreled rifle; or
13 to assemble or repair any machine gun, short-barreled shotgun, or
14 short-barreled rifle.
15 (2) It is not unlawful for a person to possess, transport, acquire,
16 or transfer a short-barreled rifle that is legally registered and
17 possessed, transported, acquired, or transferred in accordance with
18 federal law.
19 (3) Subsection (1) of this section shall not apply to:
p. 1 SB 5956.PL
1 (a) Any peace officer in the discharge of official duty or
2 traveling to or from official duty, or to any officer or member of the
3 armed forces of the United States or the state of Washington in the
4 discharge of official duty or traveling to or from official duty; or
5 (b) A person, including an employee of such person if the employee
6 has undergone fingerprinting and a background check, who or which is
7 exempt from or licensed under federal law, and engaged in the
8 production, manufacture, repair, or testing of machine guns, short-
9 barreled shotguns, or short-barreled rifles:
10 (i) To be used or purchased by the armed forces of the United
11 States;
12 (ii) To be used or purchased by federal, state, county, or
13 municipal law enforcement agencies; or
14 (iii) For exportation in compliance with all applicable federal
15 laws and regulations.
16 (((3))) (4) It shall be an affirmative defense to a prosecution
17 brought under this section that the machine gun((,)) or short-barreled
18 shotgun((, or short-barreled rifle)) was acquired prior to July 1,
19 1994, and is possessed in compliance with federal law.
20 (((4))) (5) Any person violating this section is guilty of a class
21 C felony.


or transferred in accordance with
18 federal law.
Or does this line mean I can follow federal protocol for manufacture and be legal in Washington State when they clearly list manufacture as a class C felony?
 
People do it. Acquire is being interpreted as acquiring the parts...and following federal law. IE you best not have the actual SBR until you have the tax stamp. In the case of an AR, you can buy the SBR upper, but you can't put it on a standard rifle lower until the lower is NFA registered and engraved.

I am no lawyer and this is oversimplified AND I am somewhat in the same boat.
 
Or does this line mean I can follow federal protocol for manufacture and be legal in Washington State when they clearly list manufacture as a class C felony?
Click to expand...

A form 1 is an approval to make a single unit for your own use, it is not an approval to become a manufacturer. As OilyPablo said, a form 1 is being considered by some as a way to lawfully acquire an SBR in WA. If that seems too close for comfort then a person may be better off using a form 4.

From a practical standpoint, a person who possesses a form 1 SBR in WA has nothing to be concerned about from the feds, they approved it. As far as local LE is concerned, I don't know what probable cause they would have in knowing more about a person's lawfully possessed SBR versus any other gun they may lawfully possess. As with all guns, it pays to be careful.
 
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I work at an 07/02 and the state has told us we can't manufacture SBRs to be sold in the state of Washington. As for Form 1s, that seems to be unclear; the ATF is approving them, but many state LEO officials seem to think it's also illegal for an individual to make an SBR on a Form 1.

So until there is formal official clarification or actual case law on it, a lot of people are having their SBRs made out of state. Some people are shipping the parts to an out-of-state manufacturer who then ships the finished SBR back to their in-state SOT. And some people are simply filing a Form 20 after they get their Form 1 and assembling their SBR across state lines, though I'm not exactly sure how this works from a legal standpoint.
 
but many state LEO officials seem to think it's also illegal for an individual to make an SBR on a Form 1.
Click to expand...

Any examples of actual citations, quotes, public statements etc from LE concerning this?
 
OilyPablo said:
So, say if I have a SBR pistol cal upper and GG lower shipped to Rainier Arms from out of state, they would, for a fee, help me out?

Or anyone else do this?
Click to expand...
A friend is about to have his PS90 transferred to an Oregon NFA manufacturer (Clackamas) who will register it as an SBR and do the conversion. Said friend will then submit a form 4 and, once approved, OR dealer will transfer it to him. When asked, I mentioned I was nervous about receiving an SBR from an out-of-state dealer, but others more in the know than I have said if the OR manufacturer does this routinely, it may be fine. Worst case is the OR manufacturer could transfer it to a SOT in WA. Sorry but that's as close to home as I know about. PM me for dealer contact if interested.
 
I did a SBR for a Uzi. Just filled out the paperwork, had CLE officer sign off, sent in paperwork and $200.00. Got my stamp and ordered the 10" barrel. In MO it wasn't a problem.
 
bikemutt said:
Theohazard said:
but many state LEO officials seem to think it's also illegal for an individual to make an SBR on a Form 1.
Click to expand...
Any examples of actual citations, quotes, public statements etc from LE concerning this?
Click to expand...
Shortly after the new SBR law passed, an official from the Department of Licensing specifically told our shop owner that it was illegal to Form 1 an SBR. They also told us we couldn't sell a PS90 SBR we had assembled in-house.

I think the DoL was confused as to the definition of "manufacturing" when it comes to Title 2 firearms. Due to a complete lack of enforcement, it appears that they've changed some of their positions by now. But as far as I know there have been no official declarations, so many people are afraid of getting in trouble until things are further clarified.
 
I have a question that's been on my mind: Before SBRs became legal to possess in WA, does anyone know if ATF would have approved a form 1 SBR for a WA resident? If it helps to look forward rather than backward, would ATF approve a SBS for a WA resident? (I don't think SBSs are legal in WA). In other words, do the feds look at what is lawful in the the applicant's state of residence before approving the application?
 
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bikemutt said:
do the feds look at what is lawful in the the applicant's state of residence before approving the application?
Click to expand...
I'm fairly certain they do, though I've never tested it or talked to anyone who has.

And that's one of the confusing things about the new SBR law in WA: Some people in the DoL declared Form 1ed SBRs illegal, but the ATF has been approving them since day one.
 
I guess another way to ask the question is, will the feds give an NFA form 1 applicant sufficient rope with which to hang himself? :what:
 
I don't want to set the example of how not to. Two agency's that are looking to hang someone is never a good thing. So who do I call to find out the truth?
Why would DOL have anything to do with NFA?
 
Crawfish1 said:
Why would DOL have anything to do with NFA?
Click to expand...
The DoL regulates firearm dealers and keeps track of state-level firearms transactions, so they're the ones who tell dealers how to follow state firearms laws.
 
I made two SBR's on ATF form 1's shortly after the law went into effect. It only took three weeks for approval. Not really much different than the silencer I made. I listed myself as the maker, used the original serial number and model name on the ATF e-form 1. I engraved my name, city/state and model on the contender barrels that went with the registered frame and for the AR-15 I engraved the mag well.

Ranb
 
ATF currently does not approve SBR manufacture by unlicensed personnel.

SBR Form 1 denied 1/19/2016

Washington state law provides that it is unlawful for any person to manufacture. Wash Rev. Code 9.41.190(1). The law further provides that it is unlawful to assemble or repair any short barreled rifle. ID transfer a short barreled rifle that is legally registered and possessed, transported, acquired, or transferred in accordance with Federal Law.

Wash Rev code 9.41.190(2) permits the possession transport, acquisition, and transfer of a short barreled rifle in Washington. It does not permit their manufacture or assembly by unlicensed persons.

Accordingly ATF cannot approve Form 1 Applications to make short barreled rifles within the State of Washington submitted by unlicensed person.
 
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