Leaving an SBR at a friend's house?

Status
Not open for further replies.

Mags

Member
Joined
Apr 8, 2009
Messages
3,235
Location
Belgium
What are the legalities of leaving an SBR secured at a friend's house while I'm out of country for the next 4 years?

The SBR would be stored in MY safe at HIS house with a trigger lock only I have a key to.
 
I can't see how a trigger lock is going to cut it. I believe the requirement is that he may not have possession of it. It could be locked in a safe that he cannot access, but not just disabled.
 
So MY safe in HIS house would work providing he does not know the combo?

Anyone have the code on NFA poessession?

As stated in post 5, I certainly don't want to set a friend up for a felony.
 
Mags said:
So MY safe in HIS house would work providing he does not know the combo?

Anyone have the code on NFA poessession?
There is no code on "NFA poessession" that you've not already acknowledged.

A locked safe that only you have the key to kept at the friend's house will keep him from possessing the firearm.

This is the same conditions that folks have to keep their guns under if they live with a felon (it's not brain surgery).
 
Take this matter up with you're C3 dealer, maybe ask if they'll store it for you. Whatever part of the weapon you have registered as a C3 item will have to be accounted for, no matter what configuration it's in.
 
Last edited:
So MY safe in HIS house would work providing he does not know the combo?

Anyone have the code on NFA poessession?

As stated in post 5, I certainly don't want to set a friend up for a felony.
Going by what the "code" says yes but I wouldn't count on this idea holding up in a courtroom.
 
NELSONs02 said:
Mags said:
So MY safe in HIS house would work providing he does not know the combo?

Anyone have the code on NFA poessession?

As stated in post 5, I certainly don't want to set a friend up for a felony.
Going by what the "code" says yes but I wouldn't count on this idea holding up in a courtroom.
Why would Mags situation be any different than the thousands of folks living with felons?

It's the same legal situation - Mags just can't allow anyone (as opposed to the SO in the other case) to possess his NFA item.
 
Mags said:
No not a trust. Also it would not be in it's NFA configuration.

This has me wondering. If the short barrel is not attached or available then is it still treated as an NFA firearm for purposes of who can be in possession?

I've been told by some NFA collector types in the past that they have taken SBRs across state lines with long barrels installed and ATF told them a 5320.20 wasn't needed since it was not in SBR configuration and the part to do so was not taken with the rifle. That would lead one to believe that, though it's still in the NFA database, it's not an SBR when assembled like that. If that's the case it would follow that an NFA firearm not in NFA configuration and no parts to make it that way available would be treated like any other Title 1 firearm for the purposes of this storage discussion.

This is all second hand info and guesses so by no means take it as advice, just wondering out loud if anyone else has heard this line of reasoning.

I would ask ATF in writing if it was OK and see what you get.
 
TR, that is a really good point. I wonder what they'd say? Mags, sounds like a homework assignment for you! Report back to the class what you find! ;)

I would suggest that you find something else to do with whatever short-barreled uppers you do own besides giving them to the friend who will be holding the temporarily-neutered SBR. Heck, even selling them would be a good choice. Short-barreled uppers are easy to replace as an over-the-counter or mail-order sale.
 
This really sounds like a "jury" question. How much does your friend have to bankroll an attorney to win an acquittal?

There is an argument to be made in re; constructive v. actual possession, but don't expect the BATFE to assume your argument is correct & not prosecute your friend. A jury will have to decide that issue so plan on presenting your/his position to a jury if the worst case scenario comes to be. Don't assume it can't happen.
 
I second the notion of writing a letter to the ATF. That's the only way to be sure.

Although of course it makes me sick to think that we have to worry about a federal felony for possessing a barrel that is 2 inches below some arbitrary standard.
 
belercous said:
There is an argument to be made in re; constructive v. actual possession, but don't expect the BATFE to assume your argument is correct & not prosecute your friend.

If the friend doesn't have the keys/combination to the safe where the NFA items are kept, I don't see how there is any constuctive possession. Must people with NFA firearms never have a friend come in to check on their house while they are out of town for fear the friend may be charged due to constructive possession? Must they never leave their spouse home alone?
 
worst case the police search his house- "it's not my safe" do you think that would absolve him from conviction if it contained DRUGS??? not likely, which means similar if it is a weapon
A locked safe that only you have the key to kept at the friend's house will keep him from possessing the firearm.

This is the same conditions that folks have to keep their guns under if they live with a felon (it's not brain surgery).

in someone else's house, while you are out of town for a long period... sounds like a push. What's to stop me from cracking the safe in my house. Sounds like something a judge might get to decide.
 
4 years is a long time, give them up and replace later, or find an nfa person to keep them for you with a signed legal agreement.

Are you going to the military? I lost everything I owned I didnt take with me whe I joined the af and went to Italy.

I lost a lot I toom with me as well.
 
scrood? said:
4 years is a long time, give them up and replace later, or find an nfa person to keep them for you with a signed legal agreement.
It has no bearing on who has tax stamps of their own.

If the NFA weapon isn't in the person's name, they aren't supposed to have access to it. Doesn't matter if the person is Richie Rich and Rich has 1000 NFA weapons of his own.

So long as the holder doesn't have access to it, they're fine.
 
Why would Mags situation be any different than the thousands of folks living with felons?

It's the same legal situation - Mags just can't allow anyone (as opposed to the SO in the other case) to possess his NFA item.
It's not, but we're trying to avoid any and all legal problems that could occur. And in that respect a C3 item left IN THE POSSESSION of a non-licensed civilian could cause major problems should something happen. This whole gun safe idea is STUPID, possession is possession, especially if left for four years. I'm surprise that a NFA item owner would consider such a thing.

Just take the thing to a C3 dealer and they'll store it for you. Yes you'll have to pay them but really, if you have SBR's, suppressors and all that fun stuff you probably don't care.
 
Last edited:
Status
Not open for further replies.
Back
Top