My brother wants to SBR a CZ Scorpion Evo 3

[Crawfish1]

Like the title says he wants to SBR the Scorpion.

Here is the catch ... he lives in WA State with all of their crazy interpretations.

Can he send it out to say Idaho and have a class three make it into a SBR then reimport it into WA?

If so can he keep his pistol until the stamp comes in for the SBR?

How should he go about this in a proven legal manner?

I tried reading the WA State law and it seems you can own but not build

 

[yugorpk]

He could do that. It would take less time to do it in state since he wouldnt have to form 3 it back to an in state dealer. Basically he's going to transfer it to an out of state dealer ( 02/07 SOT ) who will then form 3 it to a dealer in Washington who will form 4 it to him. Just like buying the gun all over again. Everyone gets a cut.

 

[Theohazard]

Can he send it out to say Idaho and have a class three make it into a SBR then reimport it into WA?

A Class 3 SOT can't manufacture NFA firearms, he'd have to find a Class 2. Currently Class 2 SOTs can manufacture in state, all your brother has to do is find a local shop that has a Class 2 SOT and they can build it into an SBR and transfer it back to him on a Form 4. Keep in mind that he needs to give them a stock too; you can't manufacture an SBR on a Form 2 if you don't have the minimum amount of parts that are required to make an SBR.

The law legalizing SBRs here in WA in 2014 was very poorly written. First, the ATF interpreted it as allowing any various ATF forms involving SBRs that were in accordance with federal law. Then the state DoL got together with the ATF and decided that Form 1s were illegal, but Class 2 SOTs manufacturers making SBRs under Form 2s were just fine. At some point during this time, some people in the ATF misread the law and decided that in-state Class 2 manufacturers couldn't make SBRs and sell them to anyone but law enforcement, but they were overruled by others in the ATF.

Current DoL and ATF interpretation of the law is that individuals can't make SBRs under a Form 1, but Class 2 manufacturers can make SBRs using a Form 2. So currently there are a bunch of in-state manufacturers who will take your parts and manufacture them into an SBR for you. Many won't do it because they're waiting for the law to be clarified, but it's considered legal by both the DoL and the ATF at the moment. I've heard there's a bill in the state legislature that would make it very clear that manufacturing an SBR under a Form 1 or Form 2 is perfectly legal, but I don't know how likely it is to be signed by the governor.

If so can he keep his pistol until the stamp comes in for the SBR?

No, whether it's in-state or out of state, the SOT needs to keep the all the parts required to make it into a legal SBR while they wait for the Form 4 to clear.

 

[pjeski]

If he chooses to register it as an individual, an out of state SOT manufacturer can transfer the SBR directly back to him without going through an in state SOT. I don't know why a trust can't do the same, and the only place I've found that a trust can't in writing is on TROS's web site.

 

[yugorpk]

If he chooses to register it as an individual, an out of state SOT manufacturer can transfer the SBR directly back to him without going through an in state SOT. I don't know why a trust can't do the same, and the only place I've found that a trust can't in writing is on TROS's web site.

I dont know about that. He's not form 1'ng it. If that were the case it wouldnt be a problem. Form 1 it, engrave, send to an SOT for the work. State law interpretations prevent him from filing a form 1 so it has to be an SOT manufactured item. If going out of state I think he's going to have to treat it like a new SBR coming in on a form 3 to his local dealer.

 

[pjeski]

I dont know about that. He's not form 1'ng it. If that were the case it wouldnt be a problem. Form 1 it, engrave, send to an SOT for the work. State law interpretations prevent him from filing a form 1 so it has to be an SOT manufactured item. If going out of state I think he's going to have to treat it like a new SBR coming in on a form 3 to his local dealer.

I should have been clear that I don't know about WA or its laws, but the ATF will allow you to send a firearm to a SOT mfg. in another state and have it returned to you (as an individual) as an SBR on a form 4 without going through a dealer in your own state.

 

[kimberkid]

A friend of mine that moved to the great Northwest moved to Oregon instead of Washington because of its gun laws. I believe Washington is a non-NFA state, so just being in possession of it in SBR form is illegal ...

CZ is coming out with a carbine version of the Scorpion, so if he lives in a non-SBR state he may just want to wait on one of those ... That being said, unless they do something different with the hand-guard it will look odd like the 16"barrel on the HK 94 ... like the MP5 the Scorpion is perfection with the short barrel or SBR'd

​

 

[yugorpk]

You can have everything except for machine guns and short barrel shotguns in Washington. I own several SBR's and silencers .

Taxes are too high in Oregon and the level of bureaucratic incompetence at the state and local levels in governance and education is staggeringly high . Hard place to live even with machine guns.

 

[Theohazard]

I believe Washington is a non-NFA state

Uh oh, thanks for telling me. I have 3 silencers and one AOW, and I'm waiting on the tax stamps for my 4th silencer and my first SBR. It's a good thing I found out now that I live in a non-NFA state; I wouldn't want to get in trouble for having 6 NFA items.

A friend of mine that moved to the great Northwest moved to Oregon instead of Washington because of its gun laws.

I don't understand where this rumor about WA gun laws came from. Back in 2012 I moved from Texas to Washington, and I was surprised to learn that overall WA actually had better gun laws than TX. Primarily this is due to WA's excellent carry laws. We're one of the first shall-issue states, and we can carry virtually everywhere without issue.

Since I moved to WA, we passed a law legalizing SBRs and also a UBC law. I'm not a fan of the UBC law, but it's almost entirely unenforceable and it barely puts a dent in the fact that WA is still an excellent place to be a gun owner.

 

[kimberkid]

Uh oh, thanks for telling me. I have 3 silencers and one AOW, and I'm waiting on the tax stamps for my 4th silencer and my first SBR. It's a good thing I found out now that I live in a non-NFA state; I wouldn't want to get in trouble for having 6 NFA items.

I don't understand where this rumor about WA gun laws came from. Back in 2012 I moved from Texas to Washington, and I was surprised to learn that overall WA actually had better gun laws than TX. Primarily this is due to WA's excellent carry laws. We're one of the first shall-issue states, and we can carry virtually everywhere without issue.

Since I moved to WA, we passed a law legalizing SBRs and also a UBC law. I'm not a fan of the UBC law, but it's almost entirely unenforceable and it barely puts a dent in the fact that WA is still an excellent place to be a gun owner.

Yeah, I believe yugorpk already cleared that up ... I don't know where the rumor started either, I was just relating what a friend of mine told me 3-4 years ago ... He said he disposed of his NFA items before he moved because of what he had heard, then after a couple months he settled in Oregon instead ... Maybe it was just an excuse. Thanks for the correction to you both.