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Suppressor/SBR nightmare

Discussion in 'NFA Firearms and Accessories' started by Reloaderharry, Jan 8, 2013.

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  1. Gato Montés

    Gato Montés Member

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    And if it makes the OP feel any better, my suppressor took 6 months from time of purchase to it arriving in the shop, and that is after the shop quoted me around 3 weeks time. Patience is one half of the NFA game, proper communication and trust between dealer and individual is another. If these shops would just explain what is going on a tad bit better I think we could cut down on these panic stricken threads almost entirely (mine included).

    It was nice of them to help you out with the Form 1 though.
     
  2. Aaron Baker

    Aaron Baker Member

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    Actually, I don't think it's all that treacherous of a ground based on the ATF's FAQs that you posted. (Thanks for those, by the way. They're very informative.)

    Let me quote a few of their FAQs to try to illustrate why I think it's okay to transfer the receiver before the stamp comes back.

    (NOTE: I am attorney, but I'm not providing to legal advice to anyone reading this thread, so this is just my opinion and you should be very careful before acting on my opinion.)

    The situation in question is this (at least far as my hypothetical goes): dealer is in possession of a factory SBR'd AR15 on a Form 3. Customer wants to buy the rifle, and fills out a Form 4 and mails it off to the ATF. Before the approved tax stamp arrives, the dealer has the customer fill out a 4473 and transfers the receiver to the customer, minus the short-barreled upper. The customer can then put a long-barrel upper on the receiver while he waits for the stamp. Once the stamp arrives, dealer hands him the short-barreled upper and the transaction is completed.

    According to the ATF:

    So the dealer may transfer a stripped (or unbarreled) receiver to a customer as he would any other Title I firearm because it does not meet the definition of an NFA "firearm" in that configuration.

    But he can't also separately give him the short-barreled upper until the tax stamp is in hand because:

    That's the constructive possession answer. If you have the lower and the upper to make an SBR, you possess an SBR.

    It bears noting that retaining only the bolt doesn't make any difference on an AR15. The lower receiver and the barreled upper are the only parts that matter and cannot be combined without the stamp in hand.

    I do think this answer was really informative:

    The way I read that, the dealer must note that he has sold the receiver on the 4473 when he does it. And he must comply with the NFA statutes, but a bare receiver isn't an NFA firearm.

    Basically, what the ATF is saying is that an SBR is only an SBR when it's configured as an SBR, or when a person has both parts in his possession. So if the dealer transfers the receiver as he must eventually do anyway, he'll note in his book that it's transferred. He doesn't have to do any additional record-keeping related to the NFA in his bound book according to that answer.

    But once he gets the approved Form 4 back, then he can transfer (hand over) the other half (the barreled upper), and the NFA transfer will also be complete.

    Anyway, that's how I analyze the situation. Maybe the ATF would disagree. I'm certainly no expert on reading their minds.

    A letter to the tech branch on this subject would be interesting.

    Aaron
     
  3. kell490

    kell490 Member

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    When I bought my 2 machine guns in 1994 after paying for both I went down to get the Local DA's office to sign off they told me I had to wait 6 months because I had just moved to Arizona. My dealer argued with them a little but I told him not to bother because it would just make more trouble for me. I waited 6 months then we sent it in to ATF that took 7 more months. This all while I had put out $3000 for my 1919 and $1750 for my M16 :) Sounds like nothing now but I was poor then only 25 years old, but I knew things were going up and it was then or never. Your dealer might not be experienced with the transfers so it took him a little longer. The guy I went through had been a class 3 from the 70's he knew what he was doing.
     
  4. Swing

    Swing Member

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    :what:

    Nice timing. :D
     
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