Twist on SBR in NY?

[ctdonath]

Scenario:
I move to Georgia, wait 90 days, and apply to BATFE (with $200 tax) to legally declare my pre-'94-ban AR15 a Short Barreled Rifle (SBR). I then move back (or visit) to NY with it, having only a >16" barrel on it and nothing shorter in the house.
Legal? Federally it's an SBR, but to NY it's just a rifle (being pre-'94) - right?

Variant:
I buy someone's grungy old pre-'94 pistol-registered-receiver AR15-pistol (buffer tube, no stock, <16" barrel). I move back to NY, transfer it via FFL to my NY CCW license. I also have above-mentioned SBR. When out of NY, I swap barrels - making the SBR actually have a short barrel - for fun or need, and swap 'em back before returning to NY.
Legal? While in NY, only the legal barrels are on the appropriately registered (SBR, pistol) receivers; while an illegal configuration is possible, they are only actually in a legal configuration, so this is legal - right?

 

[RRTX]

When you do a Form 1 the receiver is entered into the NFA registry as an SBR, so even if you have a 16"+ barrel on it is still technically an SBR. So if SBR's are illegal in NY, it won't be legal no matter what barrel length you have on it unless it is removed from the NFA registry. Someone correct me if I'm wrong, but that is the way I understand it.

 

[Third_Rail]

Once a class three, always a class three. That's how the BATFE sees it.

 

[Deavis]

Once a class three, always a class three. That's how the BATFE sees it.

Where is our neighborhood SOT when you need him?

 

[dloken]

Actually you can have an SBR removed from the registry and convert it back to Title 1 status.

 

[manhattan23]

ctdonath,

you are correct in your initial analysis.

While, a NFA registered firearm absolves you of any related federal criminal liability. You have to contend with state laws as well.

A NFA registered SBR with a barrel over 16 and OAL over 26 would not be illegal under NY state law as it does not fall under the states definition of a short rifle.

NY State law does not define a SBR as 'a rifle registered as a SBR under federal law'.

NY State firearms must be operable as well. A guy got off on an unlicensed pistol rap because it didn't work. NYC charged him with posession of an imitation firearm instead.

Since you have the NFA stamp, you can posess the registered receiver and the non-attatched short barrel under federal law. Posession of both might be constructive posession under federal law. Under New York State law I believe you can posess any of the parts with no fear. No reason to leave the short barrel at home.

If you take the stock off of your SBR, you may be able to register it as a pistol in NY.

Your post is a little bit hard to follow but..

Scenario 1: No need to avoid posession of the SBR receiver and unattatched barrel at the same time in NY state.

Alternate: This is unnecessary footwork to avoid a non existing legal quandry as outlined in scenario 1.

 

[dloken]

You need the form to move it out of state temporarily from the ATF too, will they even grant one if the destination is a NO state for NFA?

 

[ctdonath]

manhattan:
That's what I figured. NY specifically defines an SBR, so federal registration as one doesn't matter so long as there isn't actually a short barrel on it. I'm still concerned about the "constructive possession" though: since they figure ammo in one hand and empty handgun in the other is "loaded", they'll figure (following BATFE precident) that 10" barrel in one hand and assembled-without-barrel receiver in the other constitutes an SBR.

dloken:
Good catch. I forgot you need to ask BATFE for permission to move your own possessions from one lawfull-possession jurisdiction to another. Not sure they'd buy the "but it won't be an SBR under NY law" argument. I'll have to ask.

 

[Deavis]

they'll figure (following BATFE precident) that 10" barrel in one hand and assembled-without-barrel receiver in the other constitutes an SBR.

M16 parts and an AR-15 = machine gun too Not sure how they prove that but apparently it shoots like all get out!