Is there a good place/site to peruse that will provide me with comprehensive information and the steps needed to successfully file with the BATF to SBR a rifle? I've never done it before and don't want to screw anything up and, perhaps, extend the wait. Any help is appreciated.
Wanting to SBR
- Thread starter Adam123
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Here is what I did:
1. Have attorney draft a gun trust
2. Buy stripped lower
3. Buy 10.5" upper
4. Mail lower to someone that knows how to engrave per ATF regulations
5. Wait for the lower to be returned and verify everything looks okay. The name of your trust, city and state should be engraved on the lower
6. Build-out the lower as a PISTOL. Per ATF you can use a standard buffer tube, just take the stock off before attaching the tube to the receiver
7. Attach the upper and test fire your PISTOL to ensure you are happy with it
8. Complete ATF form 5320.1
8a. Check box 1A
8b. Check box (2) Corp or other business entity
8c. In 3b Enter the name and address of your trust
8d. Complete 3d and 3e
8e. In 4a put the original AR lower manufacturer information
8f. In 4b put "Short Barrel Rifle (SBR)"
8g. In 4c put "5.56MM" if that is your caliber etc...
8h. In 4d put the original mfg model as engraved on the lower
8i. In 4e put 10.5" if that is what you bought
8j. In 4f put 31" (if your barrel length was 10.5")
8k. In 4g put the original mfg serial number
8l. In 4h list the other markings on your receiver. I also added: (4.c continued)/.223/9MM/6.5MM/6.8MM/(caliber "Multi")
8m. In 4i enter "Any lawful purpose"
8n. In 4j check "No"
8o. Leave 5 & 6 blank
8p. In 7, sign your name
8q. In 8, print your full name followed by ", Trustee"
8r. In 9 enter date of signature
8s. Answer "No" to everything under question 10 & 11 then stop
9. Print 2 copies of the form. Print page 1 then flip the paper over and print page 2 on the back - Do this twice as you need to mail 2 copies (2 pages printed front to back)
10. Complete ATF form 5330.20. Some folks say you don't need this when doing a trust. I did it anyway. If they don't need it they will trash it. Read the instructions. Print in all upper case and spell everything out. No abbreviations.
11. Create a "Schedule A" (or whatever your attorney called it). This is a list of inventory owned by the Trust. First, fund the trust by transferring $1.00 cash into the trust. Next, add your soon to be SBR to the Schedule A. In the comments column (which I added), I printed "Pending BATFE Approval"
12. Go to the post office and get a money order for $200.00. Make it out to the "Department of Justice". The Money Order should be from your Trust, not you
13. Make a copy of your full Trust and Schedule A
14. Mail the Certificate of Compliance, the 2 copies of form 1, your Trust and the money order to the NFA branch (address on form 1)
15. In ~7 months you'll get one copy of your form 1 returned with a cancelled stamp on it. This is your approval.
16. Reattach your stock to the buffer tube. Rock on!
Notes:
1.Build as pistol so you can use the gun while you wait 7 months.
2.Don't send the paperwork to the ATF until you get the receiver back from the engraver and you have assembled + test fired to ensure everything works, otherwise you have to go back to the ATF should, for example, your lower get lost in the mail or you break the lower while hammering pins in-place.
3. Some folks talk about "constructive possession" of a SBR by having a AR pistol in the home with a stock laying around. This doesn't concern me but if it does you, leave the stock with a friend until you get your stamp.
4. If you don't go the Trust route and register in your own name, you will need: Fingerprints, Chief LEO sign-off (both forms) and passport photos (both forms). The feds will do a background check which might further delay getting approved.
1. Have attorney draft a gun trust
2. Buy stripped lower
3. Buy 10.5" upper
4. Mail lower to someone that knows how to engrave per ATF regulations
5. Wait for the lower to be returned and verify everything looks okay. The name of your trust, city and state should be engraved on the lower
6. Build-out the lower as a PISTOL. Per ATF you can use a standard buffer tube, just take the stock off before attaching the tube to the receiver
7. Attach the upper and test fire your PISTOL to ensure you are happy with it
8. Complete ATF form 5320.1
8a. Check box 1A
8b. Check box (2) Corp or other business entity
8c. In 3b Enter the name and address of your trust
8d. Complete 3d and 3e
8e. In 4a put the original AR lower manufacturer information
8f. In 4b put "Short Barrel Rifle (SBR)"
8g. In 4c put "5.56MM" if that is your caliber etc...
8h. In 4d put the original mfg model as engraved on the lower
8i. In 4e put 10.5" if that is what you bought
8j. In 4f put 31" (if your barrel length was 10.5")
8k. In 4g put the original mfg serial number
8l. In 4h list the other markings on your receiver. I also added: (4.c continued)/.223/9MM/6.5MM/6.8MM/(caliber "Multi")
8m. In 4i enter "Any lawful purpose"
8n. In 4j check "No"
8o. Leave 5 & 6 blank
8p. In 7, sign your name
8q. In 8, print your full name followed by ", Trustee"
8r. In 9 enter date of signature
8s. Answer "No" to everything under question 10 & 11 then stop
9. Print 2 copies of the form. Print page 1 then flip the paper over and print page 2 on the back - Do this twice as you need to mail 2 copies (2 pages printed front to back)
10. Complete ATF form 5330.20. Some folks say you don't need this when doing a trust. I did it anyway. If they don't need it they will trash it. Read the instructions. Print in all upper case and spell everything out. No abbreviations.
11. Create a "Schedule A" (or whatever your attorney called it). This is a list of inventory owned by the Trust. First, fund the trust by transferring $1.00 cash into the trust. Next, add your soon to be SBR to the Schedule A. In the comments column (which I added), I printed "Pending BATFE Approval"
12. Go to the post office and get a money order for $200.00. Make it out to the "Department of Justice". The Money Order should be from your Trust, not you
13. Make a copy of your full Trust and Schedule A
14. Mail the Certificate of Compliance, the 2 copies of form 1, your Trust and the money order to the NFA branch (address on form 1)
15. In ~7 months you'll get one copy of your form 1 returned with a cancelled stamp on it. This is your approval.
16. Reattach your stock to the buffer tube. Rock on!
Notes:
1.Build as pistol so you can use the gun while you wait 7 months.
2.Don't send the paperwork to the ATF until you get the receiver back from the engraver and you have assembled + test fired to ensure everything works, otherwise you have to go back to the ATF should, for example, your lower get lost in the mail or you break the lower while hammering pins in-place.
3. Some folks talk about "constructive possession" of a SBR by having a AR pistol in the home with a stock laying around. This doesn't concern me but if it does you, leave the stock with a friend until you get your stamp.
4. If you don't go the Trust route and register in your own name, you will need: Fingerprints, Chief LEO sign-off (both forms) and passport photos (both forms). The feds will do a background check which might further delay getting approved.
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If you don't do a Trust and do it in your own name, you'll need:
1. To get fingerprinted
2. Sign-off by the Chief LEO in your city
Then the feds will actually conduct a background check which will likely take longer than the current 7 month waiting period.
1. To get fingerprinted
2. Sign-off by the Chief LEO in your city
Then the feds will actually conduct a background check which will likely take longer than the current 7 month waiting period.
wally
Member
Also two "passport" photos for box 12 on the back of each form.
zignal_zero
Member
Wow, that's one heck of a tutorial, good lookin out, man 
appreciated by more than just the OP.
Just to let y'all know, I did one thing a little different and it had no effect - I did NOT list the item I was teansfering in my "schedule A" at all. I sent them a copy of my entire trust which included my Schedule A. My schedule A had (and still has) 2 knives and 1 sword, but I did not add the M11/9 until after they approved the transfer. So, I guess it will work either way
appreciated by more than just the OP.
Just to let y'all know, I did one thing a little different and it had no effect - I did NOT list the item I was teansfering in my "schedule A" at all. I sent them a copy of my entire trust which included my Schedule A. My schedule A had (and still has) 2 knives and 1 sword, but I did not add the M11/9 until after they approved the transfer. So, I guess it will work either way
Thanks zignal_zero.
In my research I found a post here or on another board regarding the schedule A stuff. It does sound like each ATF / NFA processor has their own standards to some degree and I base this only on the anecdotal information I have read here and elsewhere. Cheers!
In my research I found a post here or on another board regarding the schedule A stuff. It does sound like each ATF / NFA processor has their own standards to some degree and I base this only on the anecdotal information I have read here and elsewhere. Cheers!
Charger442
Member
the background check isnt what takes the time. should be the same background check for an individual as for a trust. the wait time is becuase of the backlog of transfers. and FYI, its at around 5 months in some places, 6 months in most places. and 4.5 months on form 4s and form 1s on some of us select few.
justice06rr
Member
IIRC the lower does not have to be engraved as an SBR. Can you post the link that states this? I could be wrong, but I thought the lower does not have to be specifically marked as an SBR lower because the SBR lower can always be used for another AR15 rifle.
Thanks for the info
wally
Member
The lower needs to be engraved because you are "manufacturing" an SBR by mounting a barrel less than 16". As the "maker" your name and city/state needs to be engraved on the part that is legally the gun.
Charger442
Member
Atf regs state on a Form 1 you have to engrave. SBR, SBS, and can are the same way
I just received my stamp from the ATF (see post #2 in this thread).
SBR. NFA Trust. State of MN.
Mailed to ATF on 07/20/2012.
Stamp dated 01/19/2013 (a Saturday??).
Received in the mail on 01/25/2013.
Having trouble selecting optics. Too many options but I can deal w/ that.
SBR. NFA Trust. State of MN.
Mailed to ATF on 07/20/2012.
Stamp dated 01/19/2013 (a Saturday??).
Received in the mail on 01/25/2013.
Having trouble selecting optics. Too many options but I can deal w/ that.
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