General Categories > The NFA Corner
First Form 1 & First SBR
whatsit:
I'm considering starting a Form 1 to create an SBR built on the AR platform. I'm not sure I understand the process. If someone who has done this could clarify a few things, I would appreciate it:
1) Form 1 requires you write down the overall length and barrel length. I don't have all of the parts as it would be illegal to assemble anything, at this point. How do I measure / guestimate the overall length? Also, I've read that you can put a longer barrel on, but can't go shorter than what you write on your Form 1, is that true?
2) I need to purchase a lower receiver for this project so I can put a serial number on the Form 1, right? I need the lower before I fill out the Form 1, right?
3) What's all this business about using it as a "pistol" until the stamp comes back? Do I have to buy the lower in a special way for it to be considered a pistol? Can you just buy a plain-ol' lower and a pistol buffer tube and call it good?
4) I've seen a thread asking about NFA engraving before, but I can't find it. Anyone have a good shop that can engrave to NFA standards and re-anodize that part of the lower?
Thanks in advance for departing your wisdom. :)
jonm:
measure a 16" are, then subtract for desired barrel length. it doest really matter if you go shorter than what on the form 1 as long as you maintain the upper that's on the there. if you sell the upper listed on the form 1 I'd call batfe and update.
yes, you must have a lower before the form 1 is filed
any stripped lower can be assembled as a pistol. but if it was once a rifle, it can never be a pistol.
CitizenClark:
--- Quote from: whatsit on September 30, 2013, 10:16:35 PM ---I'm considering starting a Form 1 to create an SBR built on the AR platform. I'm not sure I understand the process. If someone who has done this could clarify a few things, I would appreciate it:
1) Form 1 requires you write down the overall length and barrel length. I don't have all of the parts as it would be illegal to assemble anything, at this point. How do I measure / guestimate the overall length?
--- End quote ---
I had it easy with my first SBR, a Kel-Tec PLR-16. With the addition of a Charlie stock it had the same overall length as an SU-16D. For an AR SBR, just do some research on overall lengths with different barrel dimensions.
--- Quote ---Also, I've read that you can put a longer barrel on, but can't go shorter than what you write on your Form 1, is that true?
--- End quote ---
http://blog.princelaw.com/tag/sbr-sbs-changing-barrel-length-barrel-length-short-barreled-rifle-short-barreled-shotgun-modify-atf-batfe-form-1-form-4/
--- Quote ---2) I need to purchase a lower receiver for this project so I can put a serial number on the Form 1, right? I need the lower before I fill out the Form 1, right?
--- End quote ---
Yes, you should acquire the lower first (unless you are building from scratch).
--- Quote ---3) What's all this business about using it as a "pistol" until the stamp comes back?
--- End quote ---
Generally speaking, if you possess a bunch of parts that can only be assembled as an NFA firearm, and you don't yet have approval on a Form 1, the ATF would assert that you are in unlawful possession of an unregistered NFA firearm, based on the concept of "constructive possession."
Some people want to go ahead and assemble as much as they can so they have a working firearm while they wait on the stamp. Some people just want to be able to legally possess the shorter upper half before the stamp arrives. These folks build up their lower with a pistol buffer and no stock so that they can legally possess and use the short-barreled upper while they wait for the gears to turn at NFA branch.
--- Quote ---Do I have to buy the lower in a special way for it to be considered a pistol?
--- End quote ---
As long as it has never been assembled into a rifle, you should be good to go if you want to build a pistol. If the lower has first been assembled as a rifle, and then you make a pistol from it, you have manufactured a short-barreled weapon made from a rifle, and that is a no-no. ("[A weapon is] a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length")
--- Quote ---Can you just buy a plain-ol' lower and a pistol buffer tube and call it good?
--- End quote ---
You can just buy a plain ole rifle buffer assembly and call it good if you don't plan on possessing or using the short upper half before the stamp arrives.
bkoenig:
Better do it soon if you live in Lancaster County. With the upcoming changes to trusts it's going to get a lot harder to acquire NFA items in places where the CLEO refuses to sign off.
RobertH:
every day you wait to send off the forms, the longer your wait is going to be.
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