SBR a Pistol?

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gaptrick
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SBR a Pistol?

Post by gaptrick »

Can I SBR an AR that is born as a pistol?
Unarmed people are vulnerable people, and criminal predators prey upon them.

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Re: SBR a Pistol?

Post by JustaShooter »

Pretty sure that's how many of them are born - especially the first SBR an individual obtains.
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gaptrick
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Re: SBR a Pistol?

Post by gaptrick »

Isn't it once a pistol, ALWAYS a pistol, or is that something else?
Unarmed people are vulnerable people, and criminal predators prey upon them.

AWRHawkin


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Man, we need to get lives."
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Re: SBR a Pistol?

Post by jeep45238 »

Almost every sbr these days first existed as a pistol.
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Re: SBR a Pistol?

Post by JustaShooter »

gaptrick wrote:Isn't it once a pistol, ALWAYS a pistol, or is that something else?
That's something else. In fact, according to some ATF guidance letters I've seen, you can take a firearm that was originally a pistol and make a rifle from it and change it back again, but you can't take a firearm that was originally a rifle and do the opposite. You see folks looking for Thompson Center Contender and Encore frames that started as a pistol for this very reason. No, it doesn't make any sense, but then, neither does most, if any, of the NFA rules.
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Re: SBR a Pistol?

Post by Bruenor »

gaptrick wrote:Can I SBR an AR that is born as a pistol?
Yes, I just completed my AR Pistol to SBR conversion this past weekend. The form 1 that I filed electronically in June of 2016, finally came back from the ATF last week. I engraved the receiver this past weekend, and then mounted the butstock. I put a copy of the Form 1 inside the Pistol grip of the SBR so it will always be with the firearm.
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gaptrick
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Re: SBR a Pistol?

Post by gaptrick »

And without a trust, the stamp and gun is buried with me, correct?
Unarmed people are vulnerable people, and criminal predators prey upon them.

AWRHawkin


"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
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Re: SBR a Pistol?

Post by JustaShooter »

As I understand it, if you have a will that specifies the disposition of your NFA items, then the items would transfer Tax Free on a Form 5 to those individuals identified in the will. The responsibility to administrate the transfer's would fall to the executor of the will. No CLEO signoff is required for form 5 transfers.

I am *not* an NFA expert so if I'm wrong, someone please correct me...
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Re: SBR a Pistol?

Post by djthomas »

JustaShooter wrote:I am *not* an NFA expert so if I'm wrong, someone please correct me...
I don't think you're wrong. I'll just add a caution - the presence of NFA items really needs to be known to your executor before you die and the executor needs to understand the procedures, or be able to quickly hook up with someone who does. While NFA items can be transferred tax free, and the executor can possess them for a reasonable period of time to settle the estate, they have to go through the process you described. They're not like all the other guns in Uncle Bill's collection where Cousin Larry gets first dibs, Cousin Sue gets second dibs, and that's that.

Many estates are settled casually and amicably by the family and for everyday items that's perfectly fine. Dealing with NFA items is not a big deal per se - it's just some paperwork - but they are a hornets nest if dealt with improperly. If the executor doesn't understand the ins and outs of the NFA rules they need to consult with an attorney at the estate's expense. Again, ideally that conversation takes place before the NFA owner kicks the bucket.

I know of one local case where a guy had a WWII-era machine gun left to him by his dad, among other normal guns. He wasn't in to guns but he didn't really want to sell them either so he put them in his attic. A few years later his house was burglarized and the guy got all the guns out to inventory what was taken. Thankfully no guns were taken. The officers taking the burglary report noted the gun was an automatic and asked if he had the paperwork for it. The guy quickly ran upstairs and came back with a copy of his dad's will that stated all the firearms in his collection were being left to his son and the NFA paperwork his dad got in 1968 when he registered the gun, but nothing registering it to his son.

Long story short, the officers took the machine gun and contacted the ATF for guidance. The ATF told the guy to get an attorney skilled in estate planning and NFA items (and even recommended a few off the record) and call them back. It took about a year but they had to reopen his dad's estate and file the Form 5. When that came back approved the ATF told the locals they could release the gun back to him. It worked out well except that the guy had to pay for the attorney because at that point the estate had no money, and of course the guy had a year of stress and uncertainty hanging over his head concerning a pretty serious federal crime. All of which could have been avoided with a little foresight.
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gaptrick
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Re: SBR a Pistol?

Post by gaptrick »

Wow... Thanks all.

I think I'll just take it with me...
Unarmed people are vulnerable people, and criminal predators prey upon them.

AWRHawkin


"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
MWSY
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