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Information Please on PS-90 to SBR


Guest USMC-OIF

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Guest USMC-OIF
Posted

I have some questions concerning my PS-90.

First is I want to make it into a SBR with the original 10.3" barrel. From what I have been reading I must register it first, then buy the barrel correct?

Also if I go home on leave and start the paper work and the tax stamp, and then come back to california where I am stationed, is there a "time frame" in which I have to pick the tax stamp up? Seeing it is harder to come home and cordination through the military. It doesnt expire right? And how easy would it be for me to start the paper work and get most of it done within a 2 week peroid?

Your help is much appriciated. Thanks.

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Posted

You are correct you have to do the form 1 and get it back approved before you put a new barrel in or cut the other one down. As far as picking up the stamp you dont have to worry about that ATF will send you one form 1 back (you send them 2 copies) to your home address with the stamp on it.

I think you should be able to get your paperwork done on your two week leave. All you have to do it fill out 2 copies of a form one, put a passport picture on each one. Then get your Chief Law Enforcement Officer (police chief or sheriff) to sign off on it, then fill out 2 Ceritficates of Compliance and send it all to ATF with your $200 and thats it. Then the hard part comes, waiting on ATF.

If you need anything else shoot me a pm. Ill be glad to help you any way I can.

-Jason G

Guest USMC-OIF
Posted

Sorry for my ignorance or maybe my missunderstanding but what is the difference between the 2 form 1's and the certificate of complaince? Or are tehy the same thing? Thanks for the help.

Guest redbarron06
Posted

The form 1 is manufacture of a title II firearm or accessory. The certificate of compliance is a simple statemment that you are a citizen of the US.

You will also need to have the reciever of the rifle engraved with your name, citiy and state.

Being that you are in Cali do you intend on leaving the gun here in TN? If so who with. I am not sure what laws may cover that but it is the officers discression if the gun is found but technicially any person in posssesion of the gun other than you (once the form 1 gets back) can be charged with illegal possession. I would told that this would even apply to my wife if I were to get deployed. The way out of that is through a NFA trust. I am not sure about all of the details of a trust but from what I understand it allows a "group" of people to own the firearm". This could be you and your wife or you and your paretns, children, or whoever. That way anybody on the trust is leagal to be in possession of the gun/item.

You can actually call the ATF (NFA section) and they will send you the entire form 1 packet. It will come with all of the forms, fingerprint cards and so forth. Before you come home you can get everything filled out, photos, fingerprints and so forth. Call your CLEO and ask for his proceedures and mail the packet to him with your local return address. Then hopefull when you show up at home all you have to do is throw a check in and off to ATF the whole things goes.

It has now been 3 months since the ATF cashed my check and I still dont have my stamp. It took them 2 months just to get it into the system. Just letting you know, it would come back quickly.

Just a idea, you might check with your JAG office and see if you can get a trust done for free. A trust would also remove the requirement for the CLEO to sign and the fingerprints. I would think that they could because for deployment they do all kinds of trusts, wills and such. If you wait and get the trust done later you will need to pay the $200 again to have it transfered from your name into the trust.

Guest Traumaslave
Posted

Being that you are in Cali do you intend on leaving the gun here in TN? If so who with. I am not sure what laws may cover that but it is the officers discression if the gun is found but technicially any person in posssesion of the gun other than you (once the form 1 gets back) can be charged with illegal possession. I would told that this would even apply to my wife if I were to get deployed.

Come on, I know how dumb the BATF is but, this is REALLY DUMB!!!! By this logic you could never not have the firearm in question on your person. :)

It must remain at the address stated on your form 1 or in your posession in the stated state. In order to transport out of state, you have to notify the ATF with I don't know what # form.

Guest USMC-OIF
Posted

Ok, so if I did for say go through with this and get the Form 1 and it is completed and use my home of record for the registeration proccess. And I come back to Cali and leave the gun at my home of record, where my parents reside , they could potentally be charged for having the SBR? That is how I understood it please correct me if I am wrong.

Also if that would be the case, does anyone know how the "trust" would work? Would they all have to fill out form 1's too? Sorry for all the questions just need to knwo the facts and answers.... Thanks for the help

Posted

Use the trust. Put all names of anyone you want to be able to have legal possession of the rifle. Skip the signoff, picture, fingerprints, and send in your money.

Engrave the rifle.

Wait.

Get your stamp and have at it.

-Mike

Guest Traumaslave
Posted
And I come back to Cali and leave the gun at my home of record, where my parents reside , they could potentally be charged for having the SBR? That is how I understood it please correct me if I am wrong.
Come on, I know how dumb the BATF is but, this is REALLY DUMB!!!! By this logic you could never not have the firearm in question on your person. :screwy:

It must remain at the address stated on your form 1 or in your posession in the stated state. In order to transport out of state, you have to notify the ATF with I don't know what # form.

I have a SBR stamp and I have a SBR. Why would I leave my family in peril? Go to work, there goes you wife. The ATF has no reason to come looking for that gun and local PD has no reason either. You family can not take it out but, as long as it remains on said address, there is not going to be a problem. I have taken mine to public ranges and had LEOs question the gun itself (make, model) not it's SBR status or ask to see my stamp. You can go the trust route if you want but, there is no need. Fill out the paper work, TAKE it to your CLEO to get signed off on, and mail it to the ATF. Wait. It is that easy. On return, get you work and engraving done.

BTW, I can suggest a great place to have you work and engraving done if needed. No affiliation on my part just a happy customer.

  • 4 months later...
Guest Gun Trust Lawyer- David G
Posted

I have reviewed several JAG trusts and found that they are not valid in Florida because they do not meet the signing requirements imposed 2 years ago. You should make sure your JAG lawyer is licensed in the state where you want to do the trust. Many are not and only operate under Federal rules. That being said, a JAG trust is no better than a Quicken or legal zoom trust and is not appropriate for NFA firearms. If you want some specifics on this email me and I will send you a pdf document explaining why.

dgoldman@guntrustlawyer.com

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