SBR

[Guest dakota.d]

Im about to build a SBR and have no clue where to start with paperwork or what i need to do to get the ball rolling. Im in Williamson county, whats the steps I need to take with doing this build? I also want to put a suppressor on the build. Its going to be an AR 15 in 5.56. So what steps do i have to take? Im not gonna sell the gun, its going to be passed down to my son. I have seen post about a trust, whats that about? Any and all help is appreciated. Thanks to all and have a Merry CHRISTmas

[TMF]

http://www.tngunowners.com/forums/class-iii-nfa-firearms-accessories/6890-nfa-guide-what-you-need-know-about-class-iii-firearms.html

http://www.tngunowners.com/forums/class-iii-nfa-firearms-accessories/54316-law-firm-attorney-middle-tn-nfa-trust.html

http://www.tngunowners.com/forums/class-iii-nfa-firearms-accessories/50120-trust-worth.html

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-3.pdf

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-6.pdf

3.2.3 Registration by makers. Persons other than FFLs and SOTs desiring to make an NFA firearmare required to first register the firearm by filing Form 1 with ATF and obtaining approval of the formand registration of the firearm. Appendix C contains a copy of the form. ATF will approve a makingapplication on Form 1 if the maker pays the $200 making tax required by the NFA, identifies the firearmas the form requires, includes his/her fingerprints and photographs if the maker is an individual, and ifthe making and the maker’s possession of the firearm would not place the maker in violation of anyFederal, State or local law.34 A law enforcement certification is also required if the maker is anindividual. Note also that ATF will not approve the making of a machinegun it determines wouldviolate 18 U.S.C. 922(o). Section 922(o) generally prohibits the possession of machineguns

manufactured on or after May 19, 1986.

CHAPTER 6. MAKING NFA FIREARMS BY NONLICENSEE

Section 6.1 Requirements for making NFA firearms. Persons not otherwise prohibited frompossessing firearms may submit an application to make an NFA firearm, other than a machinegun.93

The application process requires submission of ATF Form 1, Application to Make and Register aFirearm, in duplicate, along with FBI FD-258, Fingerprint Card, in duplicate, and payment of the $200making tax. Appendix C contains a copy of Form 1.

Section 6.2 Preparation of Form 1. Every person (other than a licensed manufacturer who has alsopaid the required SOT to manufacture NFA weapons) must complete the Form 1.94 Two identicalcopies of the application must be prepared. All entries must be made in ink. All required signaturesmust be original and entered in ink. Photocopies or other facsimile or carbon copy signatures are notacceptable. Under no circumstances will a form filled in by use of a lead pencil be accepted. Allchanges made on the form must be initialed and dated by the applicant.

6.2.1 Description of firearm. If an existing firearm or firearm receiver is being used, the name andlocation of the original manufacturer of the weapon should be entered in Block 4(a). If the applicant ismaking a completely new firearm, the applicant’s name and location should be entered in Block 4(a).The type of firearm being made, i.e., short barrel rifle, short barrel shotgun, any other weapon, silenceror destructive device, is to be entered in Block 4(

. The caliber or gauge of the firearm is to be enteredin Block 4©. If a model designation has been assigned to the firearm, that designation is to be placed inBlock 4(d). If the weapon has no model designation, enter “none” in Block 4(d). The length of thebarrel is to be entered, in inches, in Block 4(e) and the overall length of the firearm is to be entered, ininches, in Block 4(f).All NFA firearms must be identified by a serial number and other specified markings95. If an existingfirearm is being used in the making of the NFA weapon, and that firearm is serialized, the existing serialnumber should be used (unless it duplicates a serial number already used by the maker on Form 1) andentered in Block 4(g). If the weapon is of new manufacture, the applicant must assign a unique serialnumber and enter it in Block 4(g). For example, a unique serial number could be composed of at least 4digits preceded by the initials of the maker. NOTE: alpha characters, e.g., a name, will not be acceptedas a serial number. If a name is to be used, there must be at least one numeric character in addition tothe alpha characters.The serial number must be engraved or stamped on the receiver of the firearm and the caliber, model,and identification of the maker must be engraved on the barrel or frame or receiver of the weapon.96 Themarking and identification requirements for a maker are the same as for a manufacturer. Refer tosection 7.4 for a detailed discussion of the requirements.

93 18 U.S.C. 922(o)

94 26 U.S.C. 5822

95 27 CFR 479.102

96 Ibid

37

6.2.2 Photograph of applicant. An unmounted photograph of the applicant approximately 2 x 2 inchesand taken within the past year must be affixed to the indicated space on each copy of the application.The photograph must be original. Photocopies of photographs are not accepted.

6.2.3 FBI Form FD-258, fingerprint card. A completed Form FD-258 containing the fingerprints ofthe applicant must be submitted in duplicate with the Form 1. The fingerprints should be taken bysomeone qualified to do so and must be clear, unsmudged and classifiable. The person taking thefingerprints must also enter the identification data regarding the applicant and must complete thefingerprint cards by signing as the person taking the fingerprints. NOTE: If the fingerprint cards are notproperly prepared or the fingerprints are not legible, the application cannot be acted upon. If thissituation occurs, ATF will contact the applicant for a new set of fingerprint cards.

6.2.4 Law enforcement certification. As provided by the regulations, the law enforcementcertification located on the back of Form 1 must be completed and signed by the local chief of police orcounty sheriff, the head of the State police, the State or local district attorney or prosecutor, “or suchother person whose certificate may in a particular case be acceptable to the Director.”97 Examples ofcertifying officials, other than those specifically mentioned in the regulations, who have been found tobe acceptable are State attorneys general, heads of district State police offices and certain State courtjudges. Judges’ certifications have been accepted if the judges preside over courts of generaljurisdiction having original jurisdiction in all civil and criminal cases or the authority to conductcriminal jury trials in felony cases. Generally, State magistrates and constables do not have suchauthority. NOTE: no official’s certification will be accepted unless the official has jurisdiction over theplace where the applicant resides. The signature on each copy of the certification must be an originalsignature in ink. NOTE: if the Form 1 being submitted is to reactivate a properly registeredunserviceable firearm, the law enforcement certification is not required. See Section 6.6.

6.2.4.1 What if the proposed maker is unable to find any official in his or herjurisdiction willing to sign the law enforcement certification? The inability to find anyofficial to sign the certification will not excuse the requirement for the certification. In thatevent, the proposed maker will not be able to obtain an approved Form 1 to lawfully make anNFA firearm.Section 6.3 Submission of Form 1. The completed Form 1, in duplicate, with fingerprint cards,photographs of the applicant, and payment of the $200 making tax should be mailed to:National Firearms Act BranchBureau of Alcohol, Tobacco, Firearms and Explosives244 Needy RoadMartinsburg, West Virginia 25405Payment of the making tax is to be in the form of a check or money order payable to the Bureau ofAlcohol, Tobacco, Firearms and Explosives.

6.3.1 State permit or license for possession of an NFA weapon. If the applicant’s state of residence

97 27 CFR 479.63

38requires a permit or license for the possession of an NFA weapon before the applicant takes possession,a certified copy of the license or permit should be submitted with the Form 1 application.

Section 6.4 Approval of Form 1. Non-FFL/SOT’s may seek approval to manufacture an NFA firearm(e.g., short-barreled rifles, short-barreled, shotguns, wallet guns, etc.) via submission of an ATF Form 1.Upon receipt of the completed Form 1, ATF will process the application and, if approved, a tax stampwill be affixed to the original of the form and the approved application will be returned to the applicant.Approval by ATF will effect registration of the firearm to the applicant. Upon receipt of the approvedapplication, the applicant may make the firearm described on the approved Form 1. The approved formmust be retained by the applicant and made available at all times for inspection by ATF officers orinvestigators. Note: Under no circumstances may the firearm in question be made prior to receipt ofthe approved Form 1.

The approval of the Form 1 application authorizes the applicant to make the firearm. The approval doesnot authorize the applicant to convey or ship the firearm to another person to manufacture the NFAfirearm. If another person will manufacture the NFA firearm, the other person would be the maker andthe application must be submitted by that person. Subsequent to the making, the firearm could then betransferred, subsequent to an approved Form 4 application, to the person who wanted the modification tobe made.If the applicant on the Form 1 lacks the skill, ability, and/or equipment to manufacture the NFA firearm,the applicant, after receipt of the approved Form 1, can have the firearm created or modified at apremises other than shown on the approved Form 1 as long as the creation or modification was doneunder the direct oversight of the applicant, thus having the applicant retain custody and control of thefirearm. If the location is outside the applicant’s State and the firearm being made is a short barreledrifle, short barreled shotgun, destructive device, or an unserviceable machinegun which is beingreactivated, the applicant will also need to request permission to transport the firearm interstate asrequired by 27 CFR 478.28.

Section 6.5 Disapproval of Form 1. If the submitted application is disapproved, ATF will advise theapplicant, provide a reason(s) for the disapproval, and return the making tax payment.

Section 6.6 Reactivation of a registered unserviceable NFA firearm. The Form 1 may be used toreactivate a properly registered unserviceable firearm, including registered unserviceable machineguns.Block 4(i) of the form should indicate that a registered unserviceable weapon is being reactivated. Theremainder of the form should be prepared and submitted with the making tax in the same manner asdescribed above except that a law enforcement certification is not required. The existing serial numberon the unserviceable firearm should be used. If the reactivation will be performed by a Class 2manufacturer, see Chapter 7 for additional information.

Section 6.7 Incorrect Description of Firearm. If the original registration document for theunserviceable firearm contains incorrect descriptive information for the weapon, a letter should bewritten to the NFA Branch providing the proper description and/or indicating what portions of thedescription need to be changed. The letter should contain photographs of the actual markings on thefirearm. If a correction of the recorded serial number is needed, a photograph or pencil rubbing of theserial number is required. ATF will provide a response indicating that the NFRTR has been amended to39reflect the correct information. This confirmation from ATF should be retained with the registrationdocument for the firearm.

Section 6.8 Withdrawal or Cancellation of an ATF Form 1 and Refund of Making Tax. The Form1 applicant may withdraw the application by submitting a request, in writing, to the Chief, NFA Branch.The applicant may also cancel an approved Form 1 application by submitting a request, in writing, to theChief, NFA Branch. The request for cancellation must state that the firearm was not made and mustinclude the approved Form 1 with the stamp affixed. The NFA Branch will amend the NFRTR to reflectthe withdrawal or cancellation of the application and arrange for the refund of the making tax. A requestfor cancellation may only be done if the firearm has not already been manufactured. If the firearm is

made, the tax liability is incurred and the applicant cannot seek a cancellation.

[TMF]

Step 1: Read thouroughly the information above and save links to ATF website.

Step 2: Make two copies (front and back) of Form 1. Form 1 has two sides so make sure to print it in that manner.

Step 3: Fill out Form 1. Use recent Passport style photo. If you don't have one go to Walgreens and get at least two photos. (When you're ready to fill out Form 1 make sure to ask someone here who has done it here before for help if you aren't clear on what to enter in some of the blocks)

Step 4: Go to Sheriff's Dept. Get fingerprinted. Drop off Form 1 with Secretary. Wait for Sheriff to sign.

Step 5: Pick up documents from Sheriff's Dept. Put two fingerprint cards (done by your local law enforcement), two x Form 1 w/ photo attached and $200 check or MO. Send to address on ATF website:

National Firearms Act Branch Bureau of Alcohol, Tobacco, Firearms and Explosives

244 Needy Road

Martinsburg, West Virginia 25405

Payment of the making tax is to be in the form of a check or money order payable to the Bureau ofAlcohol, Tobacco, Firearms and Explosives

Step 6: Wait.

Step 7: Keep waiting.

Step 8: Receive stamp in mail.

Step 9: Purchase items and build SBR.

Step 10: Post pictures.

Step 11: Go broke feeding SBR.

[Photoguy67]

Agreed with steps on forms. Only question I have is OP stated he also wanted a suppressor. Can he file 2 form 1s at the same time for the same build along with $400 dollar payment of course.

[gjohnsoniv]

I hope you don't mind if I jump in on this thread as well. I have also been wanting to make a short barreled rifle, but can that be done at 19, off of the form I? I talked to my local gun store owner and he said that he wasn't really sure, and the opinions online vary.

[Johnny Rotten]

Let me throw in my 2 cents.

If you plan on getting on the NFA band wagon, I would suggest doing a trust, you will spend a couple $100 bucks to lawyer up, it's worth every penny, once it's complete you'll save time by side steping photo's, finger print cards, CLEO signatures and FBI back ground checks ( this will save you 2-4 wks alone).

You can get a F1 off the ATF website, fill it out, double and triple check, make sure it's ALL complete, send it with your $200 check to WV, if you buy a suppressor you will most likly buy that from a dealer and that will be on a F4, same as above but your F4 will go to Alanta and $200 more for that stamp.

I wish I knew about trusts when I started, I have individule stamps, what that means is I have to be present at all times with any of my NFA items, trusts anyone listed on the trust can use those items whenever they want to, but I think you must be 21 to be on it.

As mention above be prepaired to wait, my last F3 transfer into the state took 7wks, then the F4 took 4.5 months to get approved.

gjohnson 2 more yrs buddy

Hey this is my first post on the TGO!!!

[sigbrown1297]

DakotaD, I did my AR15 SBR with a trust. I would recommend doing it that way so you don't' have to worry about the hassle of getting a LEO to sign off. Just go to best buy and buy quicken will maker and write your trust. takes less than an hour. After its completed, get it notarized. Your bank will probably have a notary there that will do it for free. If you need addition help, send me a PM and I can try to help. the hardest part if the wait. Good luck

[Stegall Law Firm]

With ages, it's 18 to get in, 21 to party. You can possess at 18 but can't buy til 21. However you can make one if you're between 18 and 20, so you're good gjohnson.

[Johnny Rotten]

With ages, it's 18 to get in, 21 to party. You can possess at 18 but can't buy til 21. However you can make one if you're between 18 and 20, so you're good gjohnson.

I stand corrected, you are correct.

NFA at age 18

Federal law does not impose a 21-year-old age restriction on the possession of NFA firearms. The age restriction concerns transfers and applies only when a person buys NFA from a licensee. At 18 years old (provided state and local law do not impose added restrictions), federal law allows a person (using an individual, trust, or corp route) to 1) make NFA items via Form 1. 2) buy NFA items via Form 4 FROM A PRIVATE UNLICENSED CITIZEN of his or her state.

The ONLY thing an 18-year-old cannot do is purchase NFA from dealers or other FFL-licensed individuals.

[Hershmeister]

Don't forget to include a form 5330!

http://www.atf.gov/forms/download/atf-f-5330-20.pdf

[gjohnsoniv]

Another question I have is over the lower. If I build an sbr, can I put a non-sbr upper on it, or does the short barrel upper have to stay on the short barrel lower? In other words can I use my existing lower and have it engraved after the paperwork comes back, but also use it for my 20" barrel upper?

[Guest nysos]

Another question I have is over the lower. If I build an sbr, can I put a non-sbr upper on it, or does the short barrel upper have to stay on the short barrel lower? In other words can I use my existing lower and have it engraved after the paperwork comes back, but also use it for my 20" barrel upper?

With an AR, the lower is the "firearm" - so you can put any caliber/length upper on it you want, that said lower will accept. The beauty of the SBR AR is only needing 1 SBR'd lower for many different uppers. The SBR upper does not have to stay on the lower, but you can't shoot the short barrel upper on any other lower than the SBR'd lower (legally, of course/on paper, etc.).

In regards to the engraving, I am not sure personally. I am not a NFA expert, but I believe you can have a current owned lower engraved to be your SBR. I may be wrong on this.

[Capbyrd]

no problem on the engraving part. But its generally advised that you have it engraved first so that if the engraver messes up, you dont have to start all over paperwork wise.