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SBR Change of caliber ?


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Posted

I've read to keep the original upper that you included on the form 1 so that the gun can be returned to its original configuration according to the form 1 so that you are not then obligated to file an amendment to the form 1 noting a permanent caliber change

Where on the Form 1 did you list an upper?

Posted

assuming an ar15 configuration, you may have as many uppers in as many lengths or calibers as you like. You do however have to be able to return to the original listed configuration, or if you want a permanent change, you can file a form, can't remember which one or it might even be just a letter to the ATF stating the permanent change.

Posted

Yes, I have went through this because I prefer to carry rifle calibers with me.

 

One thing you can do, which is what I did for a while, is this. Build a "pistol" first then make sure the barrel length is at least 16". Then put a stock on it like you would any rifle. If you decide you want the gun with you just remove the stock and the gun turns back into a "pistol" so you can carry it. It will still have the 16" barrel but you can carry it with you unlike a rifle.

 

I found the perfect way to carry without breaking the law. It is my Mini Draco with the Shockwave "brace". It is small enough to fit in a laptop case when folded but unfolded it is as effective as any other gun. And the best part is I can take it anywhere. It is also longer than 26" so I could add a VFG if I wanted. The only question I have is it is legal to carry a "pistol" in this state but not sure about a "firearm". Without the VFG it is a "pistol" but with it the gun becomes a "firearm".

 

Something else, if you use your "rifle" to save a life you should be exempt from the other state laws. Like if you have to get out of your vehicle with your loaded rifle to save a life. I have carried my SBR in my vehicle in the past as well. My thinking on that is this, if a person steals a regular firearm it is treated the same way as if the person stole the radio or something else in the vehicle because a gun is viewed as nothing more than property. Now if someone steals a registered NFA item it automatically falls into felony territory. And the ATF takes it very seriously and will involve themselves in any investigation the local LE might do.

 

If someone is going to steal from me I prefer they steal NFA items over anything else.

 

There is the pistol->rifle->pistol ruling but not sure how that changes with the "rifle" being a registered SBR. I know you can remove an NFA item from NFA purview at any time just by configuring it as a non regulated firearm. I am not sure if you can legally take a SBR turn it back into a pistol then go back to a SBR. Not sure how that would apply in Tennessee as far as carry either.

Posted
Thanks , that was my kind of thinking , a brace and not a stock would make it legal..maybe. Yet if a SBR then you could legally shoulder the brace. So is that carrying a loaded rifle ?
Posted (edited)
....

One thing you can do, which is what I did for a while, is this. Build a "pistol" first then make sure the barrel length is at least 16". Then put a stock on it like you would any rifle. If you decide you want the gun with you just remove the stock and the gun turns back into a "pistol" so you can carry it. It will still have the 16" barrel but you can carry it with you unlike a rifle.

 

Push come to shove, that likely wouldn't pass muster in TN, since you can only carry a handgun, which is defined as having less than 12" barrel.

 

I am not sure if you can legally take a SBR turn it back into a pistol then go back to a SBR. Not sure how that would apply in Tennessee as far as carry either.

 

I see no way that could be done.

 

The pistol-rifle-pistol ruling is for GCA firearms only, the whole basis of the decision based on the fact that no NFA firearm is made doing that. Once you enter NFA realm, the rules change. Taking stock off an SBR simply means you have an SBR without the stock. Even if you take it out of NFA purview, soon as you put a short barrel back on it it's an SBR again, and according to ATF, even if sold as GCA to new owner he can't either. And actually, if short barrel is even "retained", it stays under NFA purview.

 

Of course, ATF has recently removed much of this detailed info from site, to make it that much harder for folks to be in compliance with what ATF says it will enforce, but I'm sure they haven't changed any of their stances, hence my rant in:

 

http://www.tngunowners.com/forums/topic/92086-atf-site-does-it-again/

 

 

- OS

Edited by Oh Shoot
Posted

I'm probably going to get a .300BLK upper someday to do this with.  Can I go lower in overall size, meaning paperwork says 10.5" 5.56, I want to have a 8-9" .300BLK?

Posted

Push come to shove, that likely wouldn't pass muster in TN, since you can only carry a handgun, which is defined as having less than 12" barrel.

 

Where does it say a handgun has to have less than a 12 inch barrel, is that only for carry?  I have a letter from an ATF agent that says there is no legal limit to how long a handgun barrel can be. 

Posted (edited)
Push come to shove, that likely wouldn't pass muster in TN, since you can only carry a handgun, which is defined as having less than 12" barrel.

 

Where does it say a handgun has to have less than a 12 inch barrel, is that only for carry?  I have a letter from an ATF agent that says there is no legal limit to how long a handgun barrel can be. 

 

Yep, Federal law has no defined min or max for a handgun barrel, but of course the States have beaucoup more stringent laws than federal.

 

TCA 39-11-106: Definitions

"Handgun" means any firearm with a barrel length of less than twelve inches (12'') that is designed, made or adapted to be fired with one (1) hand."

 

So I suppose technically you could be charged with illegal carry of a firearm for having a certain Buntline Special or a 12" AR pistol or whatever on your person in public. Nowhere does TCA state what a firearm of that config becomes however, nor that it is illegal to own/possess one in general.

 

On the other hand, TN allows 2 shots to be fired with one trigger pull, and they won't use any state resources to enforce federal firearm laws, so we've got that going for us. :)

 

- OS

Edited by Oh Shoot
Posted (edited)

I'm probably going to get a .300BLK upper someday to do this with.  Can I go lower in overall size, meaning paperwork says 10.5" 5.56, I want to have a 8-9" .300BLK?

 

(looked it up, so edited)

 

Sure. Folks say to keep the stuff for the original config around to be totally okay just in case, but not sure why, as there's no requirement to notify ATF for a temporary or permanent change or even when removing it from NFA purview entirely. All that is "recommended" only.

 

- OS

Edited by Oh Shoot

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