Maverick44
Youngest old man on TGT.
That wasn't the question he asked though. As it pertains to crossing state lines, the ATF only cares if the firearm is currently configured as a NFA item. If you put a pistol brace on or slap a 16" upper on a SBR receiver, it is effectively no longer a NFA item and therefore not subject to the requirement for ATF approval for interstate travel.Unless it is removed from the registry, it is an SBR no matter what stock you have on it.
Also, what you said is not quite true. A SBR is not always a SBR. It's only a SBR if it has a short barrel (it's in the name ). If you remove the short barrel and don't replace it with another short barrel, that firearm is no longer an NFA item and can be treated or sold as you could any other rifle. It doesn't matter if the lower is on the registry as a SBR. Without a short barrel, it's not a NFA item, and you have no duty to even notify the ATF of this. This is from the ATF's old website.
Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.
Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.
Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
A: Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.
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