Shipping a stripped AR-15 receiver (NFA registered)

[rkmerida]

Hello all.

I just have a quick question that I am getting mixed information about. I currently have a completely stripped lower receiver that is registered with the ATF as well as a stripped upper receiver that I am wanting to ship within the state to have cerakoted. I know that a regular non registered receiver can be shipped within the state no problem. My question is, do I have to ship the item to a class 3 dealer and tranfer it to have the work done, or since it is completely stripped and no longer in NFA configuration, does it become a regular receiver that I can ship just like any other AR-15 receiver? I am just trying to CMA so that I am not doing anything the wrong way. Thanks in advance for the info.

 

[rvb]

"registered receiver" = machine gun or SBR?

I think the answer is different.

If SBR, imo it's no different than a regular receiver; it's not an SBR unless assembled as an SBR.

-rvb

 

[rkmerida]

Sorry I did't specify. It is registered as an SBR.

 

[rkmerida]

Sorry I did't specify. It is registered as an SBR.

 

[engineerpower]

When traveling, if the firearm is in a legal non-sbr configuration, it's a non-issue. I have trouble seeing how a stripped receiver would pose a legal concern, other than to the uninitiated. Do your ATF Form 5320.20 if you're concerned. Here's what the gun trust lawyer sez:

Q: If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20?
A: If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF.

Link

 

[ryknoll3]

You can ship it as a regular firearm.

 

[rvb]

When traveling, if the firearm is in a legal non-sbr configuration, it's a non-issue. I have trouble seeing how a stripped receiver would pose a legal concern, other than to the uninitiated. Do your ATF Form 5320.20 if you're concerned. Here's what the gun trust lawyer sez:

Q: If I put my original barrel back on my SBR or SBS, can I take it across state lines without using an ATF Form 5320.20?
A: If you no longer own the barrel, you can do this, but if you still own or possess the short barrel, the item is still restricted by the NFA unless you remove the item from the NFA by contacting the ATF.

Link

That lawyer answer makes no sense. If it is not assembled as a rifle at all, or is assembled as a title 1 firearm (ie >16" bbl, etc), it's not an SBR. In that case given, if you still own the short barrel, you would want to keep the lower in the registry and not change it's permanent description so you avoid "constructive intent" concerns (assuming it's your only registered lower), but it's not an SBR. An SBR has a legal definition and "in the registry" is not part of that definition. Being in the registry is just what makes it legal to own...

If it was a MG lower, then the answer would be different because the lower by itself is an MG.

my 2c, not a lawyer, etc.

-rvb

 

[rkmerida]

Thanks for the quick replies. Very helpful stuff.

 

[engineerpower]

That lawyer answer makes no sense.

Such is how we've gotten into this mess...

 

[Oppugnall]

Straight from horses mouth the ATF. This should apply to you, though you aren't selling, a receiver without a barrel doesn't make an SBR.

Q: I possess a properly registered SBR or SBS. I intend to strip the receiver and remove the barrel prior to selling the receiver. Is the bare receiver still subject to regulation under the NFA as a SBR or SBS?


A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” pursuant to 18 U.S.C. § 921(a)(3)(B). If the subsequent owner buys the receiver as a GCA firearm and installs a barrel less than 16 inches in length (SBR) or 18 inches in length (SBS), the firearm would be subject to a $200 making tax and registration under the NFA by the manufacturer or maker of the SBR or SBS. Because registration depends upon the stated intent of the applicant, there is no provision to allow registration of a NFA firearm by anyone other than the maker or manufacturer.

 

[rvb]

Straight from horses mouth the ATF. ...
A stripped receiver without a barrel does not meet the definition of a SBR or SBS under the NFA. Although the previously registered firearm would remain registered unless the possessor notified the NFA Branch of the change, there is no provision in statute or regulation requiring registration of a firearm without a barrel because its physical characteristics would make it only a GCA “firearm” .

That makes more sense....

-rvb

 

[SemperFiUSMC]

Most of the "answers" in this thread have to do with disposing of an SBR and have nothing at all to do with your question.

If you stripped the lower receiver solely for the purpose of recoating, still own the receiver, still possess the short barrel, and intend to return it to its SBR state after receiving it back from the coater, it is and remains an SBR and is absolutely subject to all NFA restrictions.

A gunsmith with an FFL, including a dealer, can recoat a registered SBR receiver. They are not required to have an SOT. You cannot send it to a non-FFL to be recoated. You may have it recoated by a non-FFL as long as you maintain physical possion throught the process.

 

[rvb]

SemberFiUSMC, aren't you then supposed to do form 5s if it's an nfa firearm going to an FFL for gunsmithing? (edit: looked it up in the nfa handbook... it's "recommended" )

I looked up teh faq and it does say you are supposed to do a 5320.20 to travel out of state even if you put a >16" barrel on. That's F'd up (and there are a LOT of people who'll put 16" uppers on ARs to travel to training/competitions in non NFA friendly places).

I'll concede to being wrong on that. Sure doesn't pass the common-sense-o-meter and conflicts with the spirit of the rule that says you can pop the barrel off and sell it as a gca gun.... You'd think 'constructive posession' would require you to be 'in posession' of the short barrel, not just own it and it be in some other state where the gun is properly registered. I [STRIKE]hate[/STRIKE]despise NFA laws....

-rvb

 

[Hop]

Can anyone here define what the ATF means by "possessor" or "retains control over"???

If he ships the stripped lower he doesn't posses it. The Ceracote shop would posses the stripped non-NFA configured lower & none of the parts "parts required to assemble the SBR". If you swap uppers and travel out of state with your lower, leaving the short barrel behiind, you are no longer in "control over the barrel or other parts required to assemble the SBR".

It looks like ATF has changed the wording on this FAQ & made it even worse. It used to say if it's not in an SBR configuration & you don't "posses" or "retain control over" the parts while transporting it out of state then it's not an SBR. The question came from someone wanting to take a class out of state using the registered SBR lower only + their 16" barrel.

Firearms - Frequently Asked Questions - National Firearms Act (NFA) - Short Barreled Rifles and Shotguns | ATF

 

[ryknoll3]

I know the ATF likes to change their minds, opinions and rulings, but here's what they said once upon a time, that a receiver separated from its upper can be treated as a non-SBR.

 

[rvb]

That letter is how I had always understood how to handle it. Guess I'm behind the times. Beurocracy has replaced common sense...

-rvb

 

[Walt G]

Great info to know. Thanks