Now you wait until the ATF gives a proceed or Friday, whichever comes first.

An SBR does not lose its SBR status when you pull YOUR short barrel upper off YOUR SBRed receiver to change uppers.

We all realize that.

BUT you are not TRANSFERRING ownership when you merely swap out uppers.

When an SBR receiver is TRANSFERRED .... ownership changes .... and there is no short barreled upper attached...

Then it is no longer an SBR.

Or at least the following FAQs from the ATF make it seem so.....


Q: What is the registered part of a Short Barreled Rifle (SBR) or Short Barreled Shotgun (SBS)?
While a receiver alone may be classified as a “firearm” under the Gun Control Act (GCA), SBRs and SBSs are classified in totality under the National Firearms Act (NFA). A firearm that meets the definition of a SBR consists of a rifle that has a barrel less than 16 inches in length. A SBS consists of a shotgun that has a barrel less than 18 inches in length. The serialized receiver is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR).

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?
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.

Then you have this....

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.

And here they specifically mention a "stripped" receiver...... so does that mean an "unstripped" receiver is still an SBR?

Not if you go back to the definition of an SBR that they provide - to be an SBR it has to have a barrel under 16 inches in length.

No upper, no barrel under 16 inches.

No barrel under 16 inches, no SBR.

If this isn't correct, then the ATF needs to totally rewrite their FAQs concerning SBRs.

The manufacturer had a short barreled upper in their possession, so did the dealer. So, at no time was it without a short barreled upper.

"need not" comply with NFA, id does not say you MUST not or SHAL not. Further, you MAY transfer it as a GCA firearm rather that it MUST be transferred as GCA.....sound to me like you dont have to but you can if you want to providing the weapon was originally manufactured as a complete SBR upon birth.



A lot of IF's and MAY's...hmmm

after reading everything above...I see that they are all permissive...They clearly spell out that you MAY transfer a lower only from a rifle that was manufactured as an SBR as a GCA weapon but It does not say you MUST transfer it that way. . It sounds like they are leaving to door open to maintaining its status in the registry when they say "the receiver would stay registered unless the possessor had it removed from registry"....and the new owner would only be responsible for the $200 tax and and registration with NFA "IF" they recieved the lower as a GCA firearm"(ie removed from the registry) but it does not mandate that it is done that way.

sounds like its less a requirement and more an option....I have seen more that a few people pull the uppers off of Colt 6921 and sell the lowers to folks as registered NFA who want a short colt with out having to carving their name on the side of it....its allways been my understanding that the requirement is the weapon must be a completely assembled rifle only at the time it is made and registered as an SBR.

Now, if you went through and changed each "MAY" to "MUST" , and the "unless" the "SHALL'...that would carry a whole different meaning.

Doesn't matter what you do with the mays, musts and shalls.... if you go back to the actual definition that the ATF subscribes to, then an SBR is only an SBR in totality.

When the owner removes the upper and TRANSFERS the lower, according to their definition it is not an SBR.

You completely mis-read that.

First, it is a FAQ on a Web Site, not the law, CFR or Case Law so I would not get too wrapped up in the choice of words, probably written by a summer intern.

Second, in that instance, they are talking about xferring it as a Non-NFA Firearm and it not being an NFA firearm again unless another $200 tax is paid, not the case we are talking about.

Yup...there are at least three active and 25 completed auctions on gunbroker for SBR lowers being sold as title II NFA weapons transferring on Form 3s. ...Most by dealers and many are repeat listings by the same dealers who do it regularly. One sold back in February and the dealer continues to list more every week.

I find it highly unlikely the ATF is not aware of this. I am sure the they pay someone to do nothing but dig through gunbroker and other internet sales arenas and look for people breaking the law. Either the ATF is aware of this and does not care, or these guys should all be in jail.

Wow, what fairytale dreamland do you live in? Do you work for the ATF and have knowledge of this? I have worked in the federal government and I can tell you the internet is the way they are going after people these days. Its the fasted and cheapest way to investigate anything. Hell, federal agents have even posted on this very forum recently regarding illegal sales of firearm related items that were tracked down via internet investigations of online auctions(Agent Wu, from ICE regarding IR laser sales on Ebay and AR15.com)

There is a plethora of evidence to support that the ATF is aware of this practice and does not intend to stop it regardless of the format of their paper work. I have yet to see anyone produce any information regarding someone being prosecuted for doing this even though examples of it happening are extremely easy to find. Took me less than thirty seconds after reading you post to find an example of this being done, don't kid yourself the ATF doesn't know. So, Here is a link to a completed gunbroker auction where a lower was sold as a NFA SBR with no barrel. Get back to me when someone has been charged with a crime for doing this.

Again guys, there's nothing illegal about offering a stripped lower for sale because there are ways of conducting the transfer legally. The violation comes when you sign the Form 4 with knowingly inaccurate information.

Regarding ATF and the internet, the fact that you can find a perceived violation in 3 mins shows a problem beyond the budget of the federal govt, however auctioning a stripped SBR lower isn't one if them, hence no enforcement action. Same issue for prescription drugs, prostitution, gambling, steroids, etc. there just isn't enough money or resources to plug all the leaks....