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SBR travel with 16” barrel??


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I came across a couple of postings on another site but can’t seem to find any proper documentation on this matter. 
 

The question is if I have an SBR filed lower configured in a state that would not define it as an SBR (16” barrel), could I then travel with it and use it as if it weren’t an SBR?

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If you have a rifle that is not NFA by Federal law, or even if it is, you are bound by the laws of the state you are standing in.

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1 hour ago, DaveTN said:

If you have a rifle that is not NFA by Federal law, or even if it is, you are bound by the laws of the state you are standing in.

Sorry but I didn’t realize my misuse of state in that phrase. State as in the current build of the rifle, not the actual state in the U.S.  😂 

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I heard both ways. For one, who's going to know it is a registered sbr if it's 16". If they are looking you that close you probably have more to worry about than lack of paperwork that the atf doesn't even keep up with. If you're worried about it, just file the temporary move paperwork. The last thing would be that I've never heard of anyone getting clipped for not filling out the temporary move paperwork. I'm heading to Texas this weekend with a bunch of NFA, but we will not be traveling through any communist states. 

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1 minute ago, DaveTN said:

That all makes sense but I’m not sure it applies to this situation. Maybe it does. 
 

Is my registered SBR lower considered a pistol that I can turn into an SBR by adding a stock less than 16” barrel?

Seems like this would never come up if the rifle was inspected but for some reason but you never know. 

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17 minutes ago, maroonandwhite said:

That all makes sense but I’m not sure it applies to this situation. Maybe it does. 
 

Is my registered SBR lower considered a pistol that I can turn into an SBR by adding a stock less than 16” barrel?

Seems like this would never come up if the rifle was inspected but for some reason but you never know. 

It is my understanding if you have an NFA registered SBR (Tax Stamp) you can do what you want as long as you don’t change the NFA class. You are required to notify the ATF and have your form amended with additional configurations.

If you are asking if you can put a stock and a long barrel on a pistol lower you bought, and built a pistol that isn’t an NFA registered SBR; sure if it is a legal rifle.

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I'm not an attorney but I've been an NFA collector since 1994. An SBR by definition has barrel shorter than 16". If your receiver no longer has a shorter than 16" barrel on it then by definition it is not an SBR and is treated as a rifle not as a "short barrel rifle"  as long as the longer barrel is on it. So if you wanted to take your "SBR registered" AR lower with a sub 16" barrel out of state you have to file an ATF Form 5320.20 . But if you take off the sub 16" barrel upper and install a 16" barrel upper it no longer is by definition an SBR and no Form 5320.20 is necessary. It is still listed in the registry as an SBR but the actual configuration is NOT an SBR so SBR rules do not apply as long as it does not have a barrel shorter than 16" on it. It is not the same as a machinegun where if it was "once a machine gun always a machine gun". So while you cannot do anything to a machine gun to change its status (other than destroy it) you can install a barrel longer than 16" on your SBR lower and it no longer meets the definition so travel without filing a form is OK.  At least that is how I understand it. 

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