View Full Version : SBR questions
12-07-2008, 03:34 PM
I know I can use my corporation on my form 1 to register my Short barrel Rifle (SBR), instead myself. But what if my corporation is in another state then where i live?
My corporation is a in a gun/NFA friendly state and i live in a not so gun friendly state. Can I still register my SBR's there?
Second question: Can I register any of my guns with my coporation?
Third question :if I can register my SBR's in another state where my corporation is registered, can I alo own a class 3 weapon there?
Either purchased or converted?
Converted meaning: purchasing a registered pre-86 sear or RSP for a current gun or kit, etc.
Has any one done this? This should be legal to do correct?
12-07-2008, 04:30 PM
I don't have all your answers, but here's some info.
State law applies, if the state you are residing in doesn't allow certain firearms then having them federally registered makes no difference, you can't take them into that state.
SBR's are "class 3" weapons, they fall under the NFA like SBS, MG's, Silencers, etc. No difference in federal law, if you can legally own an SBR you're good for all the others as well, barring state laws against certain types. "Converted" also makes no difference on a Fed level, the conversion device would be what's registered for an MG. State laws that limit one to C&R MGs would probably have a problem with those though.
Inter-state movement of most NFA firearms requires an approved form from ATF before you can move it, either temporary or permanent. For example, going to Knob Creek from another state would require an approved form to be legal. If state law prohibits the particular firearm, ATF won't approve it.
As far as out of state corp registration goes, I would think ATF wouldn't have a problem with it. Never came up before that I recall.
Your Corp can buy guns, no federal registration other than NFA items though. State registration might apply though, and should treat a Corp as a natural person unless they specifically disallow it.
12-07-2008, 05:37 PM
Thanks for the info.
Since I live next to the state I want to do this in and I have no interest in bringing the guns into my state again as SBR's. Sounds like I should be good.
The guns I want to SBR are registered as pistols here in my state. I will transfer into my corporations name, those items I want to SBR. I will house them in that state and never bring them into the state I live.
If I do bring them back into my state I can take the stocks off and they revert to the pistol configuration that is legal in my home state. I shouldn't need special permission for that right?
Also it sounds like my corporation is treated as a indivual when registering firearms.
12-07-2008, 05:53 PM
Once you register them as SBR, that's how they stay (unless you destroy them and receive ATF approval for their new destroyed status).
Buttstock or no, they're SBR; any inter-State move MUST be approved by the ATF and SBRs must be legal in the receiving State to move them into another state.
12-07-2008, 06:05 PM
Once you register the firearm as an SBR, it becomes legally a rifle, pulling the stock off doesn't change the status as it's still on the registry as an SBR and you would still need permission to cross state lines. You can install a longer bbl to make it non-NFA config and then ask them to remove it from the registry. You lose the tax, of course, and would have to re-register and pay the new tax if you ever SBR again. Dunno about converting back to a pistol config, the form 1 is an application to manufacture a firearm. They might consider the SBR configuration the "first" configuration and thus negate the SCOTUS decision. I would definitely write in and ask them about that issue if you are considering that option.
12-07-2008, 08:47 PM
Interesting. White devil and I have talked about this before. I too am wondering about the corporation owning SBR's if that corporation is in another state.
01-01-2009, 05:12 PM
If you don't want individual, and out of state llc is questionable you could always just do a trust.
That may open up other issues but at least the state part would be fixed. Plus, LLCs can expire or be dissolved, trusts can not.
01-22-2009, 06:24 AM
If you pay tax on a NFA, then the form 4 will have the primary residence of where the weapon should be kept. If you take it across state lines then you must get approval to go across state lines and then you can have an alternate address as to where the weapon can be kept.(must be class 3 friendly)
PLEASE call the ATF and get the ruling.