NFA Gun Trust Lawyer Blog

It appears that ATF does not permit individuals to own the parts necessary to make a SBR or SBS prior to receiving their permission to manufacture / assemble the items. Because of this is it recommended that the same person should not purchase all of the items necessary to make a SBR or SBS and if they do, they should not take all of them home from the dealer. As a barrel can often be attached to several guns, it would be prudent to leave the barrel at your Class III dealer prior to receiving an approved ATF Form 1.

This information comes from a similar question and is found on the ATF website.

A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess the parts required to assemble NFA firearms (SBR or SBS). A non-licensee (individual, trust, corporation, or other business entity) or FFL who has not paid the SOT is
required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the
parts required to assemble such firearm.

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Missouri you can own the following items that are regulated the the National Firearms Act

Machine Guns
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Any Other Weapon (AOW)
Silencers

In Missouri you cannot own the following NFA restricted items.

Destructive Devices (DD)

Follow this link to find out more about Missouri and NFA restrictions on Class 3 Firearms

<strong>NOTE:</strong> Starting 8/28/2011 you will be able to use a NFA trust to purchase NFA firearms in Missouri without the need of a C & R, FFL, or use of a Corporation or LLC.

The ATF Study on the Importability of Certain Shotguns was published today.

Many of you have been following the supposed ban on imported Shotguns like the Saiga that was announced by the ATF during the Shot Show in Las Vegas last week. Instead ATF announced a study which may some a little extra time to purchase these firearms before a ban goes into place and states that

A change in ATF's position on practical shooting has potential implications for rifle and handgun classifications as well. Therefore, the working group believes that a more thorough and complete assessment is necessary before ATF can consider practical shooting as a generally recognized sporting purpose.

The items that ATF believes are not suitable for a sporting purpose are:

(1) Folding, telescoping, or collapsible stocks;
(2) bayonet lugs;
(3) flash suppressors;
(4) magazines over 5 rounds, or a drum magazine;
(5) grenade-launcher mounts;
(6) integrated rail systems (other than on top of the receiver or barrel);
(7) light enhancing devices;
(8) excessive weight (greater than 10 pounds for 12 gauge or smaller);
(9) excessive bulk (greater than 3 inches in width and/or greater than 4 inches in depth); (10) forward pistol grips or other protruding parts designed or used for gripping the shotgun with the shooter's extended hand.

Our determinations will in no way preclude the importation of true sporting shotguns. While it will certainly prevent the importation of certain shotguns, we believe that those shotguns containing the enumerated features cannot be fairly characterized as "sporting" shotguns under the statute. Therefore, it is the recommendation of the working group that shotguns with any of the characteristics or features listed above not be authorized for importation.

The report has some interesting charts and pictures. I noticed that in the Shotgun Stock Style Comparison, they show many firearms and name them, but the one they do not name is not a stock Saiga but has been modified as the trigger has been moved forward and a separate pistol grip has been added. It looks like the rumored ban on the Saiga's will happen so if you want one, you time may be limited.

What is unknown at this time is what or how ATF will treat those items that are already in the US. Since most shot guns have a bore size greater than 1/2 an inch we could see some devices classified as destructive devices. The ATF is asking for comments and I have included their information below. Please review the study and respond.

Update: Joshua Prince a Pennsylvania Gun Trust Lawyer® has also written a summary of the report that can be found here

There have been many discussions on this and it appears that as of July 2010 the answer is:
Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm's configuration is permanently changed or removed from the purview of the NFA.

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?

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.

The SBR r SBS will be removed from the NFA and will not be regulated under the NFA as long as the owners does not maintain possession or control over the short barrel. While there is no requirement to notify the ATF of the transfer of an item which has been removed from the NFA, the ATF does recommend that you notify the NFA branch of such changes in writing so that the possessor is not mistakenly identified as the owner if the firearm is later used in a crime.

If you still own or have control over the barrel or parts required to assemble the SBR or SBS, the firearm would still be subject to NFA transfer and possession regulations. ATF recommends contacting State law enforcement officials to ensure compliance with state and local law. (In Florida and some other states, possession of a barrel and receiver which could be made in a SBR or SBS is a crime unless the firearm is registered as a SBR or SBS under the NFA.)

If you do not have the barrel the firearm is no longer a SBR or SBS.

Under the NFA the serialized receiver is what is recorded for registration in the National Firearms Registration and Transfer Record (NFRTR)

Alabama Governor Riley signed a bill into law making Short Barreled Riffles and Shotguns legal to own. The law was signed on 4/14/2010 and becomes effective on 7/5/2010. If you have a NFA Gun Trust, there is nothing you need to do, to be able to purchase these items after 7/5/2010.

This also means if you are going to travel to Alabama, you can use a Form 20 to bring your SBR or SBS to Alabama after the law goes into effect.

Publication

ATF 5300.4 in 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.

1) On the Frame or Receiver the Serial number;
2) on the frame, receiver, or barrel the following additional information;
   A)The model;
   B)The caliber or gage;
   C)Your name or name of the Trust in the case of a Trust (no abbreviations are permitted for the Trust name);
   D)The city and state (you can abbreviate the state with the official 2 digit state code)

The above mentioned information must be engraved, casted, stamped (impressing) or otherwise conspicuously placed or caused to be engraved, cast, stamped (impressed) or placed to a minimum depth of .003 inch and in a print size of the Serial number shall be no smaller than 1/16 inch.

When submitting a Form 1 to the ATF for a SBR or SBS with multiple barrel lengths, the ATF will no longer accept a Form 1 with multiple barrel lengths. It is recommended that you submit the ATF Form 1 (5320.1) with a single barrel length for approval. Follow this link for more information on how to fill out an ATF form1 (5320.1).

When filling out a Form 1 for the first time with your NFA trust it can be confusing. With an ATF Form 4, there is typically a dealer involved or someone who has done it before so there are not as many questions. I have created a page on How to fill out a Form 1 with a link to a 5320.1 Form 1 that you can download and a sample that is filled out that can be used as a guide. The page also includes instructions on what information should be contained in your Form 1.

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In New Jersey you can own the following items that are regulated the the National Firearms Act

Machine Guns *
Any Other Weapon (AOW)

In New Jersey you cannot own the following NFA restricted items.

Silencers
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
Destructive Devices (DD)

Follow this link to find out more about New Jersey and NFA restrictions on Class 3 Firearms

* Machine guns - Onwership for persons is regulated under N.J.S. 2C:58-5
NOTE: In New Jersey, AOW's are limited

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In California you can own the following items that are regulated the the National Firearms Act

Machine Guns 
Any Other Weapon (AOW) (except Pen Guns) *1
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In California you cannot own the following NFA restricted items.

Silencers
Pen Guns

*1 AOW's other than Pen Guns are ok as long as they are not an assault weapon.  With the exception of AOW assault weapons that were owned prior to the registrations period are ok.  AOW's are not required to receive a Curio or Relic classification.

Note In California most Class 3 items other than AOW's must be classified as a Curio or Relic  (C&R).

SBS and SBR, that are C&W  as well has AOW's as described above do not require any special state permits.

Permits for Machine guns and DD's are controlled and at the sole discretion of the DOJ and are rarely issued to civilians or anyone who is not involved in the movie industry.

CA's Assault weapons laws apply to assault weapons whether they are C&R or not.  An assault weapon in Ca if meets certain requirements found in the statutes. One of these is  semi automatic center-fire rifle with  the capacity to accept a detachable magazine that has an overall length of less than 30 inches is an AW.  This would mean if you made (through a form 1) a SBR out of an M1 Cabine, it would likely be considered an AW under California law.

Follow this link to find out more about California and NFA restrictions on Class 3 Firearms

There are several type of Class 3 items that are restricted by the National Firearms Act.

Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.

In Arkansas you can own the following items that are regulated the the National Firearms Act

Machine Guns
Silencers
Any Other Weapon (AOW)
Destructive Devices (DD)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)

In Arkansas you cannot own the following NFA restricted items.

None

Follow this link to find out more about Arkansas and NFA restrictions on Class 3 Firearms