NFA question

[mbogo]

If one converts a 'handgun' (such as an AR or AK pistol) to an SBR via Form 1 (adding a stock), can one then convert it back to a pistol by removing the stock and notifying NFA Branch that is no longer an SBR?

Or does the conversion to rifle prohibit the conversion back to pistol?

Thanks,
mbogo

[Bendersquint]

If one converts a 'handgun' (such as an AR or AK pistol) to an SBR via Form 1 (adding a stock), can one then convert it back to a pistol by removing the stock and notifying NFA Branch that is no longer an SBR?

Or does the conversion to rifle prohibit the conversion back to pistol?

Thanks,
mbogo

Once it is converted to a SBR it can't be a pistol again, even if you remove it from the registry its always a rifle.

Once it wears a stock on the same lines of once a machinegun always a machinegun.

[BCJ]

More recent rulings with the TC Encore and Contender and the conversion kits for other pistols have stated that you can put a 16" barrel and stock on a pistol and to back to a pistol as long as the firearm is always in a legal configuration.
So Pistol -> rifle -> pistol is okay but a rifle can not be turned into a pistol without violating NFA laws

[Bendersquint]

More recent rulings with the TC Encore and Contender and the conversion kits for other pistols have stated that you can put a 16" barrel and stock on a pistol and to back to a pistol as long as the firearm is always in a legal configuration.
So Pistol -> rifle -> pistol is okay but a rifle can not be turned into a pistol without violating NFA laws

I have not seen that ruling in regards to the AR platform.

I based my comment off discussions with Tech Branch.

[mbogo]

Thanks, Bendersquint, that is what I suspected.

mbogo

[telero]

ATF 2011-4 was put out because of the Contender issue, but is not limited to Contender.

From the ruling/court:
"a firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made
when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a
barrel of 16 inches or more in length, and the parts are later unassembled in a configuration
not regulated under the NFA (e.g., as a pistol)."

So, assuming you have a pistol you have registered as an SBR, you should be able to remove all the parts that made it an NFA item and have it revert to being a pistol.

Also, from the ATF NFA SBR/SBS FAQ

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.

So if your rifle (or SBR in this case) that was originally a pistol stops being an SBR, it should go back to being a pistol.

Q: Is it necessary to send notification to ATF and receive acknowledgement that the SBR or SBS has been removed from the purview of the NFA before it may be sold as a GCA firearm?
There is no requirement for the possessor of a registered NFA firearm to notify ATF that the firearm has been removed from the purview of the NFA. However, ATF recommends the possessor 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, at the time of transfer, the firearm does not meet the definition of a SBR, it should be transferred without filing the NFA transfer application and without payment of the transfer tax.

Since a firearm needs to be in it's actual NFA configuration to be considered an NFA item, and there is no notification requirement (only a suggestion) you should be able to revert the SBR back to a pistol without issue.

The thing about the SBR/SBS FAQ is that it it looking at SBRs and SBSs as if the items started their life as something that didn't start it's life as a pistol. The reason this is important is that something that didn't start as a pistol (such as a shotgun or rifle) can be made into rifles or shotguns, but then they would have to become NFA items to reduce their barrel length or OAL. If something started its life as a pistol, it can go back to being a pistol. This is because the definition of pistol is (as stated in ATF 2011-4):
“a weapon originally designed, made, and intended to fire a projectile(bullet) from one or more barrels when held in one hand..."

So even though a pistol has been configured as a rifle or registered and configured as an SBR, it can never lose the definition of being a pistol since that it was what it was originally.

[raymond-]

thanks for posting that, telero. i was just about to look for that in my files. yes,
this is a big change from past practice/interpretation from Tech Branch.