Removing an SBR from the scope of the NFA

[Delasangre4231]

I want to sell an MP5 clone that is an SBR. It would be alot easier to sell as a pistol so I have been trying to determine if I can just put a pistol end cap on it and it won't be an SBR anymore.

I think I finally found the info that confirms this but I want opinions.

This is section 2.5 of Chapter 2 of the NFA handbook.

"Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of
components.

Firearms, except machineguns and silencers, that are subject to the NFA fall within the various
definitions due to specific features. If the particular feature that causes a firearm to be regulated by the
NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.

For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is
removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel.
Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel
length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified
firearm is not subject to the NFA. NOTE: an acceptable method for permanently installing a barrel
extension is by gas or electric steel seam welding or the use of high temperature silver solder having a
flow point of 1100 degrees Fahrenheit.

A shot pistol (“any other weapon”) such as an H&R Handy Gun may be removed from the NFA by
either disposing of the smooth bore barrel or permanently installing a rifled sleeve chambered to accept
a standard pistol cartridge into the smooth bore barrel. Modified by sleeving the barrel, an H&R Handy
Gun is no longer an NFA weapon because it now has a rifled bore.

Large caliber destructive devices that are not also machineguns can be removed from the NFA by
disposing of the barrel. If the barrel of a 37mm cannon is removed and disposed of, the remaining
weapon has no barrel or bore diameter. As an alternative, the barrel of a destructive device may be
functionally destroyed. To destroy the barrel of a destructive device the following operations must be
performed:

• Cut a hole, equal to the diameter of the bore, on a 90-degree angle to the axis of the bore,
through one side of the barrel in the high pressure (chamber) area.
• Weld the barrel to the receiver of the weapon.
• Weld an obstruction into the barrel to prevent the introduction of a round of ammunition. "

[mk23]

Not exactly the same situation, but some years ago I had a LMT 203 receiver I bought as title I. Had done the form 1 after. I wasn't enjoying it though, because it was the rail mounted kind and it kept on bending all rails I would put it on, including Larue and DD. Long story short, I bought a barrel mounted 203 so that first one was now superfluous. I did get it off the NFA registry and sold it. It took over 9 months though. I sold the barrel, and sent a letter to NFA. I had to wait and wait and wait and wait to get the go ahead, but eventually, they did.

[mbogo]

Send a letter to NFA Branch informing them of your intent to restore the SBR to a pistol and remove it from the NFA registry.

Wait for their approval, then un-SBR the gun.

mbogo

[T-Rex]

Return to pistol configuration and it is no longer an SBR by ATF/NFA definition, regardless of the tax stamp.

Sell it and send a letter to ATF/NFA to let them know it is no longer an NFA item. You do not need verification.

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.

[crazyelece]

BATFE has never released an official "ok" to say that returning a SBR to an original pistol configuration removes it from its SBR status and out of the purvue of the NFA.

It would be a safer, more conservative, approach to perm attach something like a fake silencer to get the barrel length over 16 inches and sell as a rifle.

[hardcase]

A buyer might be concerned about having your name or trust name and location engraved on the receiver, assuming you did so to be NFA compliant. If I understand ATF correctly when you built your SBR you are considered to be the manufacturer.

Personally, I wouldn't want my info on a receiver belonging to someone else.

It might be easier to sell the parts, and trash the receiver, then notify ATF.