Approved form 1, Assembling SBR without tax stamp in hand?

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monster
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Approved form 1, Assembling SBR without tax stamp in hand?

Post by monster »

Just got off the phone with the ATF, Form 1 has been approved!

Any reference to assembling the weapon without the actual tax stamp? GCA and NFA only mention needing approval. Just curious? Thanks!
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T-Rex
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by T-Rex »

You need stamp in hand.
Near the bottom of the last page, of your form 1 (5320.1), it reads "Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request."
If the ATF should happen to stop by, how will you prove you have a legal SBR?
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monster
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by monster »

I could play a recording of the ATF saying my application was approved :)
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John A.
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by John A. »

I could make a recording about my new machinegun being approved too. I'm sure any ATF agent would accept that as proof. :roll:

In all fairness though, nfa branch are getting slower about mailing them out. It took about 10 days from approval before I finally got my last stamp in the mail. Date stamp on the envelope when they sent it to me was 8 days after approval.

And if the serial number is checked with NFA, it will come up as registered/approved just like it did when you called and asked about it.

Still, reg's say you need to show proof upon demand. Cant' do that if you don't actually have it.
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JeffWard
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by JeffWard »

I'm sure you can wait 2-3 days on the USPS.

Better than jail time.
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by TomServo »

If you waited this long, wait until you have the hand-numbered stamp in your posession, just to be safe.

Nobody wants to be saying, "but officer, the stamp's in the mail!". Some local LEO isn't going to call the ATF to verify your approval, or even know whom to call if the tried.
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fishman
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by fishman »

If it were me, I'd probably just build it. Most likely nothing will happen. Worst case scenario is local LE arrests you. once they call the atf to sort it out, the form is in their files and you're let go.
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by T-Rex »

Several things to take note of here:
1. The ATF's requirement is that legal documentation (proof) of the item be made available at all times. This can not happen if you don't have any.
2. No, the ATF is not likely to come knocking, but, if this is the game your playing, why get a Tax Stamp at all? You'll never know when they're to arrive so the two scenarios are one in the same.
3. While I've not read all state laws, the majority of them revert to Fed law on the SBR/NFA legalities. This would mean the ATF regs are what's law and local authorities would need to call the ATF if there is legality questions. They state "shall be made available to any ATF officer" and do not include local LEO.
4. In my home state, there are no laws defining SBR's. A rifle is designed to be fired from the shoulder and any firearm w/ a bbl <12" is considered a pistol. So, I wouldn't be breaking any state law, being w/in these bounds, and local LEO would have no reason to suspect me of committing a crime.
5. As Jeff and Tom stated, you've played the game and waited this long, just sit tight a few more days. :D
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monster
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Re: Approved form 1, Assembling SBR without tax stamp in hand?

Post by monster »

I'm going to wait, I was simply curious.

I had an idea though, I could call my examiner and see if they can email me a copy, they did upload my wife's fingerprint card and form one via a secure system as a PDF.

And they shut that down haha. I just spoke with them, I need to wait 30 days after they sent it out before requesting another copy. USPS is terrible in my area, so I ill hope It gets here safely.
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