Form 1 Question

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  • DEC

    Sharpshooter
    Rating - 100%
    4   0   0
    Jul 25, 2008
    530
    28
    Angola
    Sorry if this has been asked. I used the "search" and went through the FAQ section on SBR's and Form 1.

    I'm going to build an SBR AR. I have the stripped lower sitting in the safe. I'm not going to build anything until I get my tax stamp back, mostly because I'm in no hurry and I'll just watch for deals as they pop up on parts over the course of the process. Anyway, my question is ... I understand that I need two photos and two sets of finger prints (I have the forms). But do I also need to fill out two identical Form 1's?

    Also, as I understand it, I can always go longer in my SBR additional uppers, but not shorter to the original that I list on the Form ... correct? So it would be best to build the shortest SBR that I foresee wanting first, say a 7" 9mm correct? I'm wanting to long term use the gun as a very short 9mm, then also do a 10.5 M18 Clone type of upper as well. Maybe a couple other SBR upper configurations over time as well.

    Thanks for any input.:cool:
     
    Rating - 100%
    3   0   0
    Jul 27, 2010
    1,332
    38
    Galveston
    Sorry if this has been asked. I used the "search" and went through the FAQ section on SBR's and Form 1.

    I'm going to build an SBR AR. I have the stripped lower sitting in the safe. I'm not going to build anything until I get my tax stamp back, mostly because I'm in no hurry and I'll just watch for deals as they pop up on parts over the course of the process. Anyway, my question is ... I understand that I need two photos and two sets of finger prints (I have the forms). But do I also need to fill out two identical Form 1's?
    Yes. And 1 Certification of Compliance form.

    Also, as I understand it, I can always go longer in my SBR additional uppers, but not shorter to the original that I list on the Form ... correct? So it would be best to build the shortest SBR that I foresee wanting first, say a 7" 9mm correct? I'm wanting to long term use the gun as a very short 9mm, then also do a 10.5 M18 Clone type of upper as well. Maybe a couple other SBR upper configurations over time as well.

    Thanks for any input.:cool:

    You can list it as a 7" 9mm, and run a 14.5" 5.56 barrel on it. You will want to hang onto that 7" 9mm upper though.
     

    DEC

    Sharpshooter
    Rating - 100%
    4   0   0
    Jul 25, 2008
    530
    28
    Angola
    Thank you for the answer. I had mised the Cert and Comply form. Just printed one off.

    I'd intend to keep the short 9mm as well.

    Thanks again!
     

    Jtgarner

    Master
    Rating - 100%
    46   0   0
    Oct 5, 2010
    1,994
    2
    Bloomington
    Or send in a letter stating your changing the length, OAL and caliber.
    Is this NEEDED, or just suggested? Say I wanted to register the lower I have as a SBR and when the stamp came back buy a few uppers that ranged from the shortest listed on my form 1, to say 20". Would I be able to just use the same lower for all of them as long as I kept an upper that was the length listed on my form 1.

    Just trying to clear it up (both for myself and the OP, since there are different opinions in here.
     

    revsaxon

    Master
    Rating - 100%
    2   0   0
    Feb 21, 2010
    1,954
    38
    Plano, TX
    Is this NEEDED, or just suggested? Say I wanted to register the lower I have as a SBR and when the stamp came back buy a few uppers that ranged from the shortest listed on my form 1, to say 20". Would I be able to just use the same lower for all of them as long as I kept an upper that was the length listed on my form 1.

    Just trying to clear it up (both for myself and the OP, since there are different opinions in here.

    They way it was explained ot me (and I have a letter around here somewhere saying so) is if you make a permanent change (IE sell the old upper or something) you need to inform them in writing. If you can return it ot its original configuration (ie what the paperwork says) your good.
     

    DEC

    Sharpshooter
    Rating - 100%
    4   0   0
    Jul 25, 2008
    530
    28
    Angola
    If you can return it ot its original configuration (ie what the paperwork says) your good.

    So long as that different upper is not shorter than the original ... correct? That is how it was explained to me, but I could be wrong. I was told you can always go LONGER than what your stamp is for (assuming you keep the original stamped configuration in your possession), but not shorter without informing them in writing. Again, I'm not an expert and that is why I made the original post and why my intent would be to Form 1 and build a very short 9mm first, then other longer SBR uppers after that. Is this the correct line of thinking?
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    So long as that different upper is not shorter than the original ... correct? That is how it was explained to me, but I could be wrong. I was told you can always go LONGER than what your stamp is for (assuming you keep the original stamped configuration in your possession), but not shorter without informing them in writing. Again, I'm not an expert and that is why I made the original post and why my intent would be to Form 1 and build a very short 9mm first, then other longer SBR uppers after that. Is this the correct line of thinking?

    The longer not shorter thing is a BS gunshop myth. You are applying to make and register a short barreled rifle. That is defined as ANY rifle with a barrel less than 16" and an OAL less than 26". There is no such thing as a shorter barrel rifle. Once you have a stamp, you can make it change the length however you wish, longer, shorter, whatever. Put on the form what you intend to make with the initial configuration. You can buy different length uppers, longer OR shorter, and different calibers as well. No need to inform ATF. IF you change the initial configuration permanently (for example you sell your 10.5" upper and switch to 14.5"), ATF REQUESTS that you notify them in writing of the new configuration. It is NOT required that you do so however. Hope this clears up some confusion. There's a lot of false rumors surrounding NFA.

    ETA: Your stamp is Not for a certain length, just for an SBR. Therefore you are free to build anything that meets the definition of an SBR. If a short 9mm is what you want first, go for.it, but do it only for preference, because it has no legal bearing on your future options. My AR SBR is an 11.5" in 5.56. Someday I might buy a shorter pistol caliber or .22 upper for it and would be perfectly legal doing so.
     
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