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August 8, 2011, 03:05 PM | #1 |
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Short Barrel tax stamp question? For AR-15
Would I have to pay $200 each year or a 1 time charge for each gun?
Would I have to buy a new lower receiver or can I use my existing one? Would I have to fill out a new form for each gun? I know I have to get my local laws signature and fill out the BATFE form, just wanted to know. Thanks! ps. i live in Georgia- ty Last edited by Sir Estaban; August 8, 2011 at 03:06 PM. Reason: state |
August 8, 2011, 03:27 PM | #2 |
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Ask a mod to move to the NFA section under shotguns.
Brent |
August 8, 2011, 05:45 PM | #3 | |||
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August 8, 2011, 07:34 PM | #4 |
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I just checked out a AR-15 Upper. The route of least resistance would be to do a trust. You still have to pay the $200 tax stamp.
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August 9, 2011, 09:23 AM | #5 |
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I'm thinking when the OP asks about the tax on "each gun," the question either refers to using the SBR upper on multiple lowers OR in reference to making multiple SBRs.
The tax is paid PER FIREARM. That is, whichever AR lower you plan to mount that SBR upper on, that is the one that will be registered as a SBR. If you move it to another lower, you must register and pay tax on THAT lower as a SBR now as well. If you plan to make multiple SBRs, you need to register and pay tax on each one. |
August 9, 2011, 10:43 AM | #6 | |
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I believe Mr. Roberts means you will need a Form 1. (ATF Form 5320.1) |
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August 9, 2011, 01:15 PM | #7 |
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So if I have 3 AR completes, I then need to reg all 3 for a single upper that's 14"?
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August 9, 2011, 01:20 PM | #8 | |
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If you want to have MULTIPLE short barrel uppers for your registered short barrel rifle lower, you can also do that. |
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August 9, 2011, 02:33 PM | #9 | |
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T'were I to go the SBR route with an AR, I'd set aside a lower for that purpose and use that short barreled upper ONLY with that lower. If you mount it to an unregistered lower, you've created an unregistered SBR and you would be in violation of the NFA. I think this is what rjrivero was saying (correct me if I'm wrong); no need to register and pay tax on all the lowers to which you COULD attach that upper, just to the one that you DO. |
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August 9, 2011, 02:49 PM | #10 |
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Exactly correct, Technosavant. You only register the lower you are using to actually MAKE the SBR. Sorry if my post was unclear. It sounds like you and I are on the same page.
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August 9, 2011, 04:06 PM | #11 | |
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It's somewhat nonsensical, but it's the most logical interpretation of the laws and regulations at work. |
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August 10, 2011, 08:16 AM | #12 | ||
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In the past, ATF has indicated they would consider this constructive possession of an unregistered SBR since the multiple short-barrelled uppers with a single registered lower and an unregistered "normal" lower might suggest you were using the SBR uppers on the unregistered lower. This appears to be in contradiction to the Supreme Court ruling in Thompson Centerfire; but the ATF has interpreted that very narrowly in the past. Edit: Just read rjrivero's link to ATF Ruling 2011-4 in anotehr thread and it appears the ATF is backing off their earlier statements and adopting the holding in Thompson Centerfire. Still an area that makes me a bit cautious though... Last edited by Bartholomew Roberts; August 10, 2011 at 08:45 AM. |
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