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Originally Posted by
Toonces
BWT, I apologize for coming off as an ass. I re-read what I wrote. If we had been standing face to face, the in person conversation would not have made you want to punch me in the head. I hope.
The sentences before the underlined part specifically say if no NFA item was made. This is about a registered SBR. It doesn't look like that applies.
Im tent camping. My iPad died. My phone is low. Have a good evening.
I forgive you. I'll be honest, my wife and I were out hiking at Triple Falls in our area and it was gorgeous. I put my phone in airplane mode. I checked it after going to the restroom on our way back and my wife was asking me why I looked so frustrated.
It's not worth flipping out or ruining an afternoon; this really is internet debate. It's really not worth time away form our families or impacting our relationships. I appreciate you saying something and honestly, I really respect you for doing so. If we lived closer; I'd think we'd need to get together sometime and go shooting, etc.
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The sentences before the underlined part specifically say if no NFA item was made. This is about a registered SBR. It doesn't look like that applies.
So, let me break the paragraph and sentences in it a bit more. Before doing that, you referred to the sentence before this paragraph.
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Conversely, if the parts are assembled into a rifle having a barrel or barrels 16 inches in length or more, a rifle not subject to the NFA has been made.
This is in regards to a rifle being put in a configuration with a barrel length greater than an SBR; makes the weapon not subject to NFA and therefore not subject to the From 5320.20 to cross state lines.
Let's get down to business on this part of the thread. My comments will be in italics and parentheses.
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Therefore, so long as a parts kit or collection of parts (A handgun would be a perfect example - BWT) is not used to make a firearm
regulated under the NFA (emphasis *UNDER THE NFA* - BWT) (e.g., a short-barreled rifle or “any other weapon” as defined by
26 U.S.C. 5845(e) (pistols as I said in my previous post are *NOT* weapons subject to the NFA -BWT)), no NFA firearm (a pistol is *NOT* an NFA firearm - BWT) is made when the same parts are assembled or reassembled
in a configuration not regulated under the NFA (e.g., a pistol, or a rifle with a
barrel of 16 inches or more in length) (It specifically uses a pistol as an example; it also says pistols are not regulated under the NFA - BWT).
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Merely assembling and disassembling such a rifle
does not result in the making of a new weapon; rather, it is the same rifle in a knockdown
condition (i.e., complete as to all component parts). Likewise, because it is the same
weapon when reconfigured as a pistol, no “weapon made from a rifle” subject to the NFA
has been made.
A Form 1 is literally a is sometimes referred to as a "weapon made from a rifle or shotgun, etc." On the form 1 it literally is an application to make a weapon (https://www.atf.gov/file/11281/download).
When a "weapon made from a pistol/rifle/shotgun" reconfigured as a pistol/rifle/shotgun (in this example and the example in the Supreme Court case back in 1992); is no longer subject to the NFA when it no longer fits the dimensions that are regulated.
Further in the .PDF it states
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(b) Convert a complete weapon into such an NFA firearm, including –
(1) A pistol and (This means don't bring your shoulder stock with you when it's in pistol configuration - BWT) attachable shoulder stock; and
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(2) A rifle with a barrel of 16 inches or more in length, and an attachable barrel
of less than 16 inches in length.
Such weapons must be registered and are subject to all requirements of the NFA.
I hope this helps. From everything I've ever read and understood in regards to Short Barreled Rifles, and it's clear to me in this document from the ATF that if it's not in configuration and the parts aren't physically present with the weapon (ETA: to restore the weapon to it's NFA configuration); it is no longer purview to the NFA.
Now, crossing state lines; as I understand it the weapon is no longer federally regulated out of that registered configuration or the components are present to readily restore that weapon to it's registered condition (when an SBR/SBS).
You'll still be subject to all local/state legalities but as long as that pistol is not configured as an SBR; you would not be subject to the NFA and thus a Form 5320.20 would not need to be filed/approved before crossing state lines.
I hope this helps and I'm glad to be able to put our dispute aside Toonces. Man, you and I have had it out over this week, no?
God Bless,
Brandon
ETA: At this point, if you have any further concerns; I'd contact someone like Joshua Prince (Lawyer) or others and I can recommend those via PM. I apologize to Tom and any others if I did any of this incorrectly/disobeyed directions, etc.