05-12-2012, 03:49 AM
keith13b Wrote:If you do - you are an idiot - as you or someone has paid $200 to register it. Why de-register - you don't get your $$ back. You can put an upper >16" on it and all is good (no paperwork required)- but the value of a registered rifle far exceeds a standard rife that has been "de-registered". Once the stamp is paid for - keep it and put any >16" upper on it and it is still worth nearly twice the price since someone can put a <16" upper on it and update the Form if transferred as a SBR! Or you can sell it as a std. rifle at normal price as long as the upper is >16". De-registering it is throwing $200 away, plain and simple.
Bad advice - VERY BAD ADVICE - - Be careful who you listen to. A receiver is MANUFACTURED as a rifle or a pistol - nothing is required to be marked. You cannot have a rifle receiver and put a "pistol" upper and buffer on it and think your ass is clean. The receiver is listed by the manufacturer as a pistol, not what an internet jockey thinks it is. And there are no marking required. But the serial # is defined as a rifle or pistol. Just wait until something bad happens and a prosecuting attorney does his homework. Mandatory sentences are no joke. Ignorance is no excuse.
A pistol can be configured as a rifle, but not vice versa! When in doubt contact you local BATF field office. DO NOT take advice from an internet forum! Its your ass on the line. The penalties are SERIOUS! Please do your homework first!
Really?
This came straight from the SCOTUS and the BATFE...did you even read the posts thoroughly for context?...I thought not.
Try this from the ATF ruling (sourced earlier in the thread): "Therefore, so long as a parts kit or collection of parts is not used to make a firearm regulated under the NFA (e.g., a short-barreled rifle or any other weapon as defined by 26 U.S.C. 5845(e)), no NFA firearm is made when the same parts are assembled or re- assembled 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). 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."
Did you catch that?..." ...when reconfigured as a pistol,..."
Your type of internet jockeying is precisely why the ATF issued the ruling in July 2011.
Before you come on the forum shot gunning folks maybe you ought to read for comprehension (and take your own advice) and do your homework first.
An SBR is worth more? YGBSM. I would agree that a NFA item that is no longer available to be "stamped" would be worth a lot, but not an SBR that can be readily "made" and approved by the ATF for a $200 stamp. Even when transferred, you pick up a new $200 charge for the new stamp. [i. Rate of Tax. The tax on the transfer of any NFA firearm is $200.00, except that the tax is $5.00 on the transfer of a firearm classified as any other weapon.] - http://www.atf.gov/forms/download/atf-f-5320-4.pdf. There could be many reasons for de-registering: death of stamp holder, relocation to a state which doesn't allow SBRs, etc.
If you had even bothered to read the thread thoroughly, you would have also seen that I wasn't recommending this, just saying it was possible.