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sbr transfer ?

MIKE WISKEYMIKE WISKEY Member, Moderator Posts: 9,972 ******

Mark, where are you šŸ˜€, a 'friend' came to me today. he was involved in a storage locker 'buy' that involved 2 firearms and as the true buyer was a felon. he got these. one is a short barreled ar-15 complete with registration, tax stamp, and paper work to the original owner of the storage unit..........who is deceased. I advised him to go to the local sheriffs dept. with the paper work and 'rifle' and asked them how to proceed. I also told him they may 'request' that he surender the rifle. any opinions?

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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited May 2021

    I'm unclear as to who is who, and where the felon gets involved.


    By the numbers:

    The death of the SBR owner means that his AR becomes a part of the deceased estate. The BATF will generally allow executor of the estate up to 120 days to dispose of the firearm. What happens depends on whether the plan is to sell it to a dealer or an individual. Dealer means a Form 3. An individual means a tax paid Form 4. If the SBR was in the owners will, it could be transferred by bequest to someone tax free on a Form 5.

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    MIKE WISKEYMIKE WISKEY Member, Moderator Posts: 9,972 ******

    had a very nice conversation with Mark, cleared up several points and gave the 'owner' some direction.

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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited May 2021

    Mike, it was great talking with you. I apologize for droning on, but taking to such a fine member of our forum is always a pleasure.

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    steve45steve45 Member Posts: 2,937 āœ­āœ­āœ­

    Buy a barrel wrench and let the short barrels "sleep with the fishes"

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    MIKE WISKEYMIKE WISKEY Member, Moderator Posts: 9,972 ******

    "Buy a barrel wrench and let the short barrels "sleep with the fishes""...........the problem with that is the 'receiver' has already been registered as a sbr by serial number.

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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******

    Exactly. If it was transferred and the registered and the owner decided he no longer wanted an SBR, the rifle can be removed from registration by contacting the BATF and providing "convincing evidence" that the firearm has been modified to the point that it no longer fall under the preview of the NFA. A photo of the registered SBR AR-15 fitted with a 16+ inch barreled upper would be sufficient. Since the original registration process was burdensome, and because the $200 tax is NOT refundable, very few people go this route. There was too much time, effort and money put into the registration to walk away.

    Keep me in the loop of any changes in the rifle's status.

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    steve45steve45 Member Posts: 2,937 āœ­āœ­āœ­

    It doesn't sound like the storage unit buyer or even the "friend" is going to get to legally keep the rifles. I'd salvage the parts and move on.

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