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OLD SBR question

Discussion in 'GATE NFA/Class III' started by rem2429, Mar 24, 2010.

  1. rem2429

    rem2429

    1,673
    0
    Nov 26, 2004
    Llano, TX
    So an elderly family member dies and has an SBR created in the 1910's before it was regulated. What now?
     
  2. Zak Smith

    Zak Smith 3Gunner Millennium Member

    502
    3
    Aug 25, 1999
    Fort Collins, CO, USA
    Possession of a non-registered SBR is a felony.

    Here is an ATF letter on the subject
    http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html

     

    Last edited: Mar 24, 2010

  3. rem2429

    rem2429

    1,673
    0
    Nov 26, 2004
    Llano, TX
    I realize the nature of the problem.
    This is not in my possession, but I recommended the owner disassemble it and seperate the parts at the very least.
    Was there any grandfather clause for old weapons?
    I would think if there is no clause, then then the heir should destroy this.
    This was built pre-NFA, but I'm not sure how to prove that.
     
    Last edited: Mar 26, 2010
  4. Zak Smith

    Zak Smith 3Gunner Millennium Member

    502
    3
    Aug 25, 1999
    Fort Collins, CO, USA
    There have been various amnesty periods in the history of NFA, but there is none currently.

    That it was built pre-NFA doesn't really matter.

    There are two situations I will bring your attention to: Remember that you can possess an AR-15 SBR upper if you do not possess any AR-15 lowers at the same time. Conversely, a receiver cannot run afoul of SBR length rules by itself, with no barrel in possession. In a hypothetical situation, an antique action in a stock with no barrel mounted (or in possession) cannot be an SBR.

    -z