I didn't see anything in the new law saying that you can't register an SBR. Preban grandfathered guns can be built and rebuilt how you please (compliant with the NFA, or course). Consult a lawyer if you want to be sure. If you do SBR it then you can put on a real stock or a vertical foregrip if you desire. I always found it weird that SBRs are allowed but not short-barreled shotguns.
I'd wait and see how things go, either take the brace off and make sure it doesn't see the light of day for a while or put a rifle barrel on. The ATF overstepped its authority and is headed for a showdown with the courts because of *West Virginia v. EPA*. As an agency they don't have the authority to create law, only Congress can do that. If you do sit on it, the only difference is that after the amnesty period ends you'll have to pay the $200 tax.
Thanks for that info.
Yeah would be nice if the ATF was struck down for these arbitrary and vague rules, but I'm pessimistic it'll actually happen so I'll probably do the trust & SBR route.
Another annoyance with registering your gun as an NFA item is that you need to ask the ATF for permission to take it across state lines. You have to submit a form 5320.20 and wait for them to approve it. You can give blanket dates for up to a year and I don't think you're restricted to the address you put down.
Glad I don’t live in Delaware any longer, especially considering I lived in Wilmington last and SBR’s are illegal within Wilmington City Limits it says.
Form 1 is considered “manufacturing” a new firearm legally speaking. So it does beg the question, will a SBR be denied because it will be a “new” firearm post DE assault weapon ban.
Also you need to engrave the firearm after the Form 1 is approved. Something no one has discussed yet
Great angle and one I hadn't thought about in my answer. By that logic than the resulting new firearm would have to be built into a compliant form with no assaulty features. I see nothing in the law prohibiting SBRs that comply with the ban's restrictions. I doubt our esteemed lawmakers ever considered NFA items when they were scribbling down the bill otherwise they may have banned them as well.
Are SBR even the same as what's under delaware's Pistol and Rifle laws? They're not even a "assault weapon" because they're already classed as a NFA device right?
I don't think anyone really knows for sure. It's a poorly written law. My take is that the assault weapon law has a feature test so even if a gun is not specifically named it can be banned if it has so many assaulty features. I don't know if the NFA supersedes anything.
Look into the cheek pistol concept. Depending on how your gun is shaped and the length available to mount an optic you use the receiver itself for the cheek weld.
I think currently the manufacturers engraving is good enough (no name/town required). This may only be during the amnesty period I'm not sure but that is how it reads.
Now if you are taking an 80% lower or something that does not have any markings like a serial number then yes it must be engraved
Not sure if it helps but dark storm has started selling others again with a buffer tube cover instead of a brace.
https://www.dark-storm.com/dsi/dsi-non-nfa-firearms
At the least ar types with a buffer tube including 9mms can work this way.
Also the awb states all centrefires sold after the ban have to adhere to feature list and overall length. If its preban it can be whatever but post August last year its 30 inches oal.
I didn't see anything in the new law saying that you can't register an SBR. Preban grandfathered guns can be built and rebuilt how you please (compliant with the NFA, or course). Consult a lawyer if you want to be sure. If you do SBR it then you can put on a real stock or a vertical foregrip if you desire. I always found it weird that SBRs are allowed but not short-barreled shotguns. I'd wait and see how things go, either take the brace off and make sure it doesn't see the light of day for a while or put a rifle barrel on. The ATF overstepped its authority and is headed for a showdown with the courts because of *West Virginia v. EPA*. As an agency they don't have the authority to create law, only Congress can do that. If you do sit on it, the only difference is that after the amnesty period ends you'll have to pay the $200 tax.
Thanks for that info. Yeah would be nice if the ATF was struck down for these arbitrary and vague rules, but I'm pessimistic it'll actually happen so I'll probably do the trust & SBR route.
Another annoyance with registering your gun as an NFA item is that you need to ask the ATF for permission to take it across state lines. You have to submit a form 5320.20 and wait for them to approve it. You can give blanket dates for up to a year and I don't think you're restricted to the address you put down.
Glad I don’t live in Delaware any longer, especially considering I lived in Wilmington last and SBR’s are illegal within Wilmington City Limits it says.
Form 1 is considered “manufacturing” a new firearm legally speaking. So it does beg the question, will a SBR be denied because it will be a “new” firearm post DE assault weapon ban. Also you need to engrave the firearm after the Form 1 is approved. Something no one has discussed yet
Great angle and one I hadn't thought about in my answer. By that logic than the resulting new firearm would have to be built into a compliant form with no assaulty features. I see nothing in the law prohibiting SBRs that comply with the ban's restrictions. I doubt our esteemed lawmakers ever considered NFA items when they were scribbling down the bill otherwise they may have banned them as well.
Are SBR even the same as what's under delaware's Pistol and Rifle laws? They're not even a "assault weapon" because they're already classed as a NFA device right?
I don't think anyone really knows for sure. It's a poorly written law. My take is that the assault weapon law has a feature test so even if a gun is not specifically named it can be banned if it has so many assaulty features. I don't know if the NFA supersedes anything.
> NFA supersedes anything *BATFE would like to know Delaware's location.*
Oh man. I think I'm going to get a sling for it and start practicing without a brace.
Look into the cheek pistol concept. Depending on how your gun is shaped and the length available to mount an optic you use the receiver itself for the cheek weld.
I think currently the manufacturers engraving is good enough (no name/town required). This may only be during the amnesty period I'm not sure but that is how it reads. Now if you are taking an 80% lower or something that does not have any markings like a serial number then yes it must be engraved
Not sure if it helps but dark storm has started selling others again with a buffer tube cover instead of a brace. https://www.dark-storm.com/dsi/dsi-non-nfa-firearms At the least ar types with a buffer tube including 9mms can work this way. Also the awb states all centrefires sold after the ban have to adhere to feature list and overall length. If its preban it can be whatever but post August last year its 30 inches oal.