What is the procedure and is it even possible? Can I remove the stock and sell as a Pistol once registered as an SBR? Oh, It's an MPX.
Not true. They would like you to notify them but no law dictates he has to.If it started as a pistol before you made it a SBR then yes you can sell it as a pistol.
You will have to send a letter to the BATF to have it removed from the NFA registry.
It is at the point of manufacture that the NFA establishes "rifle or pistol". So if I purchase a rifle, and modify to become a pistol, I have triggered the NFA sanctions because I have either shortened the barrel under 16" and/or shortened the overall length under 28".I'm by no means an expert, but I thought once it became a rifle you couldn't convert it to a pistol?
Once a rifle, always a rifle.
I believe that is also correct, the key here being "I can". The manufacturer (the OP in this case) can do nearly whatever he wants to his weapon, similar to a "AR" style registered SBR lower that can have multiple uppers of any barrel length.If I purchase a pistol, configure it to a rifle or SBR, I can legally return it to a pistol configuration.
Sorry for the delay. Here's the answer I got from the ATF.
"Good morning Gene,
In case you haven?t received your answer yet?
Yes, you can sell it as a pistol. You?ll have to check with your state laws to see if you need to do anything to be lawful. You?ll also need to write a letter to the NFA Branch advising you are removing the stock, removing it from under the purview of the NFA, and selling the pistol. The letter will need to include your trust name, who you are to the trust, your address, the mfg, model, SN, and I?d include some type of contact information (email or phone number, in case they have any questions). Once a specialist reviews your request they will send you a letter advising it is no longer under the NFA purview and a regular pistol again. The letter can be sent to [email protected] or BATFE / NFA Branch, 344 Needy Rd, Martinsburg, WV 25405.
If you are selling it as a SBR: The transfer will have to be on a form 4, the form must be approved and you must have the approved stamp to transfer to the buyer at the same time as the SBR. If you are selling it to a person (an individual, trust, LLC, Co, etc) they must be in the same state as you. If you are selling it to a dealer who has both a active FFL and SOT licenses, you can sell it to them even if they are out of state.
Let me know if this helps or you have any other questions.
Then I asked if I had to wait for the letter to sell the gun. Here's the reply.
No Sir, you don?t need to wait.
I would keep a copy of the letter you send in, with a note of the date that you sent it. It shouldn?t be needed, but in case any questions arise or your request gets lost, you have a copy.
Does this response apply to a factory sbr mpx? Like if you have a factory built mpx sbr, can you remove the stock, send in a letter, and sell as a pistol? Or is this stuck as a rifle since it left the factory as a rifle?
I don't think so because it never was a pistol in the first place.It is at the point of manufacture that the NFA establishes "rifle or pistol". So if I purchase a rifle, and modify to become a pistol, I have triggered the NFA sanctions because I have either shortened the barrel under 16" and/or shortened the overall length under 28".
If I purchase a pistol, configure it to a rifle or SBR, I can legally return it to a pistol configuration.