[tnw50cal]

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.

 

[7.62Kolectr]

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.

Not true. They would like you to notify them but no law dictates he has to.
Once a gun is on the registry it never comes off. They would simply notate its new non NFA configuration and that's it.
He can change it back to non NFA configuration and sell it same as any other gun.

 

[kansascity45]

It's a good question. I'm no expert, but understanding is that you could sell it as a pistol if it was originally an pistol, or after finding an in-state buyer, sell it through your local Class 3 FFL dealer. Of course, the buyer is subject to the usual AFT Form 4 process.

Here's the BATF's poop sheet on NFA transfers

https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-9/download

Cheers

 

[ray1970]

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.

 

[gkgeiger]

I have a call in to the ATF waiting a reply. I will let you know what they say.

 

[COBE]

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.

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.

 

[wct097]

I don't know about the MPX, but my theory on my AR SBRs has always been that I'd simply part them out and keep the lower receiver. That way I'm not going through the hassle of selling one of my home built (and engraved with my trust name) guns for a massive loss. I figure I can sell a complete upper, stock, and trigger group more easily than a gun with my name on it.

 

[gkgeiger]

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.

V/r,"

Then I asked if I had to wait for the letter to sell the gun. Here's the reply.

"Good morning,

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.

V/r,"

 

[mugsy9010]

If I purchase a pistol, configure it to a rifle or SBR, I can legally return it to a pistol configuration.

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.

Sale is another matter entirely, I would suggest having it removed from the NFA and getting an interpretation in writing from the ATF prior to sale.

 

[mugsy9010]

From the NFA handbook:

Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of components.
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.

For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel.

Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified firearm is not subject to the NFA. NOTE: an acceptable method for permanently installing a barrel
extension is by gas or electric steel seam welding or the use of high temperature silver solder having a flow point of 1100 degrees Fahrenheit.

Whereas, a machine gun is a machine gun even if you take the full auto parts out of it, and must be destroyed to be removed from NFA:

2.5.1 Removal of machineguns and silencers from the scope of the NFA. Machineguns are defined to include the receiver of a machinegun and the definition of silencer includes each component of a silencer. Therefore, to remove these weapons from the provisions of the NFA, the receiver of a
machinegun or all the components of a silencer must be destroyed.

 

[mugsy9010]

That's why I have a lawyer for these types of questions^. Simply too much at stake for me to make a silly mistake.

Thanks.

 

[jweeks]

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.

V/r,"

Then I asked if I had to wait for the letter to sell the gun. Here's the reply.

"Good morning,

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.

V/r,"

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?

 

[Steelhat]

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?

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.

I don't think so because it never was a pistol in the first place.

 

[Thompson415]

An SBR is an SBR so no you can not do the same thing with a factory SBR as the OP is asking to do