Texas3006 Forum

I want to build a short barrel rifle.
1. What is the best way to go about getting a tax stamp for doing this?
2. If I want to buy or build additional SBR's or suppressors would a NFA multi-generational trust be the best way to go?
3. If so, recommended way to setup the trust?

I carry Texas Law Shield and had them set-up my trust. Went very smoothly. PM me if you want contact info.

Since the tax stamp can take such a long time, I’d suggest starting the build out as a pistol. That way you can actually get some use out of it while you’re waiting.

bblhd672 wrote: ↑Mon Mar 22, 2021 9:37 am I want to build a short barrel rifle.
1. What is the best way to go about getting a tax stamp for doing this?
2. If I want to buy or build additional SBR's or suppressors would a NFA multi-generational trust be the best way to go?
3. If so, recommended way to setup the trust?

1. To convert an existing lower to an SBR, you'll submit a Form 1 (by 'existing' it can be just a stripped lower; or an already assembled rifle that you're wanting to change to an SBR). This can be done by either mailing the paperwork to the ATF, or submitting the documents online. The big difference between the two seems to be approval times; paper form several months vs online approval in about 4 weeks. ((Note: for the online submission, I think the fingerprint card still has to be mailed. Someone much more literate in this can please weight in)).

2. Remember that if you submit your Form 1 as an "Individual", you & only you can be in possession of the SBR (or, someone else while you are physically present). If you're wife has access to the gun safe while you're away from home & uses the SBR in self defense, she would technically be in possession of an NFA item. If you summit as a "Trust", you can add your wife later (or any other person over 18) as a Trustee & they will have equal ability to have possession of the NFA items listed on the Trust's addendum.

3. Ditto on using a service to set it up for you. I used Capitol Armory in Round Rock, since they were somewhat local and did the notary for the trust; and fingerprints, photo, & submitted everything for the Form 1. I'm sure there's a comparable service near you as well.

IANAL.

For part 2/3, remember that each person listed as a member of the trust needs to be fingerprinted, with the fingerprints submitted to the ATF. If the person is designated as a beneficiary and not a member, then the person need not be fingerprinted, but the individual won't be allowed to take possession of the NFA item.

Segway to the constructive possession issue with NFA items. The two things to worry about with constructive possession is access to the NFA item (safe combo, for example). This can be mitigated by putting your wife on the trust if she has the combo to your safe, or if she doesn't, make sure she never knows it. The other issue is having parts on hand to create an NFA item, be it suppressor baffles, a short barrel for a PS90, etc. Be sure that whatever parts you have on hand can be used legally in some way shape or form.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

There's your tax stamp...

Update to this...I've purchased a AR pistol to convert into a SBR. It appears my alternatives are: 1. Form 1 online submission $200 or 2. Setup a trust costing $200-300, then submit Form 1 for $200 which would allow anyone on the trust to use the SBR.

Mike s wrote: ↑Wed Mar 24, 2021 11:39 am The big difference between the two seems to be approval times; paper form several months vs online approval in about 4 weeks. ((Note: for the online submission, I think the fingerprint card still has to be mailed. Someone much more literate in this can please weight in)).

Correct.

While the Form 1 is completed online, 1) a completed fingerprint-card still has to be physically mailed to the ATF and 2) a copy of the Form 1 application printed-out and mailed to (or dropped-off) at your local PD.

Fingerprints can be done by yourself - I couldn't do good prints on my own, so I went to my local PD who charged me $10. I then immediately dropped a copy of my Form 1 application with the PD receptionist (for attention the Chief) and mailed the prints to ATF.

Also, the ATF will send you as many fingerprint cards as you like, totally free (and they arrive quickly, typically 4-5 days): https://www.atf.gov/distribution-center-order-form

For those that know, and I don't, how does one carry a SBR in Texas? It is not a handgun so technically it is a rifle, correct? Can it be carried concealed, open and loaded like any long-gun, on your gun rack in a pickup? What signs would prohibit entry, a gun buster saying no firearms? A no firearms with the pistol crossed out would apply to handguns? Does 51% sign have any effect? Is there any difference in carry laws for a SBR vs something like a full size AR? May sound like a dumb question but knowledgeable people are here. I am not SBR knowledgeable.

rotor wrote: ↑Sun Apr 11, 2021 5:36 pm For those that know, and I don't, how does one carry a SBR in Texas? It is not a handgun so technically it is a rifle, correct? Can it be carried concealed, open and loaded like any long-gun, on your gun rack in a pickup? What signs would prohibit entry, a gun buster saying no firearms? A no firearms with the pistol crossed out would apply to handguns? Does 51% sign have any effect? Is there any difference in carry laws for a SBR vs something like a full size AR? May sound like a dumb question but knowledgeable people are here. I am not SBR knowledgeable.

It's a long gun, just not as long . But you will need to carry a copy (never the original!) of the tax stamp from the ATF, just in case you are ever stopped / questioned.