SBA3 pistol brace

[JDG]

Just installed one of these on an AR pistol and it uses a standard Mil spec receiver extension. If A guy were to buy one of these for his SBR, could he simply swap it on before going out of state, and make life easy without any ATF permission slips, hall passes?

[GreaseMonkeySRT]

No. IANAL, but once registered as an SBR with the ATF, it's somewhat owned by them. There may be ways to "de-register" it, but it is not as simple as just swapping out the stock and calling it good. If it's under 26" in Michigan, it would need to be registered as a pistol, and again IANAL, but it more than likely can't be registered as both an SBR and a pistol at the same time.

[JDG]

No. IANAL, but once registered as an SBR with the ATF, it's somewhat owned by them. There may be ways to "de-register" it, but it is not as simple as just swapping out the stock and calling it good. If it's under 26" in Michigan, it would need to be registered as a pistol, and again IANAL, but it more than likely can't be registered as both an SBR and a pistol at the same time.

I have two SBRs regisered as MI pistols, both under 26" folded. Neither ARs...

[thedonn007]

I would get a pistol lower, which is what I did. $200 tax and 1 year wait is expensive and timely to replace.

[DrScaryGuy]

I have two SBRs regisered as MI pistols, both under 26" folded. Neither ARs...

you're mixing federal and state laws.
If you want to take your SBR across state lines, you need a permission slip. Once it's federally recognized as an SBR, it's an SBR and you need to follow SBR rules unless you get it unlisted as an SBR. You could probably put it back on the registry, but you'd need to pay and wait again.
Your best bet is probably to just do pretty much what thedonn007 said. Just get a pistol lower. Leave your SBR lower at home, swap the upper onto the pistol, and start driving. That way you're not breaking any federal laws, and you don't have to worry (as much) about taking an SBR into a state that doesn't allow them or doesn't have strong preemption over local laws like we do here in MI.

[JDG]

I don't have any AR SBRs, but did see a questionable video on the SBA3 that prompted my scenario question.

[Patrick]

While everyone knows you can go from pistol to rifle to pistol, it is not established that you can do the same for pistol to SBR to pistol. ATF 2011-4 explains the former, but seems to specifically exclude the latter.

An SBR is only an SBR when it is configured as one. You (maybe) can put a long upper on an SBR and take it across state lines, sell it, lend it, or give it away as long as the short upper does not go with it. ATF used to have this in their FAQ, but has since replaced it with other things. That FAQ said "as long as you no longer retain control of the parts to make" the SBR again (or words to that effect), but they don't define control. I think it was generally understood to mean you could leave the short parts at home when traveling.

That FAQ is available here on the internet wayback machine:
https://web.archive.org/web/20150627...rearms-act-nfa

There is no requirement to "unregister" a former NFA item, but ATF would like you to inform them so they can keep the registry up to date. (You'd hate for the registry to be incomplete or inaccurate, now wouldn't you).

[JDG]

So it looks like you can take the SB away, add a 16" upper to the registered lower, and all is good. Carry on like it's a normal rifle? But no word on taking the butt stock off a SBR, and sliding on a SBA3(or a pistol brace). To my limited knowledge, it's the only one I'm aware of that uses a mil spec tube, I'm sure there are others. Would you still have to notify on the above example? It looks like you can loan it to hunt, like all NFA rules go away with the short barrel.