OLD SBR question [Archive] - Glock Talk

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rem2429
03-24-2010, 13:35
So an elderly family member dies and has an SBR created in the 1910's before it was regulated. What now?

Zak Smith
03-24-2010, 13:49
Possession of a non-registered SBR is a felony.

Here is an ATF letter on the subject
http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html


If there are unregistered NFA firearms in the estate, these firearms are contraband and cannot be registered by the estate. The executor of the estate should contact the local ATF office to arrange for the abandonment of the unregistered firearms.

rem2429
03-26-2010, 13:49
I realize the nature of the problem.
This is not in my possession, but I recommended the owner disassemble it and seperate the parts at the very least.
Was there any grandfather clause for old weapons?
I would think if there is no clause, then then the heir should destroy this.
This was built pre-NFA, but I'm not sure how to prove that.

Zak Smith
03-29-2010, 19:15
There have been various amnesty periods in the history of NFA, but there is none currently.

That it was built pre-NFA doesn't really matter.

There are two situations I will bring your attention to: Remember that you can possess an AR-15 SBR upper if you do not possess any AR-15 lowers at the same time. Conversely, a receiver cannot run afoul of SBR length rules by itself, with no barrel in possession. In a hypothetical situation, an antique action in a stock with no barrel mounted (or in possession) cannot be an SBR.

-z