Legal Brief: Building an SBR in 2024

Overview

Legal Brief is a series where the ins and outs, and the dos and don’ts of the firearms world are covered. From popular topics to more niche subjects, the Legal Brief tries to help our readers be the best gun owners. Venture Out is an Ohio-based outdoor social channel, so most of our articles, videos, and posts, lean towards that fact. Legal Brief is no exception. The things discussed here are geared towards Ohioans. If you are residing in a different state, please follow all the laws and regulations regarding that state. Furthermore, Venture Out is not legal counsel. So please, if you have further questions, seek the appropriate legal authorities on the subject.

Why Short-Barreled Rifle?

The short answer: because they are fun. The long answer: because a rifle with a shorter barrel increases maneuverability in a confined space. Think close-quarter combat (CQB) within your home. The downside, guns with shorter barrels have decreased performance at longer distances. Thankfully, cartridges like 300 Blackout or 9mm perform well in short barrels, while 5.56 NATO has serious shortcomings, especially when the barrel falls below 10.”

That leads to the idea of a “truck gun.” The premise is largely dependent on the landscape. For example, if you live in rural areas, an arm capable of taking game or stopping predatory threats might be a more versatile option than a small-caliber SBR. On the flipside, in urban or suburban areas, where the primary threats walk on two legs, an AR-style rifle is more effective. Turn it into an SBR, and the AR platform becomes more adaptable. It’s the idea that if something bad happens or a threat presents itself, you can fight your way home. An SBR for home defense is a force multiplier compared to a pistol. Generally, people shoot rifles better than pistols. That’s an advantage in a high-stress situation.

But why go through the ATF headache of owning one? This is a valid point and one that must be made. Recently, District Court Judge Reed O’Connor granted summary judgment in favor of FPC’s (Firearms Policy Coalition) Mock v. Garland. Thus, vacating the feigned ATF attempt to strip law-abiding citizens of commonly found accessories. Pistol braces are back. That almost makes SBRs irrelevant—almost. A brace on an AR pistol is a solution that addresses fundamental issues with the National Firearms Act (NFA), but it doesn’t necessarily make the firearm better. Braces, by nature, are not as robust as a stock. Moreover, the firearm’s designation as a “pistol” means certain accessories cannot be attached—such as a vertical grip which would reclassify the weapon as a rifle (or SBR in this case).

A registered SBR can utilize stocks and almost any accessory you can think of. I find the primary benefit of a braced pistol is the ability to take it places without filling out Form 5320.20—something that all NFA items must have approved before transferring out of state (though, Google searches will show conflicting arguments on whether Suppressors are included). That aside, I find having at least one (or more) SBRs is ideal for engaged enthusiasts who want to advance their skill set in the training arena and have a thorough home defense strategy. An SBR here strikes the perfect balance of performance and a small, maneuverable package.

How Do You Attain One?

There are two routes when it comes to possessing an SBR. First, buy an existing SBR from your local FFL/SOT dealer. An SBR requires the same ATF Form 4 as a suppressor. The only minor difference is a declaration of purpose. (Oddly, an SBR requires one, but a suppressor does not). This is a simple statement such as, “For all legal purposes,” or, “For personal collection.” Current electronic Form 4 wait times have made this a very intriguing option, with the wait down to weeks or even days.

But what if you already have an AR pistol and want to convert it to an SBR? This is where an ATF Form 1 comes into play. For this point, I will be referencing electronic submission done as an individual, as it’s become the most convenient option (eforms.atf.gov). A Form 1 is the creation of an NFA item. The process is like a Form 4, but adds a section titled “Line Item.” Here is where you “create” the firearm. This will include information such as Manufacturer (that must be verified), Manufacturer Country, Product Type, Model, Caliber, Unit of Measure, Length of Barrel (in.), Overall Length (in.), Serial Number, Description, Statement of Why You Intend to Make Firearm, and a close-up photo of any stamping/engraving currently on the serialized part. (For this, I took a close-up picture of the manufacturer’s markings on the receiver for the photo).

One aspect of a Form 1, like a Form 4, is the inclusion of a fingerprint card and passport-style photo (of yourself). EFT files that contain electronic versions of the traditional hard copies can be uploaded since the Form 1 is done electronically. This is done in the Responsible Persons tab under “Actions.” Some SOTs that possess the equipment can create an EFT file, as can law enforcement agencies and some UPS stores. Please call beforehand for confirmation. If an EFT file isn’t possible, then physical cards must be submitted by mail within ten business days of the Form 1 submission. AFT states, “Upon submission of the application, the eForms system will email a cover sheet to the applicant. The cover sheet is to be printed as it will provide the control number of the transaction and the address to which to send the paper fingerprint cards.” For the photo, it can be submitted electronically. It must be passport-style—meaning, a white (or neutral) background with the picture taken from the shoulders up. The photo must be saved as either a JPG, JPEG, or PNG.

After this, it’s straightforward. Answer yes/no questions, fill in your information, add CLEO info, verify everything is correct, and then pay the $200 fee and submit. In a few days or weeks (or longer if you must mail fingerprint cards), an approved Form 1 will arrive in your inbox. As an aside, something that has changed on Form 1s is the requirement to engrave the receiver with a new Serial Number (since you are technically manufacturing a new firearm). This requirement seems to have been dropped during the pistol brace amnesty period. Nothing I’ve read points to this as a requirement. Thankfully, this removes a tedious and pointless step.

Final Thoughts

SBRs are cool. And in 2024, they’ve never been easier (or quicker) to possess. The advantages of having one (or more) are many, even with one strong negative (out-of-state travel). Hopefully, this positive trend will continue as more people add NFA items to their collections. In a perfect world, the NFA (and the ATF for that matter) should be rescinded. No one (that I know of) is walking around in a trench coat with a short-barreled Tommy Gun ready to pull a heist. In 2024, the National Firearms Act is archaic and has become a scheme for quick cash and the creation of a registry. That said, this is the time to take advantage of short wait times.