AR Pistol to SBR How to Guide
New ATF rules might be coming to essentially turning AR Pistols with braces into short-barreled rifles (SBR's). This has been significantly talked about over the last few years. That could be coming a reality this year. Many people have been reaching out to us to start a gun trust and to get help applying for a tax stamp to make an SBR. Below we will describe the process and steps below.
You can get your ATF Approved NFA Tax Stamp for a SBR in, as little as 4 steps. This is assuming that you aren't a prohibited person in the eyes of the ATF and that the NFA Firearm that you are applying for is legal for you to own in the state that you are applying for it in.
Step 1 - Create and Establish your NFA Gun Trust (if applicable):
You can file for your tax stamp under three entities: an individual, a NFA Gun Trust or a legal entity. We recommend that you purchase your NFA Tax Stamp with a NFA Gun Trust, as that provides you the most flexibility for you in the future. If you are applying as an individual or as another legal entity, you can skip this step. We have an article here that explains the advantages of purchasing your NFA Firearm with a NFA Gun Trust, but ultimately the choice is yours. If you do decide to apply for a NFA Tax Stamp with a NFA Gun Trust, you can purchase our NFA Gun Trust here - Purchase Your NFA Gun Trust. Once purchased, we will review your trust and send you a final copy. Once this is received you will need to get the trust, dated, signed, witnessed and notarized. Once that is completed you can move to step two.
Step 2 - Complete and submit your ATF 5320.1 Application to Make and Register a Firearm paperwork:
You can use our ATF Paperwork walk-through guides below to aide you in that process. You can apply using the ATF Form 1 paper application or the ATF's eForm website. The average approval time using the ATF Form 1 paper application is 6 to 11 months. The average approval time using the ATF eForm 1 application is 32 days. You can view our ATF Form 1 / ATF eForm 1 approval tracker for more detailed information here.
*ATF Paperwork Walk-Through Guides:
- ATF Form 1 5320.1 Walk-Through Guide
- ATF eForm 1 5320.1 Walk-Through Guide
- ATF Form 5320.23 Walk-Through Guide (Not Required for Individual Applicants)
With the ATF 5320.1 Application to Make and Register a Firearm, if you are filing for your ATF Tax Stamp as an individual then you will not be required to fill out the ATF 5320.23 Responsible Persons Questionnaire, all of these questions will be answered on the ATF 5320.1. Subsequently, if you are filing for your ATF Tax Stamp with a NFA Gun Trust or as a legal entity then you will be required to fill out the ATF 5320.23 Responsible Persons Questionnaire. The ATF paperwork will require additional sub-steps.
- You will need to fill out the ATF Form 1 if you are applying using the paper application. If you are going to apply using the ATF's eForm website, the ATF Form 1 will be generated automatically for during on your web application.
- You will need to complete a ATF 5320.23 Responsible Persons Questionnaire for every responsible person if you are applying for your tax stamp with a NFA Gun Trust or as a legal entity.
- You will need to get one 2"x2" passport photo and two FD-258 fingerprint cards for each responsible person in the application. If you are filing as an individual then this will be the person applying. If you are applying with a NFA Gun Trust then this will be the identified responsible persons within the trust. In our NFA Gun Trust this is the settlor and any co-trustees that are named. If needed, we provide passport photo printing services to ensure your passport photo will be accepted by the ATF.
The last and final step of the application is to package up your ATF paperwork and submit the paperwork to the ATF and to your identified CLEO. If you are applying using the ATF's eForm website, you will submit your application digitally, but you are still required to mail your CLEO paperwork to your CLEO and mail the cover sheet with your fingerprint cards to the ATF. When you submit your ATF paperwork to the ATF, we always recommend to send this paperwork to the ATF with a mailing service that allows for a tracking number. This is for you to ensure that your paperwork arrived to the ATF. At the bottom of the ATF 5320.1 Application to Make and Register a Firearm walk-through guide and ATF eForm 1 walk-through guide there is a mailing checklist for the ATF and the CLEO.
Step 3 - Wait for your Approved Tax Stamp
Now you will need to wait until you receive your tax stamp in the mail or email if you are applying using the ATF's eForm website.
Step 4 - Stamp Received - Build, Add to Trust, and Engrave
Once your tax stamp is received, you are able to now to "make, manufacture, and/or build" your SBR. This is also, the step where you can add the SBR to your NFA Gun Trust, if you have applied with a NFA Gun Trust on your ATF Form 1. This is also the step that where you can get your SBR/SBS lower engraved with your applicant information or trust information. We say that because there is a chance that your application will not approved by the ATF. You can engrave the lower at any point during the approval process if you choose to do so.
Step 5 - Brace or Stock?
With an approved tax stamp for your firearm you can choose to keep the brace that you currently have, add a stock to your SBR, add a folding stock to your SBR, etc. This is up to you to decide and how you want make your SBR.
If you have any questions about our gun trusts or the process of making an SBR, you can also contact us here with your questions.
Information located within this article is current as of May, 2021. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.