Overview
Legal Brief is a series where the ins andouts, and the dos and don’ts of the firearms world are covered. From populartopics to more niche subjects, the Legal Brief tries to help our readers be thebest gun owners. Venture Out is an Ohio-based outdoor social channel, so mostof our articles, videos, and posts, lean towards that fact. Legal Brief is noexception. The things discussed here are geared towards Ohioans. If you areresiding in a different state, please follow all the laws and regulationsregarding that state. Furthermore, Venture Out is not legal counsel. So please,if you have further questions, seek the appropriate legal authorities on thesubject.
WhyShort-Barreled Rifle?
The short answer: because they are fun. Thelong answer: because a rifle with a shorter barrel increases maneuverability ina confined space. Think close-quarter combat (CQB) within your home. Thedownside, guns with shorter barrels have decreased performance at longerdistances. Thankfully, cartridges like 300 Blackout or 9mm perform well inshort barrels, while 5.56 NATO has serious shortcomings, especially when thebarrel 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 inrural areas, an arm capable of taking game or stopping predatory threats mightbe a more versatile option than a small-caliber SBR. On the flipside, in urbanor suburban areas, where the primary threats walk on two legs, an AR-stylerifle is more effective. Turn it into an SBR, and the AR platform becomes moreadaptable. It’s the idea that if something bad happens or a threat presentsitself, you can fight your way home. An SBR for home defense is a forcemultiplier compared to a pistol. Generally, people shoot rifles better thanpistols. That’s an advantage in a high-stress situation.
But why go through the ATF headache ofowning one? This is a valid point and one that must be made. Recently, DistrictCourt Judge Reed O’Connor granted summary judgment in favor of FPC’s (FirearmsPolicy Coalition) Mock v. Garland. Thus, vacating the feigned ATF attempt tostrip law-abiding citizens of commonly found accessories. Pistol braces areback. That almost makes SBRs irrelevant—almost. A brace on an AR pistol is asolution that addresses fundamental issues with the National Firearms Act (NFA),but it doesn’t necessarily make the firearm better. Braces, by nature, are notas robust as a stock. Moreover, the firearm’s designation as a “pistol” meanscertain accessories cannot be attached—such as a vertical grip which wouldreclassify the weapon as a rifle (or SBR in this case).
A registered SBR can utilize stocks andalmost any accessory you can think of. I find the primary benefit of a bracedpistol is the ability to take it places without filling out Form5320.20—something that all NFA items must have approved before transferring outof state (though, Google searches will show conflicting arguments on whetherSuppressors 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 inthe training arena and have a thorough home defense strategy. An SBR herestrikes the perfect balance of performance and a small, maneuverable package.
How Do You Attain One?
There are two routes when it comes topossessing 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 differenceis a declaration of purpose. (Oddly, an SBR requires one, but a suppressor doesnot). This is a simple statement such as, “For all legal purposes,” or, “For personalcollection.” Current electronic Form 4 wait times have made this a veryintriguing option, with the wait down to weeks or even days.
But what if you already havean AR pistol and want to convert it to an SBR? This is where an ATF Form 1comes into play. For this point, I will be referencing electronic submissiondone 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 addsa section titled “Line Item.” Here is where you “create” the firearm. This willinclude information such as Manufacturer (that must be verified), ManufacturerCountry, Product Type, Model, Caliber, Unit of Measure, Length of Barrel (in.),Overall Length (in.), Serial Number, Description, Statement of Why You Intendto Make Firearm, and a close-up photo of any stamping/engraving currently onthe serialized part. (For this, I took a close-up picture of the manufacturer’smarkings on the receiver for the photo).
One aspect of a Form 1, likea Form 4, is the inclusion of a fingerprint card and passport-style photo (ofyourself). EFT files that contain electronic versions of the traditional hardcopies can be uploaded since the Form 1 is done electronically. This is done inthe Responsible Persons tab under “Actions.” Some SOTs that possess theequipment can create an EFT file, as can law enforcement agencies and some UPSstores. 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 theForm 1 submission. AFT states, “Upon submission of the application, the eFormssystem will email a cover sheet to the applicant. The cover sheet is to beprinted as it will provide the control number of the transaction and theaddress to which to send the paper fingerprint cards.” For the photo, it can besubmitted electronically. It must be passport-style—meaning, a white (orneutral) background with the picture taken from the shoulders up. The photomust be saved as either a JPG, JPEG, or PNG.
After this, it’sstraightforward. Answer yes/no questions, fill in your information, add CLEOinfo, verify everything is correct, and then pay the $200 fee and submit. In afew days or weeks (or longer if you must mail fingerprint cards), an approvedForm 1 will arrive in your inbox. As an aside, something that has changed onForm 1s is the requirement to engrave the receiver with a new Serial Number(since you are technically manufacturing a new firearm). This requirement seemsto have been dropped during the pistol brace amnesty period. Nothing I’ve readpoints to this as a requirement. Thankfully, this removes a tedious andpointless 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 totheir 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 coatwith a short-barreled Tommy Gun ready to pull a heist. In 2024, the NationalFirearms Act is archaic and has become a scheme for quick cash and the creationof a registry. That said, this is the time to take advantage of short waittimes.
