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Re: 300 Blackout build

Hi all, been a long time since my last post…long story short, I have relocated from Atlanta, GA to Maryville, TN.
Being easily impressionable, with all the hype of the new 300 Blackout (SBR & suppressed), I decided I want one. With some research I found how I could do it legally in stages….or at least I thought.
I’m going to buy a lower, install a pistol buffer tube, and drop a Noveske 8.2” Rouge Hunter complete upper on it….this should be a pistol, right? Then, when I get more money, I will purchase a suppressor and file the needed paperwork and tax stamps to allow the suppressor and also make it an SBR, then I can put the butt stock back on it.
So here is the deal….several weeks ago I purchased a complete AR-15 lower at a local gun show from firearms dealer. They were going like hotcakes, but I was lucky enough to get one of the last available. When the dealer was filling out the forms, I asked him if he would mark the lower as “Pistol” instead of “Rifle”, and explained that I was going to remove the butt-stock and put on a pistol buffer tube. He said he could not do it, but what he would do is mark it as “Other”, that way it would be OK if I installed the buffer tube and converted it to a pistol. I have ordered a Noveske 8.2” Rouge Hunter complete upper from Midway, but it is backordered, and they have not yet charged my card yet (they will when it ships), and that could be any day now.
So yesterday I go to my local gun store and ask the gunsmith to take the butt stock off and install the pistol buffer tube (I do not have an AR wrench and can’t do it myself). I explained what I was doing, and they basically said “No we won’t do it….and if you even try to apply for the paperwork, they may see it as asking for forgiveness instead of permission…and will likely put you away for the next 60 months”.
This go my attention….I am a good guy and want to do this the right way.

Please advise!!

:eek:
 

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He is correct. In order for it to legally be a pistol, it must have started life as a pistol (and be stamped as such). You can't convert a rifle to a pistol. The dealer who sold it to you and put "other" on the paperwork wasn't quite accurate when he told you that would make it OK.

Edited to add:

This may confuse you, due to the typical ATF legal wording, but it clarifies the matter: http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf
 

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Paper it for an SBR. Then put the short barrel on it. You don't need to remove the butt. Leave the "pistol" step out entirely.
 

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Paper it for an SBR. Then put the short barrel on it. You don't need to remove the butt. Leave the "pistol" step out entirely.
Yep - as of this moment there is no crime. 'Other' is OK since it is not a completed SBR and, since your intention is to make it an SBR that's probably a good way to cover the bases. Right now it's just a complete lower that can be made into whatever you want as long as you do so legally. So, you need to file the paperwork and get the stamp BEFORE you put it together as an SBR. If I were you, I'd do that before I even pay for the upper. You can order the wrench on-line to take the stock off for about 14 bucks. Once you have the stamp, you should be good to go.
 

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Thank you all for your answers....very helpful. I will go ahead and paper it for an SBR.

My apologies if this has already been covered....but to paper it, do I have to go to a gun store and have them submit the paperwork? ....or can I do it myself online?

Also, once I submit the paperwork, what is an estimate of how long it will take before it is approved?
 

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You can do it yourself. Form 1.

Read this. http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-6.pdf

Here's the form.

http://www.atf.gov/forms/download/atf-f-5320-1.pdf

You need two copies of everything. Two forms, two pictures, two fingerprint cards. Costs 200 bucks. Don't even think about starting on it until the approved form comes back.

No idea of the time, nowadays. My shortest, during Bush, was about 5 or 6 weeks. My longest, during Clinton, was 13 months. It varies.
 

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Also, once I submit the paperwork, what is an estimate of how long it will take before it is approved?
I submitted a Form 4 back at the beginning of September. I know it went pending on September 12. So more than five months is a good estimate right now.
People who submitted a couple months before I did have their stamps back now, so it was running about six to seven months... for those who submitted six to seven months ago. Now? Hard to guess.
 
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