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I have had several forum members ask me "How do I legally build a SBS?" It is not as hard as a lot of people think it is. The part that is the most aggravating is the CLEO signature and the finger printing.

So, here we go..

First and foremost, you must ensure that SBS's are lawful in your state of residence. After that, and assuming SBS's are lawful in your state, you must:

- Complete and sign 2 copies of ATF Form 5320.1 (Form 1 - Application to Make and Register a Firearm)
- Attach 1 passport-style photos to each Form 1 (2 photos total)
- Obtain the original signature (certification) of the Chief Law Enforcement Officer (CLEO) in your area on each Form 1. The CLEO may be the Chief of Police of your town, the Sheriff of your county or a District Attorney, among others. Depending on where you live and who you know this may be easy to obtain, or it may be virtually impossible.
- Complete and sign 1 copy of ATF Form 5330.20 "Certificate of Compliance"
- Include 2 sets of your fingerprints on ATF FD-258 fingerprint cards.
- Send all forms (with attached photos) and fingerprint cards, along with a $200 check (or money order) for payment of the Making Tax, to the address on the form. I recommend Registered Mail for this.
- Wait
- Wait
- Wait some more (Actually it's not forever ... it just feels that way when it's your first time)
- In approximately 30-180 days, ATF will return 1 original approved Form to you. ***update** ATF seems to be doing better on time now, most I have heard about have been less than 30 days now.

After ATF returns the approved form you may lawfully assemble or "make" your SBS. Please note that you cannot lawfully make the SBS until after ATF has approved your application, neither should you possess the parts to complete the SBS until you have received the approved form. AS soon as you get the form back, make several GOOD copies of it, and put the original one up in a safe place like a fire safe, lock box or even better, a safe deposit box. The ATF WILL NOT replace it if you lose it, they will send you a crappy photo copy. REMEMBER, This form keeps your butt out of jail.

Once you get the forms back you will need a short barrel. You can buy one or cut one down yourself. I have done both. If you want to buy one, you can sometimes find them on e-bay believe it or not, or other firearm sites. They will run you about $100 to $200 depending on what you are looking for. You can also get one from most "Class 3" dealers. The easiest thing to do is just cut it off yourself or take your barrel AND a COPY of your approved ATF form to your gunsmith of choice. He should be able to cut it down, touch up the finish, drill and tap and install a sight

You will also need to mark the frame, receiver, or barrel with the following info by engraving or stamping. (This information
must be to a minimum depth of .003 inch. and plainly visible, not hidden under the fore-end)
- your name
- City, state

http://a257.g.akamaitech.net/7/257/2422 ... 79.102.htm

I do the barrel, that way you can return to a standard 18in barrel if you ever decide you don't want a SBS any longer without destroying the value of the shotgun by having your name on the receiver.

"But were do I get these forms?" you ask.

very simple grasshopper. you can down load all of them but the fingerprint cards. The Police dept can furnish the finger print cards or you can order them from the ATF here http://www.atf.gov/dcof/index.htm

The form 1 and "Certificate of Compliance" can be down loaded from these sites.

http://www.nfatoys.com/tsmg/web/forms.htm

http://www.atf.gov/forms/5300instructions.htm#5320

http://www.atf.gov/forms/pdfs/f533020.pdf

If you don't want to down load the forms, you can go to this ATF site and order as many of the forms you want. Same site as the Finger print cards. http://www.atf.gov/dcof/index.htm

ALWAYS keep a copy of the approved form with the gun. You can travel anywhere with in your state without notifying anyone, (the same has a normal firearm) If you want to take it to another state, you MUST FIRST, notify the ATF with a form 5320.20 Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This is tax free, and you can do it by FAX.. you can download from the same website as the others or use this direct link.

http://www.atf.gov/forms/pdfs/f532020.pdf

Is it worth all of this just to have a shotgun with a short barrel? To me it is, but you will have to make that decision

- So now grass hopper,go forth and shoot your new toy!!

***edit updated BATFE web links***

Thank you, well done. I wish we had an applause emoticon.

Edit: Thanks sooner.

Makes a person wonder if it is realy worth it. Thanks for the post Banshee. If a person wished to make an an SBS they now know how. I second the applause icon. However I am already being monitered by the feds just for being a gun owner. This would only serve to increase that factor.

I too would like to say thanks for the information. I've wondered about how it was done legally. But unfortunately, I think Michigan doesn't allow us to have those. Our AG has recently stated that full auto is now legal, but good luck on getting the chiefs signature.

Great post! I have a question though. What is the deal between the $200 tax/fee to make/build vs a $5 "transfer" fee to purchase an already built SBS? Anyone?

Great Post! Thanks for taking the time to put this up. Kudos!

awesome post banshee... thank you...

i've never seen all this information in one place, in laymans terms, with dry wit included... even tho i may never go the SBS route, it's good to know the how and whys...

The tax is $200 for making any NFA firearm, including "any other weapon."

The tax is $200 to transfer a Short barreled shotgun, Short barreled Rifle, Machine gun, Suppressor and Destructive device.

The tax is $5.00 to transfer an AOW. This category of weapons get little complicated

Here is what the NATIONAL FIREARMS ACT says:
The NFA further defines the term “any other weapon” (AOW) as any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. 26 U.S.C. § 5845(e).

almost as much fun to read as the US Tax code

Mr. James Bardwell answers it pretty good on this site. Anyone interested in NFA weapons should read this.

http://www.cs.cmu.edu/afs/cs.cmu.edu/us ... fa_faq.txt

more of his articles.

http://www.subguns.com/laws/laws.htm

Thanks for a great post! We just got a new Sheriff so I may have to start the process.....




Something like this would make a good sticky....

Banshee,

Thank you for the GREAT post and for doing the 'homework' for all of us!!

Even though there is a 99.99999% chance that I'll never have a SBS, it was informative reading.

+1 on turning this into a 'sticky'!!!

Well Done. Well Done, indeed!

Keith

thanks, Racked 870 made the suggestion for this post this morning and I put it together in about an hour. I don't care how many times you proof read it, you still find missing words, misspellings, ect. after it is posted.

Banshee - Well done. Very interesting reading. (Although, not something I'm interested in for myself. )

As a firearm owner and a tax payer I find the "hoops" we have to jump through to to enjoy our 2nd amedments rights to be rediculous.

Thanks, Banshee. Like others, I may not ever have one, but then again, if the notion strikes...

Here's that applause you wanted, Racked. I think it is well-deserved.

WOW... what a great bunch of total crap that the government has us go through. Thanks a ton Banshee! Very cool to know someone has waded through the BS and lived to tell about it. STICK IT TO THE MAN! BUY/MAKE ALOT OF GUNS!

Well, this ain't his first rodeo...he's a vet in this arena. How many SBS stamps do you have there Banshee?

I have
2 SBS
1 AOW
2 SMG
1 suppressor

I no longer have
2 MG

I am in the planning stage on another SBS. I am looking at doing a side by side.

I can hear the question from our chief LEO......"why??"


I would imagine a simple "cause I need it" like I tell the wife wouldnt do

The Sheriff just smiles, and the little women says "what ever"

My question is why the CLEO has to sign it. Why put opinions in the way of it? In reality I'm not concerned considering I'm a southern boy. Honestly though! I understand that laws vary from place to place and I'm pretty sure that was the intention of it but seems to me it's not his (CLEO) f'ing job to make policy (to a point - yes I am a former LEO and my uncle is a sheriff and I understand that there are variances). Oh well, rant off...

I can see the CLEO my area's face when I tell him that it's in preperation for the day when hell fills up and the dead walk again.