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Old 01-19-2013, 07:31 PM   #1
jgrady1982 OP
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Making my AK pistol into an SBR with an LLC?

So I was able to pick up an AK pistol the other day. I want to add a folding stock and make it into a SBR.

I have the ATF From 1 (Application to Make and Register a Firearm) completed and ready to go. The only thing that I needed was the chief law enforcement officer to sign off on it....which he did not. That is a whole other topic and discussion.

I went to the police department on Friday and no dice, he would not do it and the chief of police is not back until Tuesday. So naturally I was upset. But then I began to read that I can get the tax stamp as an individual, as a trust or as a corporation.

My wife and I own an LLC. So my question is this, how do I send away for the tax stamp through my LLC?

I have the blue FBI fingerprint card filled out, as well as the proof of citizenship document.

Here is the link to the "Form 1" ATF document: http://www.atf.gov/forms/download/atf-f-5320-1.pdf

I want to send all these documents out by Tuesday, but I am not 100% sure on how to do this as an LLC. Do I need a different "application to make and register a firearm" document if I am going to do this as an LLC?

If not, and this "From 1" is the correct form, do I just check the box this application is being submitted "as a corporation or other business entity" and then send in my state of Ohio document with the state seal that I own the LLC? And by checking the box that I am sending this in as a corporation do I just not get the CLEO signature since I checked off the corporation submission route?

I just dont want to send this all in with my $200 check and then make a simple mistake and they send it back to me and I have to start the process all over again.

Any help is very appreciated.

Here is the pic of the pistol in question....

Thanks!
-Jack

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Old 01-19-2013, 07:34 PM   #2
nfranco
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A lot of good information on this site.
http://www.m4carbine.net/forumdisplay.php?f=9
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Old 01-19-2013, 08:31 PM   #3
ImaPoser
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Don't be in such a hurry. Why do you want it sent out by Tuesday? You're going to be waiting six months or so anyway. Go do some reading on any of the black gun forums NFA sections and make sure you get it right the first time.
I used a trust here in Ohio from a template someone posted on Ar15.com with no issues.
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Old 01-20-2013, 07:20 AM   #4
motoracer51
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I personally would set up a trust and not co-mingle NFA items with businesses.

My wife is an estate & trust attorney in 4 states (not OH) and having done literally 100's of NFA trusts, this would be her advice as well.
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Old 01-20-2013, 05:28 PM   #5
JamesG
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Quote:
Originally Posted by ImaPoser View Post
Don't be in such a hurry. Why do you want it sent out by Tuesday?
He wants to get his paperwork in before any ban cut-off date takes effect.
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Old 01-20-2013, 05:50 PM   #6
MikeFromMT
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I don't understand the issue, it's a legit pistol so what's the bfd with putting a stock on it, it's still a pistol but with a stock and it's not uncommon to see that configuration, now if you had a rifle and wanted to cut down the barrel and create a pistol I can see the issue there, or is this one of those "commie state" things?
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Old 01-20-2013, 06:07 PM   #7
nigelcorn
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Quote:
Originally Posted by MikeFromMT View Post
I don't understand the issue, it's a legit pistol so what's the bfd with putting a stock on it, it's still a pistol but with a stock and it's not uncommon to see that configuration, now if you had a rifle and wanted to cut down the barrel and create a pistol I can see the issue there, or is this one of those "commie state" things?
If by commie state you mean the entire country, then yes it is a commie state thing. Without going through the effort of getting a short barrel rifle approval first, that is highly illegal throughout the country.

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Old 01-20-2013, 06:24 PM   #8
jgrady1982 OP
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So I think I may have figured it out....

Here is what I need to do, I think.

I need two ATF From 1's, printed out on one page, so double sided.

I will file this under my LLC business, thus avoiding the fingerprint cards, passport photo...and CLEO sign off.

I guess that there should be five pieces of paper in the envelope that you send to West Virigina.

1-2. Two Form 1's printed double sided
3. Certificate of citizenship
4. $200 check
5. Articles of Organization (the document that the state emailed me when we formed our business)

Here is the link that I found all this info on: http://www.ar15.com/archive/topic.ht...&f=22&t=228852

So now I guess I just have to re-print the Form 1's tomorrow, fill them out and put down my LLC's address and all that information, find a copy of the articles of incorporation with the State of Ohio seal on them, print out another citizenship certification form and then write a check for $200 and send all that stuff in....

Then...I can find a folding stock that I want to install on this pistol.

I can't freaking wait!

Thanks,
Jack
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Old 01-20-2013, 10:00 PM   #9
91Eunos
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Quote:
Originally Posted by MikeFromMT View Post
I don't understand the issue, it's a legit pistol so what's the bfd with putting a stock on it, it's still a pistol but with a stock and it's not uncommon to see that configuration, now if you had a rifle and wanted to cut down the barrel and create a pistol I can see the issue there, or is this one of those "commie state" things?

Because then it would have the shoulder thing that goes up.













Seriously though, anything with a barrel shorter than 16" must be registered (and taxed) as an SBR or put on a pistol lower. There are other aspects to this but I won't put up the wall of words here. Check out any number of gun forums (take anything on AR15.com w/a grain of salt though) and look for the NFA threads.
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Old 01-20-2013, 10:14 PM   #10
Jimmy the Heater
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Shoulder thing that goes up

After all these years that still makes me laugh.
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Old 01-20-2013, 10:27 PM   #11
Tripl Nikl
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Quote:
Originally Posted by motoracer51 View Post
I personally would set up a trust and not co-mingle NFA items with businesses.

My wife is an estate & trust attorney in 4 states (not OH) and having done literally 100's of NFA trusts, this would be her advice as well.
This.

Unless the business uses NFA items, of course. If you're becoming a cool private eye or something, then yeah--use the business to "need" NFA items! Good plan!

I'd like to SBR one of those too. Finances delayed the purchse of non-critical items like this. And now, Obama and Democrats being "typical Democrats" have driven the prices to the moon. So... Later. Or maybe never. We'll see.

Have fun with your little blaster when it's done. People that have SBR'd Dracos seem to really like them.
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Old 01-21-2013, 11:51 AM   #12
MikeFromMT
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Ya, a 5 minute search online just reminded me of the depths of insanity this country has sunk down. In the past I've shot Ingrams and Lugers with shoulder stocks, but that was a long time ago and apparently, in a galaxy far far away.
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Old 01-21-2013, 12:45 PM   #13
pilotguy299
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set up a separate trust for your NFA guns. It won't cost much for a lawyer to do the paperwork, and you won't risk your business getting dragged in to any issues involving the guns.
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Old 01-21-2013, 01:45 PM   #14
urbanXJ
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Do a trust, that way nothing is ever transfered again (your kids can be benificiaries)

Sean Cody did mine

http://www.texasnfatrust.com/

Lot of good info there--^

Don't click on the first google link for sean cody, apparently there is a porn star with that name.
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Old 01-21-2013, 01:47 PM   #15
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PS, NFA items such as a complete Noveske 10.5" SBR are the same price they were last august.
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