Making my AK pistol into an SBR with an LLC?

Discussion in 'Shiny Things' started by jgrady1982, Jan 19, 2013.

  1. jgrady1982

    jgrady1982 Been here awhile

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    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

    [​IMG]
    #1
  2. nfranco

    nfranco over macho grande?

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  3. ImaPoser

    ImaPoser adventure imposter

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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.
    #3
  4. motoracer51

    motoracer51 Been here awhile

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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.
    #4
  5. JamesG

    JamesG Rabid Poster

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    He wants to get his paperwork in before any ban cut-off date takes effect. :deal
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  6. MikeFromMT

    MikeFromMT Past Tense

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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?
    #6
  7. nigelcorn

    nigelcorn Wannabe.

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    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.

    Sent from my Nexus 7 using Tapatalk HD
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  8. jgrady1982

    jgrady1982 Been here awhile

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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.html?b=6&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
    #8
  9. 91Eunos

    91Eunos zipper suited sun god

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











    :rofl

    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.
    #9
  10. Jimmy the Heater

    Jimmy the Heater Tilting the Horizon

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    Shoulder thing that goes up :rofl

    After all these years that still makes me laugh.
    #10
  11. Tripl Nikl

    Tripl Nikl Long timer

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    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.
    #11
  12. MikeFromMT

    MikeFromMT Past Tense

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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. :cry
    #12
  13. pilotguy299

    pilotguy299 Given up...

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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.
    #13
  14. urbanXJ

    urbanXJ Long timer

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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.
    #14
  15. urbanXJ

    urbanXJ Long timer

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    PS, NFA items such as a complete Noveske 10.5" SBR are the same price they were last august.
    #15
  16. Lee Dodge

    Lee Dodge Been here awhile

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    Anyone have an idea what it costs for an attorney to set up an NFA trust?
    #16
  17. Rodzilla

    Rodzilla Horny as Hell

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    Varies a lot. You want an attny that knows NFA trusts (which are a bit different than a standard trust)

    I found a person on the other side of the state that did nine for $300. Going rate in the "big city" was $800-$1000 so ask around

    I believe my buddy spent around a grand on his, but it supposedly has the guarantee that if his trust is actually challenged by law, the attny will represent him gratis.

    There are MANY examples of people rolling their own using Quicken Willmaker or similar...while they may or may not pass the inspection of the BATFE they may not stand up in court. (the willmaker type trusts are generic and not NFA specific)
    #17
  18. Berto

    Berto Inherently Floridian

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  19. Jurgen

    Jurgen Trolljegeren Super Moderator

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    As they were probably considered Curios and Relics. IIRC short barreled rifles were regulated and taxed with the NFA of 1934. Though I could be wrong, the regs may have changed in 1968.

    I do know while there is a ton of good information on stuff here at ADV, this isn't the place I'd be looking for my information. I'd start at a website dedicated to NFA firearms. :deal
    #19
  20. Stretch67

    Stretch67 Mad Scientist

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    I went with Gun Trust Lawyer instead of a Quicken roll-your-own trust because I wanted the trust to stand up to whatever legal tests it may come up against. I wanted it set up by professionals.

    The initial call to the Florida firm results in an affiliated lawyer in your own state calling you back and writing the Trust so as to comply with your state's laws.

    Mine (Georgia) was $600 a year ago.
    #20