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This document is a brief "how to" for an *individual* converting a PS90 to a SBR (Short Barreled Rifle) under current US law regarding such weapons. This is intended to be as complete as possible, but, as always, read and follow the instructions provided on the paperwork, and contact your local law enforcement and BATFE branch office if you have *any* questions or concerns.

It is also important to note that this procedure must occur *before* you convert the weapon to SBR. That seems obvious, but it should be said.

Prerequisites:
  • Residence in a state that will allow you to possess a PS90
    Residence in a state that will allow you to possess an SBR
    FNH PS90
    200$ USD check or money order (payable to the "Department of the Treasury")
    Two "Passport-Type" Photos (From Walgreens/Kinkos/Etc.) (~10$)
    ~10$USD for getting your fingerprints taken

    The following forms from the ATF:
    [list:316d2e4ab2]ATF 5320.1 (Form 1) (Currently unavailable from the BATFE Website)
    ATF 5330.20 (Citizenship Form)
    Fingerprint "Blue" Cards (2)

    (Order the fingerprint cards (and the Form 1, since its no longer available on the site) from http://www.atf.gov/dcof/index.htm)

    (TitleII.com has all of the forms you need as well, with some cool "fill in the text" PDFs.)
[/list:u:316d2e4ab2]

Fill out the "Form 1" as instructed below (if you are an individual, and NOT a trust or corporation). You should type the data into the form, or print all data in block letters. I actually used a PDF editor called "flpsed" to just insert my information into the PDF, and made a template for future use.

1) Type of application: Check "Tax Paid"
2) Application is made by: Check "Individual"
3a) Leave Blank
3b) Applicant's name and mailing address: Put your name and mailing address as such (between the dots, as instructed):
  • William R. Thompson
    1234 Somestreet Way
    Wellsville, MO 63001
3c) If 3b was a PO Box, your physical location address should be put here, otherwise, leave blank.
3d) Put your COUNTY of residence (NOT COUNTRY), such as:
  • Jefferson
3e) Your telephone number (including area code) should go here, such as:
  • 3143212522
4a) Name and location of original manufacturer of firearm:
  • Fabrique Nationale Herstal Belgium
4B) Type of rifle to be made:
  • Short-Barreled Rifle
4c) Caliber or gauge:
  • 5.7x28mm
4d) Model:
  • PS90
4e) Length of barrel in inches (DO NOT ESTIMATE OR USE < 16" - the BATFE WILL send the application back to you for correction.):
  • 10.3"
4f) Length overall in inches (DO NOT ESTIMATE OR USE < 26" - the BATFE WILL send the application back to you for correction.):
  • xx.x"
4g) Serial number (Put your actual serial number here):
  • FN000000
4h) Additional description (include all numbers and identifying data):
  • FNH USA FREDRICKSBURG VA
4i) State why you intend to make the firearm, for example:
  • Collection and investment, including all lawful purposes.
5) Applicant's FFL Number (If you have one, put it here - ANY FFL type, including C&R (03) or leave black if you do not have one):
  • x-xx-xxx-xx-xx-xxxxx
6) Again, the scope of this how-to is for an individual, so you wouldn't need to fill out section 6.
7 & 8) Answer these questions honestly by checking the box for "Yes" or "No".
9) Sign here.
10) Again, the scope of this how-to is for an individual, so you wouldn't need to fill out section 10.
11) Date of signature. Such as:
  • 15APR2007
12) In section 12, affix one of the two "passport style" photos here.
13) Law enforcement certification. Again, this how-to is geared towards individuals. If you are a corporation or trust, you would not need to fill out this section. For an individual, fill in the first line that says "Name of Maker" with your name as it appears in section 3b such as:
  • William R. Thompson
***DO NOT FILL OUT THE REST OF SECTION 13***

I have found it helpful, sometimes, to use a highlighter and highlight the lines titled "Signature and title of chief law enforcement officer", "Signature and title of delegated person", "Organization", "Street address", "City State and ZIP", and "Date". My CLEO filled out a form once, and forgot to put the date, which would have caused a kick-back from the BATFE, and therefore a delay. Might as well make sure they see it.

You are now done filling out the "Form 1". Now do the exact same thing, such that you have a SECOND IDENTICAL COPY. Obviously, you can omit the signature/photos/highlighter from the initial form, copy it on a copier, and then sign it, highlight it, and affix your passport photo to each copy.

The next step is to get your fingerprints taken on the "blue cards". You will need two sets (two cards). Taking the cards to your local sheriff's department or police department is probably the best idea. Be sure they fill out/sign the cards. The fee for this is usually around 10$.

Next, it is time to fill out the 5330.20 form. This is very simple, but if you neglect to do it, you will get the "Form 1s" sent back to you.

To fill out the 5330.20 form place the following information in the sections:

1) Name:
  • Thompson, William R.
2) Name of person certifying citizenship (put the same name as section 1):
  • Thompson, William R.
3) What is your COUNTRY of citizenship? Put your country of citizenship. If you have multi-citizenship, put them here.
  • United States of America
4 and 5) If you are an alien, fill out this section. I am not, so I didn't fill this out.
6) If you are an alien and answered "Yes" to question 5, fill this section out.
7) Sign and date here using the same name as in the other sections.

I'm not positive if you need two of these or not, so I did two of them. Again, it might be useful to not sign it, copy it, then sign the copies to save you some work.

The next step is to get the CLEO's sign off on your "Form 1s".

After you have everything ready, send or deliver in person your "Form 1s" to the CLEO's office. You can hand-deliver these to their office, or send them in.

In my case, I called the local Sheriff's office, and asked if the sheriff would sign them, where to send them, and to whos attention. Obviously, if you mail the "Form 1s", use certified mail. You only need to send the two "Form 1s", and a cover letter. My cover letter was as follows (In MO, you have to be a FFL (any type) to possess NFA arms (even Non-C&R NFA arms - obviously, if you are in another state, you don't need that info included - if you need additional info in your state, be sure to put that as well - I believe only MO has a requirement like this, but again, check with your BATFE branch and local CLEO's office):

William R. Thompson
1234 Somestreet Way
Wellsville, MO 63001
314-321-2522

April 15, 2007

Dear Sheriff Boyer:

Enclosed, please find two completed copies of an ATF Form 1 (5320.1). I am requesting that you please complete section 13 (Law Enforcement Certification) and return both copies to me at your earliest convenience.
I am a federally licensed collector (License No. x-xx-xxx-xx-xx-xxxxx), as required by RSMo 571.020 § 2 (5).
Thank you for your time. If you have any questions or concerns regarding this or any other matter, please do not hesitate to contact me.

Respectfully yours,

William R. Thompson

Obviously, tailor your letter as you see fit.

After the letter and "Form 1s" are sent, wait for your CLEO to return them to you. Luckily, my Sheriff is *very* cool when it comes to this, so I got mine back the same week!

After you receive your CLEO-signed "Form 1s" back, place the following in an envelope large enough to contain them:

*) Both copies of the "Form 1", both signed by you and the CLEO, including your picture affixed to each.
*) Both copies of the 5330.20 form signed by you.
*) Both "blue cards" of your fingerprints.
*) Check or money order for $200 USD made payable to the "Department of the Treasury"

Send all of this *certified mail* to the ATF at the address on the Form 1.

If your forms are approved, you will receive one of them back, with a 200$ tax stamp affixed to it. You now have permission to proceed with the SBR conversion. If they did NOT accept your form, you will get a letter back with your "Form 1s" stating the reasoning. Usually, it is due to incorrect information, or something omitted.

The next step is to get your receiver engraved or stampped with the required information, for example:

William R. Thompson
Wellsville, MO

Keep in mind, this needs to be done in a CONSPICUOUS location ON THE RECEIVER, and must be at least 1/16th" tall and .003" deep. Don't try and get cute with this and put it where it is not immediately visable. If you want, get the engraving "blacked out" to make it blend in better - don't screw with the BATFE by putting it where you have to disassemble the weapon, or take off a side rail - that is ILLEGAL. No, you CAN NOT put it on the barrel, stock, etc.. Do you really want to argue with the BATFE or risk your weapon being confiscated on the off-chance they decide to check it for some reason? A popular location is the "sight tower", or where a side rail would go (so long as you never intend to install side rails over the engraving/stamping). I had mine engraved on the "sight tower".

Next, remove the factory barrel (see the FAQs) and replace with your favorite short barrel and hider!

td
 

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Good post, however I would have the receiver engraved prior to sending out your F1.

The reason is once the F1 is approved it is now a registered SBR and sending it out without an approved 5320.20 (application to transfer) and to anyone other than a FFL 07/02 would be in violation of the USC title 18 IIRC. .
 

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Fargo said:
What happens if the BATF declines the paperwork? Then you're stuck with an engraved weapon.
Why would you be denied? Are you not elegeable to own a firearm? Under 21?

If state law says NFA is ok, No problem
If you can pass a NCIC check, no problem
If you can fill out Fed paperwork, no problem

Unless you have some deep dark secrets that only the fingerprinting will identify, I would not worry about it. If you are worried about it, don't go the individual rout, form a trust or LLC/SCORP. Then all you deal with is the NCIC.

I would certainly risk having to refinish a firearm, than have BATFE show up at a SOT for an audit and have that little gem on the logs. my .$02
 

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Discussion Starter #5
soowah said:
Good post, however I would have the receiver engraved prior to sending out your F1.

The reason is once the F1 is approved it is now a registered SBR and sending it out without an approved 5320.20 (application to transfer) and to anyone other than a FFL 07/02 would be in violation of the USC title 18 IIRC. .
Interesting point. Just make sure your engraver is a FFL07/02SOT, or take it somewhere locally. :)

I sent mine to HDPS (07/02), along with my approved form 1. I also had them do the barrel work as well.
 

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Discussion Starter #6
Very nice.... In what state/locality do you reside? Might make any others feel better knowing their Sheriff is a good guy (at least with regards to your gun rights :) ).
 

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question
4f) Length overall in inches (DO NOT ESTIMATE OR USE < 26" - the BATFE WILL send the application back to you for correction.):

xx.x"

so do we put xx.x" in section 4f as the answer?
 

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OR;

Get yourself incorporated, open an LLC, or a Trust and forget about the CLEO or any other assholes that won't sign your Form 1 or Form 4.

You won't need photos, fingerprints, or a letter to the ATF as to why you want it, need it, or whatever.

Much easier as the FBI does not have to do the fingerprint check and it will save up to 3 months on the paperwork.

Last time I did a Form 4, mailed it on 3 Jul and was approved on 30 Jul.
 

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Based on what I have read, the length of the barrel is 10.4 inches so that is what the answer to 4f is.

Some say 10.3 in but I do not think that the ATF is going to give you a hard time for .1 inches, I mean after all, you can make it 10.3 or 10.4 or whatever.
 

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no 4f is the over all length my question is the step by step says xx.x" so is that the correct answer or do i use the measurements for the actual p-90? I mean I need to know before this am I am meeting up with my chief of police so people that know the answer answer it please
 

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workingman1976 said:
no 4f is the over all length my question is the step by step says xx.x" so is that the correct answer or do i use the measurements for the actual p-90? I mean I need to know before this am I am meeting up with my chief of police so people that know the answer answer it please
OK - you have confused me here.

Are we talking about the ATF F1 (5320.1)
Are we talking about the ATF F5 (5320.5)
Are we talking about the ATF F4 (5320.4)

I think that you are confusing government speak instructions. If the instructions say - enter the overall lenght of the firearm xx.x then I think that this means xx.x is the actual (in numbers) measurement of the firearm, such as 10.4 or whatever the length is numerically, carried to one decimal place.

DO NOT enter XX.X as your answer for 4f of your form or it will be refused.

If this is not what you mean then I can not help you further.
 

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workingman1976 said:
ok well that doesnt answer the question i asked thanks though but my question is do i put xx.x" in section 4f or something else?
so once again the question is asked do u put xx.x" in for the form 1 section 4f or do i put the length of a actual p-90 in?
 

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workingman1976 said:
workingman1976 said:
ok well that doesnt answer the question i asked thanks though but my question is do i put xx.x" in section 4f or something else?
so once again the question is asked do u put xx.x" in for the form 1 section 4f or do i put the length of a actual p-90 in?
See the picture of the Form 1:



See Item 4f: "Overall" means OVERALL LENGTH OF YOUR FIREARM IN INCHES TO 1 DECIMAL POINT that IT WILL BE after the modification IS DONE.

If you have a PS90 and are filling out the Form 1 to make your rifle a PS90 Short Barrel Rifle (SBR) then you need to put the length in numbers of WHAT the total length of the rifle WILL BE after the barrel is CUT.

So in this case, you can use the length of the P90 from any source that you can find or measure your current PS90 from the STOCK to the front of the rifle (minus the barrel) and then add 1.5 inches.

For clarification: Cutting the barrel on a PS90 to make it a Short Barrel Rifle (SBR) doen NOT change the name to a P90. A P90 is a full automatic rifle that only law enforcement, government agencies (state and federal), and Class III Firearms Dealers can own legally in the United States. (There may be other exceptions - there always are, but to you and me, it would be illegal).

And by the way, what Estevez said!
 

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workingman1976 said:
see that is all i needed to know the exact answer not a nice picture with crayon on it The correct answer is 19 11/16"
Its not a crayon, its paint :?

Also, do not put 19 11/16, put 19.7 (the ole xx.x thing). It probably would not make a difference but it could cause delays in the processing of the form.

Too tired. Hope all goes well with the CLEO. Mine here won't do it, nor will anyone else that can (Judge with arresting powers, DA with arresting powers, or a LEO that is designated by the CLEO to sign the forms). Hell, my CLEO would not even answer the question as to WHY he would not do it. All I ever got from his mouthpiece was 'we don't do that".

That is why I suggested an LLC. You can avoid the hassel of the CLEO signature, pictures, fingerprints, letter of justification to the ATF and it offers a level of protection if you ever get sued due to a mishap. Your LLC's assets (if any) are free game but your personal assets are not.

As an example, all my carpentry equipment belongs to the LLC. Joe Blow, one of my employees places a saw horse on the back of a vehicle but doesn't tie it down (won't be an employee for long). Sawhorse falls off, tumbles a couple of times, separates and goes though the windshield of the vehicle following him. Unfortunately, said driver of the vehicle is severly maimed or even killed. Because the sawhorse is owned by the LLC, only the LLC's assets are open should the LLC be sued. My assets are protected because an LLC is a "Legal Entity unto Itself".

You should look into it as it can save you bunches of time and effort when it comes to dealing legally with other entities. When it comes to the Form 1 or 4, all I do is sign and date the form as I am the legal signatory for the LLC. Attach a copy of the LLC paperwork and I'm done. No waiting for the FBI to run fingerprints which takes anywhere from 4 to 12 weeks.
 

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Esteves said:
workingman1976 said:
see that is all i needed to know the exact answer not a nice picture with crayon on it The correct answer is 19 11/16"
In some (many) cases 19.7 is probably the correct value. In others (e.g. different flash hiders, no flash hider, buttpad extension, etc) the correct value will be different.
This bring up an interesting point?

If you submit the Form1 and get it approved, do the modifications, then some time in the future decide to change the flash hinder or extend the butt of the rifle, would that require you to notify the ATF that the OAL has changed?

I think that I will ask my local ATF guy when I see/call him next.
 

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They are not usually anal about it but you can file and amendment to you form stating the new O.A.L. if you have concerns I did it with my form 4 M16 when I changed the bbl even though its an MG and not necessary. I had a local leo view my forms once while we were shooting and pointed out the the form said 20'' bbl and I had an 11.5'' on it. SBR's are a little different as bbl length and OAL are kinda set in stone but can be amended
or even removed from the registry if taken back to thier non NFA configuration
 

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OR;

Get yourself incorporated, open an LLC, or a Trust and forget about the CLEO or any other assholes that won't sign your Form 1 or Form 4.

You won't need photos, fingerprints, or a letter to the ATF as to why you want it, need it, or whatever.

Much easier as the FBI does not have to do the fingerprint check and it will save up to 3 months on the paperwork.

Last time I did a Form 4, mailed it on 3 Jul and was approved on 30 Jul.
OK, so I'm new to this forum. I have been reading through this thread with interest. I'm looking to purchase a PS90, however I want the short barrel. That leads me here. I'm very interested in learning more about creating an LLC to simplify the SBR licensing process. The fact is, I've been thinking about creating an LLC for a while now with the idea of eventually obtaining a Type 01 FFL. However, I digress. Can you give me more information on this? Why is it that an LLC bypasses the CLEO, fingerprints, etc., and are there any specifics that need to be included when creating an LLC? Thanks in advance!
 
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