PS90 SBR Paperwork Step-By-Step

[The Deviant]

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

[soowah]

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. .

[Fargo]

What happens if the BATF declines the paperwork? Then you're stuck with an engraved weapon.

[soowah]

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

[The Deviant]

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.

[The Deviant]

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 ).

[workingman1976]

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?

[HK SD9 Tactical]

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.

[workingman1976]

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?

[HK SD9 Tactical]

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.