In light of the recent threads and the complexity of the the topic, this FAQ might cut down on the need for all the back and forth. I am sure there are other aspects I am neglecting or that I wrote something backwards, so I am happy to update as necessary. Chime in with any other nuances!
1. Can a civilian own a complete 416 rifle?
YES! There is a path by which German made 416 rifles can be owned by US civilians. While full-auto 416's with the sear pin hole are restricted from civilian ownership by the 1986 MG ban, a limited number of semi-auto 416's were made and imported. Initially, the semi-auto 416's were classified by ATF as "single shot machine guns". ATF later rescinded that designation and adopted the Short Barreled Rifle designation. At that time, ATF also established a new model designation for the semi-auto 416's, "HK416 D SF". If a HK416 D SF was imported and used by law enforcement, then it is potentially legal for a civilian to own it.
Here is the letter sent out by HK when the model designation was changed.
2. What makes a HK416 D SF civilian legal?
Official Use! All of the known HK416 D SF were imported with either 14.5" or 10.4" barrels; thus, all of the imported semi-auto's were SBR. Even if the HK416 D SF were imported with barrels greater than 16", they are considered by ATF to be "non-sporting" firearms. Foreign made non-sporting firearms are banned from importation except for use by qualified law enforcement organizations. For a HK416 D SF to truly be civilian legal, then it must have been imported by a LEO, and that LEO must have used it in their official law enforcement duties. After it has been officially used, there is no prohibition on the surplus sale of a foreign made non-sporting arm. There is a prohibition on the civilian sale of a foreign made NFA weapon, so the LEO cannot sell the foreign made SBR in its NFA configuration in a civilian sale. See ATF Ruling 80-8 (https://www.atf.gov/firearms/docs/r...us-military-firearms-law-enforcement/download)
3. What must be done prior to the sale of a surplus HK416 D SF?
The short answer is it depends. If the surplus HK416 D SF is to be sold and always remain a Title I rifle, then the LEO or SOT receiving the trade-in needs to only remove the short barrel. They can literally remove the barrel, or they can permanently affix a muzzle device to bring the barrel length over 16" from the bolt face. If the rifle is to be returned to a NFA SBR configuration by a civilian owner, then the LEO needs to send a letter to ATF NFA Branch. The LEO letter needs to indicate the specific rifle (serial number) was removed from its SBR configuration and that the registry needs to be updated to reflect the change in Title II status. ATF may or may not send back a letter confirming the update, but it is essential a copy of the LEO letter be maintained if a civilian hopes to remake it as a SBR.
4. How to SBR a Title I HK416 D SF?
A surplus HK416 D SF may be returned to a SBR condition, but a civilian will have to file a Form 1 to make a SBR. It is entirely possible the application will be denied! There are very few civilian owned HK416 D SF SBR, and it took multiple applications to gain approval in every known instance. Generally, ATF will reject applications on the basis of: (A) The rifle is restricted as a sales sample; or (B), ATF Ruling 80-8 prohibits the commercial resale of firearms banned from civilian importation. In the case of every known approved application, a cover letter was provided with the application packet. A cover letter should explain the circumstance surrounding the Title I condition (I.E. Imported by LEO, officially used, removed from configuration, sold as surplus equipment). The application packet must include the LEO letter requesting the rifle's removal from the NFRTR. It is almost a certainty, if you cannot evidence the removal letter with your application, the application will be denied.
More information can be found in these threads:
https://www.hkpro.com/forum/hk-nfa-talk/363225-416d-form-1-sbr-approval.html
https://www.hkpro.com/forum/hk-nfa-talk/214811-interesting-conversation-atf-hk416-sf-receivers.html
Here is an example denial letter which is relevant to the SBR process as well it speaks to how ATF applies 80-8:
Here are actual denials provided on rejected Form 1 applications:
5. What alternatives are there to NFA configuration?
Most know that a 14.5" can have a muzzle device permanently affixed to bring the barrel length to greater than 16". It is not as obvious that the same can be done to a 10.4" barrel. A fake suppressor could be pinned and welded, and an actual registered suppressor can be pinned and welded too! The internal diameter of the handguard is such that most commercial suppressors, if permanently attached, would not allow access to the piston assembly for cleaning. A custom made or Form 1 made Suppressor that is the same outer diameter as the barrel nut can be pinned to bring the total length of the barrel to Title I length. If the diameter of the suppressor is greater than the barrel nut, but less than the internal diameter of a rail, access to the piston is still possible but the handguard could never be fully removed. Another alternative could be the use of a RDIAS, it would probably be a good idea to ensure legal pedigree if this route was taken.
416 D SF pictured with a RDIAS
6. How to tell if a HK416 D SF is authentic?
Buyer beware! There are clone 416 lowers and at the prices received for authentic HK416 D SF there will undoubtedly be forgeries!! The serial number will start with a 88-XXXXXX prefix; this prefix will differentiate a factory 416 D SF from a remarked MR556. HK USA customer service will likely confirm if the serial number is authentic and the specifications of the firearm at the time of the initial sale. If they will not confirm specifications, there are plenty of other indicators. The earliest of the semi-auto imports had the model designation "HK416 D". These receivers lacked the additional "SF" engraving on the lower receiver. All known HK416 D marked semi-autos have an AH date code, should the upper receiver accompany the lower. Just as in the instance of standalone 416 uppers, the date codes on the barrels may or may not match the date codes on the receiver. The date codes, however, will be within a few years of each other. HK416 D SF marked lowers will have an AI date code. It is possible, though unlikely, a SF marked lower could have a AH date code but there are no known examples of such. It is also possible a SF marked lower could have a newer date code, but there are no known examples of that either. There are a few other ways to identify a factory lower, so if authenticity cannot be confirmed from the above information just reach out with a PM for help!
7. How many semi-auto HK416 were imported?
Per employees at HK, there were more approximately 300 SF sold to departments. They also confirmed they had to destroy some remaining inventory of SF that did not sell. So, the total number of SF imported was around 300, give or take 100 units. It is important to note that even if 300 were imported, not all will ever be sold as civilian legal rifles. Some LEO would destroy surplus NFA items instead of selling them. Many SOT would not understand how such a NFA trade in could be sold Title I. There are only 9 known HK416 D marked 10.4" imported rifles that are confirmed to be civilian legal; this means they had 10.4" barrels at the time of import, were officially used, removed from the NFRTR, and lawfully sold as surplus in the civilian market. There are 7 known HK416 D SF marked 10.4" imported rifles that are also confirmed to be civilian legal. It is highly unlikely there are more than 20 HK416 D SF marked 14.5" rifles that are 100% civilian legal.
1. Can a civilian own a complete 416 rifle?
YES! There is a path by which German made 416 rifles can be owned by US civilians. While full-auto 416's with the sear pin hole are restricted from civilian ownership by the 1986 MG ban, a limited number of semi-auto 416's were made and imported. Initially, the semi-auto 416's were classified by ATF as "single shot machine guns". ATF later rescinded that designation and adopted the Short Barreled Rifle designation. At that time, ATF also established a new model designation for the semi-auto 416's, "HK416 D SF". If a HK416 D SF was imported and used by law enforcement, then it is potentially legal for a civilian to own it.
Here is the letter sent out by HK when the model designation was changed.
2. What makes a HK416 D SF civilian legal?
Official Use! All of the known HK416 D SF were imported with either 14.5" or 10.4" barrels; thus, all of the imported semi-auto's were SBR. Even if the HK416 D SF were imported with barrels greater than 16", they are considered by ATF to be "non-sporting" firearms. Foreign made non-sporting firearms are banned from importation except for use by qualified law enforcement organizations. For a HK416 D SF to truly be civilian legal, then it must have been imported by a LEO, and that LEO must have used it in their official law enforcement duties. After it has been officially used, there is no prohibition on the surplus sale of a foreign made non-sporting arm. There is a prohibition on the civilian sale of a foreign made NFA weapon, so the LEO cannot sell the foreign made SBR in its NFA configuration in a civilian sale. See ATF Ruling 80-8 (https://www.atf.gov/firearms/docs/r...us-military-firearms-law-enforcement/download)
3. What must be done prior to the sale of a surplus HK416 D SF?
The short answer is it depends. If the surplus HK416 D SF is to be sold and always remain a Title I rifle, then the LEO or SOT receiving the trade-in needs to only remove the short barrel. They can literally remove the barrel, or they can permanently affix a muzzle device to bring the barrel length over 16" from the bolt face. If the rifle is to be returned to a NFA SBR configuration by a civilian owner, then the LEO needs to send a letter to ATF NFA Branch. The LEO letter needs to indicate the specific rifle (serial number) was removed from its SBR configuration and that the registry needs to be updated to reflect the change in Title II status. ATF may or may not send back a letter confirming the update, but it is essential a copy of the LEO letter be maintained if a civilian hopes to remake it as a SBR.
4. How to SBR a Title I HK416 D SF?
A surplus HK416 D SF may be returned to a SBR condition, but a civilian will have to file a Form 1 to make a SBR. It is entirely possible the application will be denied! There are very few civilian owned HK416 D SF SBR, and it took multiple applications to gain approval in every known instance. Generally, ATF will reject applications on the basis of: (A) The rifle is restricted as a sales sample; or (B), ATF Ruling 80-8 prohibits the commercial resale of firearms banned from civilian importation. In the case of every known approved application, a cover letter was provided with the application packet. A cover letter should explain the circumstance surrounding the Title I condition (I.E. Imported by LEO, officially used, removed from configuration, sold as surplus equipment). The application packet must include the LEO letter requesting the rifle's removal from the NFRTR. It is almost a certainty, if you cannot evidence the removal letter with your application, the application will be denied.
More information can be found in these threads:
https://www.hkpro.com/forum/hk-nfa-talk/363225-416d-form-1-sbr-approval.html
https://www.hkpro.com/forum/hk-nfa-talk/214811-interesting-conversation-atf-hk416-sf-receivers.html
Here is an example denial letter which is relevant to the SBR process as well it speaks to how ATF applies 80-8:
Here are actual denials provided on rejected Form 1 applications:
5. What alternatives are there to NFA configuration?
Most know that a 14.5" can have a muzzle device permanently affixed to bring the barrel length to greater than 16". It is not as obvious that the same can be done to a 10.4" barrel. A fake suppressor could be pinned and welded, and an actual registered suppressor can be pinned and welded too! The internal diameter of the handguard is such that most commercial suppressors, if permanently attached, would not allow access to the piston assembly for cleaning. A custom made or Form 1 made Suppressor that is the same outer diameter as the barrel nut can be pinned to bring the total length of the barrel to Title I length. If the diameter of the suppressor is greater than the barrel nut, but less than the internal diameter of a rail, access to the piston is still possible but the handguard could never be fully removed. Another alternative could be the use of a RDIAS, it would probably be a good idea to ensure legal pedigree if this route was taken.
416 D SF pictured with a RDIAS
6. How to tell if a HK416 D SF is authentic?
Buyer beware! There are clone 416 lowers and at the prices received for authentic HK416 D SF there will undoubtedly be forgeries!! The serial number will start with a 88-XXXXXX prefix; this prefix will differentiate a factory 416 D SF from a remarked MR556. HK USA customer service will likely confirm if the serial number is authentic and the specifications of the firearm at the time of the initial sale. If they will not confirm specifications, there are plenty of other indicators. The earliest of the semi-auto imports had the model designation "HK416 D". These receivers lacked the additional "SF" engraving on the lower receiver. All known HK416 D marked semi-autos have an AH date code, should the upper receiver accompany the lower. Just as in the instance of standalone 416 uppers, the date codes on the barrels may or may not match the date codes on the receiver. The date codes, however, will be within a few years of each other. HK416 D SF marked lowers will have an AI date code. It is possible, though unlikely, a SF marked lower could have a AH date code but there are no known examples of such. It is also possible a SF marked lower could have a newer date code, but there are no known examples of that either. There are a few other ways to identify a factory lower, so if authenticity cannot be confirmed from the above information just reach out with a PM for help!
7. How many semi-auto HK416 were imported?
Per employees at HK, there were more approximately 300 SF sold to departments. They also confirmed they had to destroy some remaining inventory of SF that did not sell. So, the total number of SF imported was around 300, give or take 100 units. It is important to note that even if 300 were imported, not all will ever be sold as civilian legal rifles. Some LEO would destroy surplus NFA items instead of selling them. Many SOT would not understand how such a NFA trade in could be sold Title I. There are only 9 known HK416 D marked 10.4" imported rifles that are confirmed to be civilian legal; this means they had 10.4" barrels at the time of import, were officially used, removed from the NFRTR, and lawfully sold as surplus in the civilian market. There are 7 known HK416 D SF marked 10.4" imported rifles that are also confirmed to be civilian legal. It is highly unlikely there are more than 20 HK416 D SF marked 14.5" rifles that are 100% civilian legal.
