www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter66.txt
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226

AUG 23 1999

901040:GS
5320/99-0115

Dear Mr. Bardwell:

This is in response to your letter of June 28, 1999, regarding the
repair of a silencer by an individual owner. You ask "whether it
is lawful for the owner of a lawfully possessed silencer ... to
repair that silencer himself, by replacing unserialized internal
components with new components of his own making." You cited the
replacement of a worn out plastic "wipe" or damaged baffle as an
example.

As you are aware, the terms "firearm silencer" and "firearm
muffler" mean any device for silencing, muffling, or diminishing
the report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in assembling
or fabricating a firearm silencer or firearm muffler, and any part
intended only for use in such assembly or fabrication. Thus,
certain internal components, intended only for use in a silencer,
are silencers as defined.

If an individual made one of these parts, even for use as a
replacement part, the individual would be making a silencer. Under
the provisions of the National Firearms Act, any person must apply
for and receive permission to make a silencer and pay the making
tax for each silencer made. This would require the individual
owner to file an ATF Form 1 application for each silencer part to
be made with the payment of $200.00 for each application prior to
making any replacement part.

In regard to the two parts in your cited example, we consider a
baffle to be a silencer, but a wipe, which is usually nothing more
than a rubber or plastic disc with a hole in it, is generally not
considered to be a silencer. Thus an individual owner could
replace a wipe.

- 2 -

Mr. Bardwell

For the replacement of a part or parts that meet the definition of
a silencer, the individual owner would need to arrange for the
transfer of the silencer to a Federal firearms licensee who is
qualified to manufacture silencers.

If you have questions about the classification of other silencer
components, please provide us with a description of them or should
any additional information be needed, please contact Gary Schiable
at (202) 927-8330.


Sincerely yours,

[signed]
Kent M. Cousins
Chief, National Firearms Act Branch

and then this (color added by tony_k):
www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter67.txt

DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226

30 AUG 1999

901040:GS
5320/990132

Dear Mr. Bardwell:

This is in response to your letter of June 30, 1999, in which you
ask an additional question concerning the repair of a silencer.
You state that our letter of April 19, 1999, indicated that the
original manufacturer of a defective silencer could replace the
serial numbered component with a new component with the same serial
number, on an exchange basis, with no additional transfer tax due
(assuming the original manufacturer was still in business). You
also stated that our letter indicated that anyone licensed as a
manufacturer of NFA (National Firearms Act) firearms could replace
internal, unmarked components of a silencer, whether they made it
originally or not.

You ask "what if the original manufacturer of a silencer is no
longer in business; may a different manufacturer then replace the
serial numbered component of the silencer with a replacement
component bearing the same serial number as the defective one, and
with no additional transfer tax due? Or are owners of silencer
made by defunct companies unable to get this sort of repair done,
except by getting a new silencer, with the attendant transfer taxes
and other requirements?"

Our letter state "A silencer which is unusable due to a
manufacturer's defect, may be replaced without incurring transfer
tax, only if the silencer is returned to the original manufacturer
for repair and the original manufacturer is licensed as a
manufacturer of firearms and has currently paid SOT as a
manufacturer of firearms." Only the original manufacturer may
replace a defective silencer with one bearing the same markings and
without incurring transfer tax. If the original manufacturer of
the silencer is no longer qualified to manufacture NFA firearms,
such as by no longer being in business, they any replacement would
involve the making of a new silencer with the appropriate
registration and transfer tax.

Should any additional information be needed, please contact Gary
Schiable at (202) 927-8330.


Sincerely yours,

[signed]
Kent M. Cousins
Chief, National Firearms Act Branch