I reached out to multiple ATF contacts a month ago but no reply.

https://regulations.atf.gov/478-92/2023-01001#478-92-a-4-iii

The above states: "Licensed manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another licensed manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a licensee, and the serial number adopted is not duplicated on any other firearm."

Does the above exception mean a FFL 07 can build a completed Title 1 firearm, or even an SBR, without doing any markings/engravings (for purpose of selling)?

I found a few posts regarding this but no concrete answer.

Interesting question.   I've made SBRs from NIB Title 1 firearms before, and thought I had to also add my name & address.    It'll be good to find out if I don't have to do that if the serialized item has never been sold at retail.

Your question doesn't make sense with what you quoted.
If an 07 manufactures a new firearm, he marks it as required in  § 478.92.....doesn't matter if its Title I or NFA.
Example: You build a firearm from scratch. You must mark it with the manufacturers name, location, model, serial# and caliber.

The exception you quoted applies to firearms already manufactured and marked by another 07.
Example: You take a new Colt AR rifle and wish to make it an SBR. Since Colt already marked all the required information.....you can adopt those markings. NOTHING is required to be engraved. You can only do this if the firearm has never been transferred to a nonlicensee.




The regulation is the concrete answer.

This has been possible since August 2022, when Rule 2021R-05F Definition of “Frame or Receiver” and Identification of Firearmsbecame effective.

Apologies for the confusion regarding my question.
When I said "build a completed Title 1 firearm, or even an SBR" I should have clarified not when building from scratch, but when starting with an already serialized lower receiver (to build a complete Title 1 rifle, or a SBR)

So how do you mark this in your bound book? You create a manufacturing acquisition but not with your information?

I have an Anderson lower i buy straight from anderson, and want to manufacture it into a rifle, SBR, or Machinegun. No marking needs to be added? I just log it as me making an Anderson AM-15 machinegun?

TIA

"(4) Exceptions...
(iii) Adoption of identifying markings. Licensees may adopt existing markings previously placed on a firearm and are not required to mark a serial number or other identifying markings in accordance with this section, as follows:
(A) Newly manufactured firearms. Licensed manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another licensed manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a licensee, and the serial number adopted is not duplicated on any other firearm."


Most would read this "as long as this Colt lower was never was disposed to an individual, and it always was in possession/on books of FFL-to-FFL, the Form 2 FFL making it into a SBR doesn't have to mark it further, they can use the original Colt SN and Colt's other markings."

But I have no idea how someone is supposed to know if an AR receiver they obtained from another manufacturer might have also been, at one time, disposed of to a person other than a licensee.

For instance, I (an 07/02) buy a used stripped Colt AR lower from a small 07/02. I'm going to register it as an SBR via Form 2. I'm kind of aware the FFL before me got it from yet another FFL, but how would anyone be able to find out if the previous FFL got it from a person inbetween/instead of from Colt?

Don't buy "used".

Haha. Well don't BUILD used. Just build off of receivers/guns straight from the manufacturer or distributor

I have done at least a dozen and had a compliance inspection too.

It says what it says. Not sure what clarification is needed?

Your book looks the same, the only difference is you do not need to add your name/city/st to the firearm.

How would this apply to a firearm owned by a LE agency then transferred to a FFL? I would think that 27 CFR 478.92(a)(4)(iii)(A) would still apply, because it hasn’t truly been in commerce.

Is a LE agency a "person"?

You can transfer Title II firearms to an LE agency without naming any one person as the transferee so that should be true of Title I firearms as well.

It would seem that a government agency is NOT a person.

I recently received a stripped, semi-AR lower from the ATF. It was disposed to me as a semi-auto receiver only, I was instructed to log it into my A&D books as that (even though the US government mistakenly said it was an SBR while it was in ATF's possession.)

It has markings from PWS (original manufacturer, serial/city-state/trade name), as well as some later added markings (city-state/trade name) that were engraved by a downstream 07/02 when they registered it as an SBR. Later, it was stripped, no barrel, and became a Title 1 bare receiver again.

I want to F2 it as an SBR (again), and understand it never has "been sold, shipped, or otherwise disposed of to a person other than a licensee." because ATF is not a person.

Also, while I had this necessary dialogue going with the government on how to properly log it in, just out of curiosity, I asked ATF a couple questions about engraving/what's required/allowed/etc. First: if I could remove the middle FFL's markings because they are enormously superfluous as well as confusing at this point. I didn't expect them to say anything different, and they sort of didn't answer all the actual questions asked, but pasted below is the advice they're currently giving:

Eh, just FYI's below:

QUESTION:• This receiver already now has two manufacturer's markings on it. Is it required to add a *third* set of markings on it (my own City, State, and my own FFL name) and then Form 2 register it as an SBR? Or is there some other way to properly "reactivate" a formerly-registered SBR without putting an even more confusing amount of multiple maker's marks on it?

Response: Licensed manufacturers who conduct re-manufacturing activities may adopt certain markings pursuant to 478.92(a)(4)(iii)(B), which states 'licensed manufacturers and licensed importers may adopt the serial number or other identifying markings previously placed on a firearm that otherwise meets the requirements of this section that has been sold, shipped, or otherwise disposed of to a person other than a licensee provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on the frame or receiver either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated Federal firearms license number, which is the first three and last five digits, individually (i.e., not as a prefix to the serial number adopted) after the letters ‘‘FFL’’, in the following format: ‘‘FFL12345678’’. The serial number adopted must not duplicate any serial number adopted or placed on any other firearm, except that if a licensed importer receives two or more firearms with the same foreign manufacturer’s serial number, the importer may adopt the serial number by adding letters or numbers to that serial number and may include a hyphen.

(Note they only answered as if it *had* entered commerce to a person, not if it had only transferred between 07's.)



Although licensees may adopt markings pursuant to the noted regulations, licensee must ensure ALL marking requirements are met under 478.92(a)(1).  For instance, a licensed manufacturer that assembles newly manufactured receivers acquired from another licensee, must also mark the caliber (if not already marked) and model (if not already marked and the licensee assigns a model) of the completed firearm.

Keep in mind, that licensed manufacturers must mark NFA firearms not later than close of the next business day following the date the entire manufacturing process has ended for the weapon or device, or prior to disposition, whichever is sooner. See 478.92(a)(1)(vi)(B).  Further, the manufacturer shall submit the ATF Form 2 “Notice of Firearms Manufactured or Imported” by the close of the next business day after manufacture.


QUESTION:• May the old engravings from the "middle" company be removed now that it's not an SBR anymore? (Those markings are superfluous at this time, and this act does not change or remove the original makers marks and original serial number.)

Response: As you’re probably aware, under 18 U.S.C 922(k) stated that “It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.”  The ATF final rule 2021R-05F amended 27 CFR 478.11 by adding the definition of “importer’s or manufacturer’s serial number” to mean (emphasis added):

The serial number placed by a licensee on a firearm, including any full or abbreviated license number, any such identification on a privately made firearm, or a serial number issued by the Director. For purposes of 18 U.S.C. 922(k) and § 478.34, the term shall include any associated licensee name, or licensee city or State placed on a frame or receiver.

Accordingly, it is unlawful to remove any licensee name, or licensee city or State that is marked on a frame or receiver.


QUESTION:• Also, if having multiple, confusing engravings on it *is* required, may I have another company engrave my City, state and my own FFL name first while it is still a Title 1 firearm, and then I would re-purpose those markings whenever I do file the Form 2 to register it as a Title II firearm?

Response: If you are going to utilize a marking service to engrave the firearm, we recommend that you remain with the firearm while it is being marked so that a transfer does not occur.  Ideally, a type 07/Class 2 FFL manufactures the NFA firearm and marks it accordingly upon manufacture, then notifies ATF on a Form 2 by close of the next business day.

(Which I thought was kind of interesting, because a local IOI recently told me I may *not* have a marking service engrave something I F2'd, I had to engrave it on MY premises. Here, ATF HQ says the opposite, and also volunteers that an FFL holder can remain with a firearm while manufacturing work is performed by someone else, etc...)

That's how I understand it. Logged in as a receiver and out to your FFL / company. Then back in on a new line as a rifle, etc. The "manufacturer" in the this example could still be "Anderson" or "Aero" (as examples, right)? You don't have to engrave your FFL name / location on it as long as you are a valid Type 07?

But I'm a newbie and had a very green IOI recently where this conversation was had.

You are the MFG of everything you MFG.

If firearm is made in compliance with new rules, no additional engraving is needed.