Quote History Quoted:
What I am saying is the are ignoring the conspicuously requirement in regards to caliber.
...and "conspicuous" means that all required markings must be placed in such a manner as to be wholly unobstructed from plain view. For example, required markings may not be placed on a portion of the barrel where the markings would be wholly or partially obstructed from view by another part of the firearm, such as a flash suppressor or bayonet mount.
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Quote History Quoted:
What I am saying is the are ignoring the conspicuously requirement in regards to caliber.
...and "conspicuous" means that all required markings must be placed in such a manner as to be wholly unobstructed from plain view. For example, required markings may not be placed on a portion of the barrel where the markings would be wholly or partially obstructed from view by another part of the firearm, such as a flash suppressor or bayonet mount.
Yes, in practice ATF frequently does ignore the "conspicuously" requirement.
Or if you want to interpret it another way...
It is true that the marking was
conspicuous when placed on the barrel, but became a bit less conspicuous once the hand guard was added.
There are always different interpretations to requirements.
ATF Ruling 2002-6, that you cited above, is probably the most strict, but it's just an opinion letter and doesn't carry the significance of CFR or U.S.C.
There's no rule stating one cannot render the markings less conspicuous by adding parts or accessories.
27 CFR 179.102(a) states:
(2) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed), or placed on the frame, receiver, or barrel thereof certain additional information. This information must be placed in a manner not susceptible of being readily obliterated, altered or removed.
and
26 U.S.C. 5842(a) (which is the actual law) states:
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.
ATF also allows other means of identification, if will not unduly hinder the effective administration, which is why the "marking variance" is a thing (for FFLs).
See
ATF Ruling 2009-5 for some more info on those.