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Posted: 11/11/2014 12:13:39 AM EDT
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Submitted the eform 1 at 1154 on 11/04/14. That was nice & easy.
Did A LOT of reading. If I understanding, from reading on the ATF site, one can replace the parts of the suppressor w/o additional forms. Since I'm considered the manufacturer. If, the actual tube is replaced, then a new Form 1 has to filed? From the website: Unless the outer tube is replaced by the manufacturer prior to its removal from the manufacturing premises for purposes of sale or distribution (see “If a silencer is found to be defective due to the manufacturing process, may it be replaced?”), the replacement of the outer tube amounts to the making of a new silencer. For the registered owner to fabricate a new outer tube, he or she must submit an ATF Form 1 (5320.1), Application to Make and Register a Firearm, pay the making tax of $200, and receive ATF approval. The application to make should indicate that the new tube is being fabricated for use in replacing a damaged outer tube on a registered silencer, and the application should indicate the make, model and serial number of the registered silencer. It would be helpful for the applicant to include a copy of the approved registration for the silencer. Assembly of the newly fabricated tube with the other parts of the registered silencer does not require an additional application to make nor payment of another making tax, as the one Form 1 will provide permission to fabricate the new tube and to assemble it with the old silencer parts. The replacement tube must be marked in accordance with 27 C.F.R. § 479.102. The registrant may use the same serial number that appeared on the damaged tube. A little confused. Anyone in the know? |
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im going to go out on a limb here... the answer is no.... you get a stamp to mfg one silencer, you cant repair it or replace anything..... no extra parts,pcs or anything laying around. if it needs repair it goes to a SOT. ^^ this https://www.atf.gov/firearms/faq/national-firearms-act-silencers.html "A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer. Repairs may not be done if they result in removal, obliteration, or alteration of the serial number, as this would violate 18 U.S.C. § 922(k). If a silencer part bearing the serial number, other than the outer tube, must be replaced, the new part must be marked with the same serial number as the replacement part. The term “repair” does not include replacement of the outer tube of the silencer. The outer tube is the largest single part of the silencer, the main structural component of the silencer, and is the part to which all other component parts are attached. The replacement of the outer tube is so significant an event that it amounts to the “making” of a new silencer. As such, the new silencer must be marked, registered and transferred in accordance with the NFA and GCA. In the event that identical replacement parts for a silencer are not available, new and different component parts may be used as long as the silencer retains the same dimensions and caliber. In addition, the repair may result in a minimal reduction in the length of the outer tube due to rethreading, but repair may not increase the length of the outer tube. Increasing the length of the outer tube significantly affects the performance of the silencer and results in the “making” of a new silencer. As stated above, a new silencer must be marked, registered and transferred in accordance with the NFA and GCA. Reducing the length of the tube by a minimal amount in order to repair a silencer is often necessary to replace damaged end caps, as the tube must be rethreaded. Such minimal reduction of the length of the tube uses all of the original parts, does not significantly affect performance of the silencer, and may be done as part of a repair process without making a new silencer. Persons other than qualified manufacturers may repair silencers, but replacement parts are “silencers” as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA." |
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Did A LOT of reading. If I understanding, from reading on the ATF site, one can replace the parts of the suppressor w/o additional forms. Since I'm considered the manufacturer. If, the actual tube is replaced, then a new Form 1 has to filed? One thing you missed in your reading. It may seem like a simple point, but it's very important in how you interpret many of the statutes and ATF rulings. You are not the manufacturer when you file a Form 1. You are the maker. The title of the Form 1 is "Application to Make and Register a Firearm". You'll notice in the laws that it often says "manufacturer, importer or maker" of an item. Making is simply done on a Form 1. Manufacturing is a whole different set of laws, forms, taxes, regulations, etc. |
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"ATF has determined that various parts such as wipes, baffles, end caps, and other individual component parts, which are specifically designed for use in a silencer, meet the above definition and are subject to all the controls and provisions of the NFA. However, we have also determined that in certain instances it is not unlawful for individuals to perform minor repairs to silencers that are registered to them, in order to maintain efficiency. With respect to your specific inquiry, the above repairs would be limited to the following conditions:
Removing the original components from the device Destroying the original components by burning, melting, or cutting the wipes into at least four separate pieces. Making the replacement components yourself and installing them into your silencer Also, you would not be authorized to make or possess any spare components in addition to the ones used in your silencer. It is not lawful for another person to make these components for you, or transfer any components to you that are not registered in accordance with the NFA provisions. Alternatively, a person who possesses a registered silencer may transfer the silencer to any licensed manufacturer of firearms who currently paid a special occupation tax as a manufacturer of NFA firearms. We recommend that an ATF Form 5 be used to facilitate this tax-exempt transfer for repair purposes. Any such manufacturer may then repair or replace the subject components and return the device to you. If such components are replaced, it must be done on an exchange basis, and the original components must be destroyed. " This is an excerpt of a relevant letter. IMO It is unclear over what "components" covers and if it is limited to wipes. It also seems more clear to me that it is not legal for a person to "transfer" components to you for your silencer. That makes the flashlight suppressors seem iffy. I wish this stuff was more clear. ETA - Gorrilla
That letter clearly states that "wipes, baffles, end caps, and other individual component parts" can legally be replaced if the metal is melted down and if the wipes are cut into at least four separate peices There you go, folks. Please, DO NOT start a stupid debate that says the letter applies only to wipes, it specifically includes the components I have highlited in red. In a nutshell: remove component - melt/cut component - make replacement component. |
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Most of the letters that are quoted were not actually for form 1 builds. In any case you are not stuck with a form 1 can if there is an issue, you can go to a SOT to get it repaired, etc. Plenty of reasonable priced ones who do good work. The one I quoted was specifically for a form 1 can. |
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