ATF Form 1s, SBRS etc, and professional builders...
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  1. #1
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    ATF Form 1s, SBRS etc, and professional builders...

    So I saw on another site that some builders are not accepting work to build SBRs from kits where the customer applied for and received an approved ATF form 1. I guess the ATF is now pressuring the builder(FFL/SOT) to use a form 2 to make, and form 4 to transfer back to the customer. The reasoning behind this is the ATF wants the form 1 applicant to be the person to actually do the work making it a SBR, and if they are unable, they can accompany the firearm to a skilled gunsmith, and oversee the work without the firearm being out of their possession.

    Excerpt from the ATF handbook-
    Section 6.4 Approval of Form 1. Non-FFL/SOTís may seek approval to manufacture an NFA firearm
    (e.g., short-barreled rifles, short-barreled, shotguns, wallet guns, etc.) via submission of an ATF Form 1.
    Upon receipt of the completed Form 1, ATF will process the application and, if approved, a tax stamp
    will be affixed to the original of the form and the approved application will be returned to the applicant.
    Approval by ATF will effect registration of the firearm to the applicant. Upon receipt of the approved
    application, the applicant may make the firearm described on the approved Form 1. The approved form
    must be retained by the applicant and made available at all times for inspection by ATF officers or
    investigators. Note: Under no circumstances may the firearm in question be made prior to receipt of
    the approved Form 1.
    The approval of the Form 1 application authorizes the applicant to make the firearm. The approval does
    not authorize the applicant to convey or ship the firearm to another person to manufacture the NFA
    firearm. If another person will manufacture the NFA firearm, the other person would be the maker and
    the application must be submitted by that person. Subsequent to the making, the firearm could then be
    transferred, subsequent to an approved Form 4 application, to the person who wanted the modification to
    be made.
    If the applicant on the Form 1 lacks the skill, ability, and/or equipment to manufacture the NFA firearm,
    the applicant, after receipt of the approved Form 1, can have the firearm created or modified at a
    premises other than shown on the approved Form 1 as long as the creation or modification was done
    under the direct oversight of the applicant, thus having the applicant retain custody and control of the
    firearm. If the location is outside the applicantís State and the firearm being made is a short barreled
    rifle, short barreled shotgun, destructive device, or an unserviceable machinegun which is being
    reactivated, the applicant will also need to request permission to transport the firearm interstate as
    required by 27 CFR 478.28.
    Anyway, this was news to me, and I was wondering how long this has been going? Mine were built so long ago that I dont remember if I went this route or not Also, do we know which builders will build form 1 for customers and which will not?

  2. #2
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    I heard this from a custom builder as well. Yet another example of the ATF changing the rules as they go along. It has only been in place since 1934. Perhaps they'll eventually get all the regulations ironed out.

    The solution to this is very simple if you want someone to build a kit for you (and you have not already submitted a Form 1). Just have them build the kit as a pistol. You can even have them engrave your name, city and state on it. Once you get the pistol, submit your Form 1. Once you get the stamp, slap that buttstock on it. Of course you could also have them build it and get it transferred to you on a Form 4 if they're willing. The downside is that you'd have to wait for their stamp to be approved (no cost) and then it would have to be sent to an NFA dealer near you. You'd then have to wait for it. That's about a year right now. So in the end, absolutely nothing is accomplished except additional hassle. It makes you wonder why they'd want to waste their time with this sort of nonsense when there are actual crimes out there to be solved or prevented.
    Rights are inherent. They do not come from another's wallet.

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    FWIW, that excerpt is from the NFA handbook, "ATF E-Publication 5320.8 Revised: April 2009"
    Another possible situation is where you have a AK pistol such as a ZPAP85 that you want converted, and you want said builder to swap rear trunnions from a pistol to an UF. This new old rule enforcement basically prohibits you from just sending the pistol for a trunnion swap. Hypothetically, you could first put a temporary stock on the pistol, making it a rifle, then send it off to just have the stock switched? No rules as far as I know state requirements for the stock, so if you are unqualified to convert it your self(which is why you're sending it off anyway) you could just slap whatever the crudest most flimsy hunk of wood on the back and call it a stock, then have it 'fixed' by a pro?

 

 

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