Making of NFA by Nonlicensee - ATF NFA Handbook Question
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    Making of NFA by Nonlicensee - ATF NFA Handbook Question

    I was just reading over the ATF's NFA handbook (http://www.atf.gov/publications/down...f-p-5320-8.pdf) and this part caught my eye - section 6.4 on page 37 about "Making NFA Firearms by Nonlicensee"......so how is it that we can send parts kits and receivers to an 02/07 FFL for an SBR build on a Form 1??? Just curious if anyone knows the USC section that provides this loophole. Thanks in advance for your input.

    Section 6.4 Approval of 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.

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    If you want something made into an AOW, it's best to have a C2 do the paperwork/conversion and pay a $5 transfer. If you, as an individual, do a Form 1 to make an AOW it will cost $200.

    If you want to SBR/SBS a firearm you can either have your C2 do the Form2 and conversion or you can do it yourself. the manufacturer (you or the C2) will have to mark the receiver with the appropriate information. You can always do a Form 1 and have the barrel shortened by a gunsmith if it's beyond your capability.

    It's been my experience that most individuals that do Form 1's either have a modular firearm to do the conversion (AR-15) or they possess the skill set and tooling to shorten a barrel, etc. like with an AK or FAL.


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    Quote Originally Posted by Surly
    If you want something made into an AOW, it's best to have a C2 do the paperwork/conversion and pay a $5 transfer. If you, as an individual, do a Form 1 to make an AOW it will cost $200.
    yeah, but dont you still pay the $200 regardless? I mean the manufacturer still has to pay that $200 for the conversion correct?
    WTB:
    SVD: stock and handguards, FSB, gas regulator, 1200 meter rear sight
    Chicom: trigger guard, spiker FSB, gas block, underfolder rear trunnion

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    Quote Originally Posted by Surly
    yeah, but dont you still pay the $200 regardless? I mean the manufacturer still has to pay that $200 for the conversion correct?
    No. Licencees do not pay the tax to manufacture each weapon.

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    what they are refering to if you have the weapon or parts kit built or modified by another non-licence person, ie. bubba in his basement. if you read it states "another person", not that you send that weapon or parts kit to a class 2/7 manufaturer. this part clearly refers to so called 'build parties"

    "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."


    I don't believe that people like INRANGE and a lot of other class 2/7 SOT manufaturers would even take work to make a NFA weapon from folks who did the form 1, if it wasn't legal for them to do that.

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    my understanding is that once a receiver is registered with the NFA it is considered a complete gun. Sending the a NFA item to be assembled isn't making a gun since the gun is already in existence. It is like heavily modding a firearm - gunsmithing rather than gun making.
    Rights that go unexercised have a way of becoming privileges.

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    Quote Originally Posted by PolsVoice
    my understanding is that once a receiver is registered with the NFA it is considered a complete gun.
    any receiver is a firearm, doesn't matter if you put a barrel in it or not. in the case of a NFA receiver, all you are doing there is changing it's status from a regular firearm to a NFA one.

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    Quote Originally Posted by Caligula
    what they are refering to if you have the weapon or parts kit built or modified by another non-licence person, ie. bubba in his basement. if you read it states "another person", not that you send that weapon or parts kit to a class 2/7 manufaturer. this part clearly refers to so called 'build parties"

    "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."


    I don't believe that people like INRANGE and a lot of other class 2/7 SOT manufaturers would even take work to make a NFA weapon from folks who did the form 1, if it wasn't legal for them to do that.
    I guess all of the other information was a distractor because after reading it three times, I still don't know what the question is.

    If he wants to have his buddy help him with a conversion there's nothing wrong with that. He has to keep the piece in his custody...no leaving it overnight unless it's a licensed 'smith.

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    Yeah I guess I was just wondering where it differentiated between "another person" and an 02/07 FFL.....it doesn't seem to point out that you CAN have it shipped to an FFL for a build. Obviously I know we can as it's so common and I have before, but I was just looking for the part where that was explicitly stated as being OK (e.g. code section), that's all.

 

 

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