[OARNGESI]

since when you sbr a rifle you become the manufacturer, is it legal to move the factory serial number at that time?

[crazy-mp]

§ 478.34 Removed, obliterated, or altered
serial number.
No person shall knowingly 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 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.

No, you did not physically make the receiver, your manufacture into a NFA is only for that item's NFA status. If you were to buy a 80 percent receiver then you can put any serial number you want on it and in any location you want as long as its within the ATF's marking requirements.

[WardenWolf]

It depends. I do know there are legal methods for MOVING the serial number. A number of gunsmiths do this when making modifications that would result in the original number being obliterated or permanently covered. I don't know the exact procedure for documenting it or receiving permission to move it, however. I just know that the replacement number must be stamped first before the original can be removed, so the receiver is never without a number.

[Sam1911]

Well, there lies the rub. When you SBR a gun you are filing the Form 1 to "MAKE and register" a firearm. So as far as the BATFE is concerned, you are now the manufacturer of that weapon and your serial number is THE serial number. Your new engraved number, "SAMMYSGUN1," is the serial number and the original maker of that weapon's number, "123456ABC," doesn't have any relevance.

Almost as though you were destroying the original gun and making a new one from scratch.

Almost.

As we all know, however, you may remove a weapon from the NFA, and you may return the SBR'd gun to its original rifle (or pistol) configuration and sell it or otherwise dispose of it as a Title I item, without even bothering to notify the BATFE that it can be removed from the registry. But then, which serial number now applies? "SAMMYSGUN1" or "123456ABC?" Or both? Can either be removed? Which would be appropriate to write on the 4473 when transferring that gun to a new owner?

I think this also comes up from time to time with imported surplus weapons where the importer gives the weapon a serial number, engraved along with the importer's information, that is often different from the factory serial number.

Some readings of the law (and some state laws, specifically) would indicate that it is illegal to remove any of those numbers, or any other identifying markings.

[tepin]

The instructions (2i) on form 5320.1 aka Form 1 state:


Serial Numbers and other Markings. If an existing firearm is being modified into an NFA firearm, enter the existing serial number of the firearm into item 4g and the name and address of the original manufacturer into item 4a. Do not Alter or Modify the Existing Serial Number . If the NFA firearm is being made from parts, your name and address are to be entered into 4a and a serial number you create is to be entered into item 4g.

[Sam1911]

And, if you put the 16" barrel back on, or remove the stock, or do whatever to put the gun back in "GCA" configuration, and you sell that gun to someone in another state -- which serial nubmer does the FFL put on the 4473?

[MasterSergeantA]

There is only one serial number. Whatever went into 4g if you were building it from an existing gun...and whatever you put into 4g if you created a serial number for a gun "made from parts".