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Any experience submitting a F1 to Manufacture from scratch?

Discussion in 'NFA Firearms and Accessories' started by Jason977, Jan 17, 2013.

  1. Jason977

    Jason977 New Member

    Mar 21, 2010
    I am familiar with the use of the F1 to "make" an sbr from an existing firearm. Now I want something along these lines: http://www.thehighroad.org/showthread.php?t=657282

    But I would like to build the receiver from scratch so that it would be classified as an AOW rather than an SBS. I understand it's the same fee up front, but an AOW is less restrictive in a couple important respects.

    My question is, Has anyone done this before, and what did you provide to the ATF as required by 4a: "if prototype, furnish plans and specifications".

    I have an attorney that I used to create my trust, but he doesn't have any experience with this, and I don't know who else to contact other than the ATF.
  2. Charger442

    Charger442 Member

    Jun 19, 2009
    South Texas
    i thought that something that was an AOW had to be that from the manufacturer. i was under the impression that you couldnt just manufacture an AOW as an individual, but needed an 07/SOT.

    now, if i were in your shoes, i would do these two things:

    1) write a letter to the ATF describing what you want to do. that way, if they say that's fine, you get a letter back stating so.

    2) call the NFA branch and ask to talk with someone about your plans. they may tell you to submit it anyway and want to review it, or they might just wreck your playhouse right off the bat.

    my point being that i wouldnt take the internets hearsay when dealing with something like this.

    Good luck and report back your findings!
  3. Aaron Baker

    Aaron Baker Active Member

    Mar 20, 2008
    Lexington, KY
    Um... that's what a Form 1 is for. Any individual can file a Form 1 to build any NFA firearm, with the exception that individuals cannot use a Form 1 to create a machine gun because the registry is closed.

    A smoothbore pistol with a short barrel is an AOW. When making one from already-manufactured weapon, it cannot start life as a shotgun with a stock because a weapon made from a shotgun is a short-barreled shotgun whether it ends up with a stock or not. Counter-intuitively, pistol-grip-only (PGO) factory shotguns aren't actually classified as shotguns. They are "other" weapons. Shotguns have stocks. PGO "shotguns" are "other" weapons because they have no stock, but start life as over 26" long. To make an AOW, it has to start life as a PGO shotgun.

    But if you're making something from scratch, then it isn't starting life as something else and those distinctions don't matter.

    Jason's question is a good one. I don't know the answer. However, I would hazard a guess that perhaps you don't need to submit plans because you're not making a prototype weapon. According to a post I found by Ranb, who has made a whole bunch of silencers in Washington state, Form 1 suppressors don't require the submission of plans.

    Building a shotgun is a different proposition, of course. A basic drawing of what you intend to make is probably sufficient. If you're just going to make a straight copy of an existing shotgun design, a letter saying so is probably sufficient to submit with your Form 1. You certainly could contact the ATF and ask.

    What are your reasons for choosing the AOW route, Jason? The making tax is the same: $200. If you ever sell, the transfer tax is $5, so that's a benefit over an SBS. And some states allow AOWs but not SBSs. Other than that, I can't think of any reasons to not just do a SBS.

  4. Jason977

    Jason977 New Member

    Mar 21, 2010
    Thanks for the input Aaron, we're on the same page. Basically what I'm going to do is buy a single shot shotgun, use the barrel and throw everything else out. Of course I'll use the receiver to get dimensions/ measurements for my design but the final product will be different enough from the manufactured receiver that there will be no doubt that it's scratch built.

    All after I receive my stamp, of course.

    The specific reasons for AOW vs SBS are the fact that SBSs are not legal in Michigan, and the fact that 5320.20 forms are not required for AOWs.

    I will indeed contact the ATF, thanks for the input.

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