Discussion in 'Legal' started by senorlinc, Apr 14, 2008.
The manufacturer of the firearm will have to fill out the Form 1 before starting work on it. Once the manufacturer receives the approved Form 1 from the ATF the SBR can be built. The firearm can then be transferred to you on a Form 4.
ATF Form 1 with instructions
Some people put "collection", others "investment". "All Lawful Purposes" covers things nicely.
You won't be denied because you didn't give a 'good enough' reason.
If you already own the reciever, send in the Form1 and then you can temporarily transfer it to a shop to have them engrave your name, city and state along with cutting the barrel.
How does that "temporary transfer" work? For example, say I have been approved to "build" an SBR on an AR-15 frame. The "buidling" occurs when I attach the <16" upper. If I have it engraved before I assemble the upper, then is it correct that I have not yet "built" the SBR and, thus, it is not yet an SBR? If so, then it would be much easer to give possession of it to someone else to engrave. Correct?
The weapon is an SBR as soon as you recieve the approved form with the cancelled stamp, after which time you must complete the 5320.20.
Sending the weapon out for engraving after submitting the Form1 but before you recieve it back from the ATF is not recommended, IIRC.
before sending in the Form 1?
That's what I ALWAYS do with mine.
They screw it up or lose the receiver you are out the $200.
There's no law against engraving your name and town on a title 1 firearm so there's no harm done even if you change your mind about the SBR.
Correct, engrave before sending in the paperwork. Both because you need to do a 5320.20 to send an NFA weapon anywhere and the tax being nonrefundable if your reciever suffers any unfortunate incidents.
Well what exactly are you building? If it's an AR just do it yourself.
Buy the stripped reciever from your dealer, fill out the Form1, wait for its return and then send it off to a highly regarded AK smith for the barrel and engraving. If you have him do the work on a reciever he has in stock, you'll have to wait even longer for it to Form4 from the builder to your FFL and then another Form4 from your FFL to you (assuming the builder does not reside in your state).
The engraving will always reflect the name, city and state listed on the original Form1 and shall never be altered. Future Form4s will list the original name, city and state as the manufacturer's info in the appropriate blocks.
A manufacturer (type 07 FFL / class 2 SOT) typically registers NFA firearms on a tax-free Form 2 after manufacturing the item.
I'm working on a Yugo Model 92 right now. I had the receiver engraved before sending in the Form 1's and associated paperwork. I'm waiting for the approved Form 1 to come back right now.
According to this thread a 5320.20 isn't required if you are shipping your receiver and kit to a builder in another state.
The engraving refers to who made the SBR, and does not necessarily have anything to do with who owns the gun now.
So I take it if you had a barrel shortened <16" on a gun without interchangable uppers the 'smith/SOT that did it would engrave (or have engraved) their info?
If you filed a Form 1 then had a smith do the actual work YOU are still the manufacturer. The manufacturer is the one that is entering the thing in the NFA registry for the first time.
You are "making" an NFA weapon where none existed before. Even though it was a Title 1 firearm, it is a "new" NFA weapon.
Makes PREFECT, logical sense I don't understand why so many people are confused and it all has to constantly get explained. It all makes perfect sense.
For the September 2007 version of the Form 1, block4A, list the name, city & state of the *original manufacturer* of the reciever as engraved on the lower (BFI, Windham ME, for example is how Bushmasters are marked).
A Form 1 is an application to 'make and register' an NFA firearm, normally using a non-NFA firearm as a base. If you used an '80% reciever' (one you completed yourself in a work shop), you would list yourself as the manufacturer.
Now that you've listed the original manufacturer on the form, you must also engrave the name, city and state of the *maker* on the reciever. This would be: John Doe, Nowheresville, PA (if doing it as an individual, or John Doe Trust, Nowheresville, PA if doing a trust)
Untrue, and one of the online myths.
Read your Form 1's instructions:
4 Withdrawal of Application. The application may be withdrawn prior to approval by submission of a written request from the maker. The NFA Branch will arrange for a refund of any tax paid.
5 Cancellation of Approved Application. An approved application may be cancelled only if the firearms had not been made or modified. The maker must return the approved application with a written request for cancellation, citing the need and that the making of the firearm did not take place.
Since the receiver/engraving was botched, and the weapon not made or modified into a NFA item - the weapon was not made. Get your $$$ back, file another F1.
True, you can apply for it to be refunded but it takes several months to get the cash back and then several months to go through the process again with a different lower. Also people tend to slap an SBR upper on their lower as soon as the stamp arrives and then get it engraved at a later date, at which point you do not qualify for a refund.
Still a world of difference from 'not refundable', which is what I heard time and time again on various boards over the years.
Separate names with a comma.