Suppressor Building Legal Question

[hso]

Is it legal to have someone make the baffles if I'm going to do the paperwork get the stamp and build a suppressor?

 

[Rail Driver]

As far as I'm aware, you have to be physically present during all stages of manufacture, and you have to maintain possession of the parts when they're not being worked on (after you get your stamp)

 

[MachIVshooter]

That's an interesting question.

I would think that as long as they weren't contracted to actually build the supressor, it's probably OK. Without a housing, the baffles are nothing more than oddly shaped funnels. I mean, you could do one of those online CAD programs and have most any small parts built and delivered without ever setting foot in a machine shop or actually talking to anyone.

But.........I'm no NFA law expert, and I have my own little machine shop. If I were to build a supressor, I would do it myself, so this query had never occurred to me before.

 

[Bubbles]

07/C2 needed to make baffles for someone else, and even if you have a silencer you can't have spare parts for it.
http://www.atf.gov/firearms/faq/national-firearms-act-silencers.html#ffl-silencer-repair

Persons other than qualified manufacturers may repair silencers, but replacement parts are “silencers” as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA.

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-7.pdf

7.4.6 Marking silencer parts. Some FFLs/SOTs assemble silencers, for subsequent sale, from parts
acquired from their contractors (NOTE: this activity is the “manufacture” of NFA firearms requiring the
assembler and the contractor to qualify as manufacturers under the GCA and the NFA). Under these
circumstances, ATF takes the position that contractors are not required to place identifying markings on
silencer parts. They may, however, place an assembler’s markings on these parts if the assembler so
desires. It should also be noted that these contractors are not required to register the parts they produce
by filing Forms 2, nor are they required to obtain approved Forms 3 to transfer the parts to assemblers.

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf - page 16:

Also included within the silencer definition is any part intended only for use in the assembly or fabrication of a firearm silencer.

Any of the above illustrated components meet the definition of a firearm silencer and are subject to the NFA. NOTE: the language in the definition of silencer contains no provisions that permit an owner of a registered silencer to possess spare or replacement components for the silencer. However, licensed manufacturers who are SOTs may possess spare silencer components in conjunction with their manufacturing operations.

 

[Ranb]

I would think that as long as they weren't contracted to actually build the supressor, it's probably OK. Without a housing, the baffles are nothing more than oddly shaped funnels. I mean, you could do one of those online CAD programs and have most any small parts built and delivered without ever setting foot in a machine shop or actually talking to anyone.

Without a housing, baffles are still silencer parts as long as they are intended for use in a silencer. This is what the law says.

http://www.atf.gov/firearms/guides/importation-verification/firearms-verification-nfa-silencer.html

For the purposes of the National Firearms Act the term Silencer is defined in 18 U.S.C. § 921(a)(24)

The term “Firearm Silencer” or “Firearm Muffler” means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler, any part intended only for use in such assembly or fabrication.

If a person thinks they can partially machine parts that are intended for use with a silencer without a license or ATF form 1, they are on thin ice to say the least. While it is acceptable to help a licensee or form 1 maker with the machining, any person who is not authorized by the BATFE to make silencer parts better not be in control of them at all.

Ranb

 

[Gato Montés]

Not to derail the thread, but do these restrictions on who does the work carry over to SBR's and SBS's as well?

 

[Ranb]

(6) The term "short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification,or otherwise) if such weapon as modified has an overall length of less than twenty-six inches.

Merely owning parts that can be used to build an SBS or SBR is legal, as far as I know. This is federal law, some states ban parts solely intended for SBS/SBR. WA does with certain exceptions.

As far as I know it is legal to convert a pistol to a rifle and back again without paying the $200 tax. But you can't convert a firearm that was originally a rifle to a pistol without paying the $200 tax.

http://www.freerepublic.com/focus/f-news/2759762/posts The www.atf.gov website is down right now, so I am unable to post the 2011-4 ruling.

Ranb

 

[Gato Montés]

EDIT: Never mind, thanks for the info.

 

[Ranb]

Since a 10/22 carbine barrel can also fit on a Striker pistol action, it would not be only an SBR part. Should be legal to have someone else do it for you.

Ranb