Posted: 9/30/2016 8:14:40 PM EDT
[#13]
Quote History Quoted:
That is not the issue. The issue is the form 1 address is in Idaho, and you want it shipped to Virginia, but your ID is from Alabama.
You'll be hard pressed to find a dealer willing to ship a request like that. Just like a DIAS outside of its host is considered a machine gun/NFA, so is a registered long gun barreled action with a 10" barrel even if it's not assembled.
I will be happy ship it to the address on the Form 1, or the address on a 5320.20, as is tomorrow morning.
Sorry for the hassle, but covering my ass is more important than 1 customers happiness. I'm still hoping we can work something out here.
According to the ATF I should not be receiving NFA items without a 5320.20
Section 6.4
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. If the location is outside the applicant’s State and the firearm being made is a short barreled
rifle, short barreled shotgun, destructive device, or an unserviceable machinegun which is being reactivated, the applicant will also need to request permission to transport the firearm interstate as required by 27 CFR 478.28.
Lots of interesting info at the link below
https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-6/download View Quote View All Quotes View All Quotes Quote History Quoted:
That is not the issue. The issue is the form 1 address is in Idaho, and you want it shipped to Virginia, but your ID is from Alabama.
You'll be hard pressed to find a dealer willing to ship a request like that. Just like a DIAS outside of its host is considered a machine gun/NFA, so is a registered long gun barreled action with a 10" barrel even if it's not assembled.
I will be happy ship it to the address on the Form 1, or the address on a 5320.20, as is tomorrow morning.
Sorry for the hassle, but covering my ass is more important than 1 customers happiness. I'm still hoping we can work something out here.
According to the ATF I should not be receiving NFA items without a 5320.20
Section 6.4
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. If the location is outside the applicant’s State and the firearm being made is a short barreled
rifle, short barreled shotgun, destructive device, or an unserviceable machinegun which is being reactivated, the applicant will also need to request permission to transport the firearm interstate as required by 27 CFR 478.28.
Lots of interesting info at the link below
https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-6/download
It's not an SBR in the configuration you have in hand. Period. I've written steve and notified him of that.
1. I'll push a 3520.20 to him with the updated address...in 4 weeks when I receive it from the ATF (even though it's still not a constructed SBR) or
2: I'll have my lawyer contact ADCO on monday and request the BATFE field office, that I spoke with in Norfolk VA today, forward a memo indicated that what you have in hand is NOT an SBR. Both entities relayed the same to me today. A barreled action is in no way, shape or form...an SBR. If your argument stood...every stripped lower receiver, sold mostly as rifles, would fall under the same context. Engraving...would require a Form 1/3520.20 as proof.
3. The address in Idaho is now a rental property, as I'm an active duty military member and received orders to move, and now rented by a Saudi National. I don't recommend sending it there.
4. Steve indicated THIS WAS THE FIRST AND ONLY barreled action they've worked on for SBR purposes.
5. Steve sends me a picture of the completed work...and then asks me for a Form 1/3520.20
I'm trying to do the right thing...but the CUSTOMER should not have to unfuck this situation for a prominent gunsmith. I'm being told by the BATFE field office that I must update the registry with the current address, before I...assemble the weapon into an SBR. Remember, this was still a Title 1 firearm when I got to VA and right now, according to the BATFE, is a fancy shorten, dimpled...club.
You guys have done great work for me in the past but the customer is at a loss on this one.
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