Hi All ...I am awaiting form 1 approval for my SBR .... It is a Colts Law Enforcemnt Carbine
5.56mm so marked on the lower... That is what went on the Form 1...I want to fit a 300 Blackout
upper ....any problems doing this ??? Legal or Not ??? Lower says 5.56mm and my upper will
be a 300 Blackout 10.2" bbl.
Thanks for your help....
Pete

No problem whatsoever.

In theory, if the ATF demands, you must be able to "return" the rifle to it's as-filed configuration, but how are they ever going to do that?

Thank You Killer6b...!!!!!

It does need to have the correct caliber marked on it somewhere. Almost all barrels are marked though so it's typically a non issue.

 
Which is the "correct" caliber, the one that the upper is currently chambered in, or the caliber that is on the form that was specified that to be built on the Form 1?


 


Example, if I originally F1 and build an 11.5" 5.56mm SBR and I engrave the manufacturer info on the lower, but say I had a multi marked lower and used the 5.56mm marking on the barrel to satisfy that requirement. If I then switch it out to a 300 BO upper, is the 300 BO caliber engraving technically correct or does it still have to be marked 5.56mm since that was what was on the F1?

The one it is chambered in. The one on the form means nothing other than the gun needs to initially be configured according to what is on the form. After that it can be set up how ever.

 

There is no such requirement in the law or ATF regulations.

Don't get wrapped around the axle with the configuration.

Your Form 1 is an application to "manufacture" (assemble) an SBR in the caliber for which it (the barrel/upper) is chambered.  In theory, once you've built the approved configuration you can alter the configuration to whatever you like.  If you skip the first step of building the approved configuration, no one will know.

^^ this ^^ (with the one minor correction)

While make and manufacture may mean the same thing to us, manufacturing requires a whole different set of forms, taxes and licenses. That's why a Form 1 is titled: An Application to Make and Register a Firearm.

You also could just have your port door engraved with the caliber

No. For the same reason you can't engrave a removable trigger guard.

You're welcome to engrave any type of logo or whatever you want there, but not the required info.

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In theory, if the ATF demands, you must be able to "return" the rifle to it's as-filed configuration,

There is no such requirement in the law or ATF regulations.

So are you going to show where the law or regulations require this, or just make things up as you go along?

Agreed.

KILLERB6, please enlighten us and show us in the regs where it says "if the ATF demands, you must be able to "return" the rifle to it's as-filed configuration."

We all will be waiting. It will be a long wait, as your statement is untrue.

Update with clarification?

^^^
KILLERB6?

Back side of the Form 1 states:

"Important Information for Currently Registered Firearms

If this registration document evidences the current registration of the firearm described on it, please note the following information."

..."Change of Description or Address:   The registrant shall notify the NFA Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearms in item 4, or any change to the address of the registrant."

Its shall, not may.  Are they going to demand you go back to the original configuration?   Unlikely.  However, they could order you to submit a change letter.  Unless you were doing something really stupid, why would they care to investigate.

The Form 1 also says signatures must be in ink. EForms proves that's not true.

The Form 1 says to make the check payable to the Department of the Justice (sic). Then the instructions say made payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The 5320.20 form says signatures must be in ink and that facsimiles are not accepted. I have multiple 5320.20 forms approved that were faxed in.

Those 5320.20 forms list calibers and/or barrel/overall lengths that don't match a Form 1. They've all been approved, and no written notification to the ATF has ever been sent.

The forms are not the law. The statutes themselves are the law. The forms are simply the ATFs method of attempting to interpret and enforce them.

I'm not saying it's right or wrong, but it's been posted on here many times that the instruction quoted above is a poorly worded instruction to say the notification must be in writing if it's given. Simply that you can call them up and tell them...not that it's required to notify them.


So...again, somebody produces the statute that requires it. Until then, notify them or not, it doesn't matter. Doing so does no harm. I choose not to.

I'm not waiting as there is no such statute to wait for. Confirmed.

This "original configuration" BS started several years ago and never really went away. Maddening...

There is no legal requirement to notify ATF of changes nor to maintain the registered configuration whatsoever.

I don't think those that claim the "original configuration" will respond in this thread. They know they cannot provide a statute.