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Posted: 4/28/2015 1:56:04 AM EDT
Bought stripped receiver a couple of months ago. Got my trust set up with NW Gun Law Group. Asked him about form 1s and he said he wouldn't risk it. I told him that form 1s are being approved to which he replied: "just because a minimum wage worker signs off on it doesn't make it legal". Okay... And that's where I ended the conversation. I wasn't going to argue with a lawyer.

Blah. So I'm feeling greatly discouraged. I don't want to file a form 1 and have it come back to bit me in the butt. And would the ATF be liable for signing off on things that are illegal?

And it seems like if there was substantial risk, gun manufacturers, like Rainier Arms wouldn't build SBRs if they think there is a chance they are illegal. Just a thought.

The way the law reads...manufacturing was left out of #2 which makes alot of people say it is illegal to make your own. But "buying" was left out of #2 as well and clearly that is legal. #2 says you can acquire an SBR, but it doesn't specify how. And my interpretation is that #2 is more for ensuring that we abide by federal law while acquiring, transporting...etc.

(1) Except as otherwise provided in this section, it is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
(2) It is not unlawful for a person to possess, transport, acquire, or transfer a short-barreled rifle that is legally registered and possessed, transported, acquired, or transferred in accordance with federal law.


Does anyone have any updates on the issue? Form 1s still being approved? Should I just go ahead and do it or should I follow the lawyer's advice?
Link Posted: 4/28/2015 3:00:15 AM EDT
[#1]
If you have an approved tax stamp in one hand and an SBR in the other, nobody is going to say jack shit about it. The mental masturbation over this topic astounds me.
Link Posted: 4/28/2015 7:55:13 AM EDT
[#2]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


If you have an approved tax stamp in one hand and an SBR in the other, nobody is going to say jack shit about it. The mental masturbation over this topic astounds me.
View Quote

^This.





In addition, the form 1 is to "make" a firearm.  Not "manufacture".



 

Link Posted: 4/28/2015 12:02:21 PM EDT
[#3]
Just form 1 the thing, I put in my first one on new years day and 37 days later I had my stamp in hand, couldn't be happier.
Link Posted: 4/28/2015 1:06:58 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The mental masturbation over this topic astounds me.
View Quote


The best statement on the topic yet.
Link Posted: 4/28/2015 5:55:22 PM EDT
[#5]
You are acquiring a firearm on the ATF form 1.  100% legal in WA now.  The lawyer you talked to is not worth listening to.

Randy
Link Posted: 4/29/2015 1:28:16 AM EDT
[#6]
Mental masturbation. lol

I understand the defs of make and manufacture are different, but neither of them are in the language of the bill. Same difference, but I guess I shouldn't swap em.
The fact that they are getting approved makes believe that the okay came down from the AG but there was no formal announcement.
This is what happens when politicians make laws about stuff they don't fully understand.

Got a Mega billet to make a 9" 300 BLK. Plan on getting an SLR rifleworks rail for the continuous rail to suppressor look.
Link Posted: 5/1/2015 2:01:18 AM EDT
[#7]
You talked to Keith I bet. Between him and Dennis he's the more conservative of the two when it comes to taking any kind of risks or anything that isn't plainly black and white.
He could be right or he could be wrong. There's a reason why lawyers argue amongst themselves.
Link Posted: 5/1/2015 5:33:22 PM EDT
[#8]
I thought sbr's were legal now, was going to use nwlawgroup for my trust but if they can't figure out basic sbr shit whats the point?
Link Posted: 5/1/2015 6:39:04 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought sbr's were legal now, was going to use nwlawgroup for my trust but if they can't figure out basic sbr shit whats the point?
View Quote


I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.
Link Posted: 5/1/2015 8:44:08 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I thought sbr's were legal now, was going to use nwlawgroup for my trust but if they can't figure out basic sbr shit whats the point?


I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.

you can opt to pay $125 and get that trust with any name you want, i did that and used something short because my name is long enough without tacking "Gundocx Trust" on the end

but when i emailed inquiring about upgrading to a Silver or Gold the replies were curt and in no way helpful just like the reply the OP got
Link Posted: 5/1/2015 11:14:38 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


The best statement on the topic yet.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
The mental masturbation over this topic astounds me.


The best statement on the topic yet.


I admit, I laughed pretty good.

I got 2 of my good friends set up with trusts. One went to Silencerco, one went to Silencer Shop. Both are fairly simple "fill in the blank" and let you pick your name, add trustees, etc. Wish it was available 5 years ago when I did mine.
Link Posted: 5/2/2015 3:15:06 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I thought sbr's were legal now, was going to use nwlawgroup for my trust but if they can't figure out basic sbr shit whats the point?


I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.

Good to know...thx dude
Link Posted: 5/2/2015 10:51:29 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:I would not recommend their $99 trust for SBR anyway.  You can't change the name and it's your full legal name + DocX GunTrust which all has to be engraved on the SBR.  No thanks.
View Quote


Not really, just edit the PDF. There are plenty of ways to do it.
Link Posted: 5/3/2015 12:31:00 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I thought sbr's were legal now, was going to use nwlawgroup for my trust but if they can't figure out basic sbr shit whats the point?
View Quote



SBRs are legal, however the state says manufacture is illegal except for export, yet the feds also have the word make, and unless there's an AG opinion or a court case it's kind of impossible to know for sure what definition the state will use. Acquire could also mean to make. Make isn't necessarily the same as manufacture.
Link Posted: 5/3/2015 11:12:31 AM EDT
[#15]
Yes, people are mixing State and Federal terms and definitions.
Link Posted: 5/6/2015 12:47:32 AM EDT
[#16]
I think it has less to do with them and more to do with the fact that any lawyer does not know for sure. They don't want to say anything that could get you into hot water with the law. Their trusts do work though. I went for the silver edition for 400 bucks. A bit pricey for the purpose of just doing SBRs and suppressors in my opinion. But It also covers beneficiaries and co-trustee agreements. Really comprehensive and worth the money if you are looking for a little something extra. And you can get a form 4 done with these trusts so they do work. Its just that the form 1 is a little controversial.
Link Posted: 5/6/2015 1:12:10 AM EDT
[#17]
only 'controversial' if you make the SBR inside the borders of Washington...
Link Posted: 5/6/2015 2:58:43 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
only 'controversial' if you make the SBR inside the borders of Washington...
View Quote


See, that's where it gets weird. What constitutes "make?"

The title of the Form 1 is "Application to make and register a firearm."

Technically, as soon as the ATF approves your Form 1, even before you're notified of the approval, the gun you submitted on the Form 1 *is* an SBR as far as the ATF is concerned. Otherwise you'd have to notify them when you actually put the shorter barrel on the weapon.

So, did getting an approved Form 1 "make" an AR15 an SBR even though it still has a 20" upper on it?

If the answer is yes, swapping the upper is just changing accessories on the weapon, because the receiver is the "gun" and short-barrel uppers are regulated by anything.

I would think that would be the case with swapping in a short barrel onto something that isn't quite as modular. The receiver is the "SBR" the barrel is just an accessory.

Not a lawyer, YMMV.
Link Posted: 5/6/2015 11:23:31 PM EDT
[#19]
I know this doesn't address all of the possible questions, but ATF is very clear on what constitutes manufacturing and therefore requires a manufacturer's license versus what does not constitute manufacturing. I haven't checked to see if the state relies on ATF's definitions or if WA publishes its separate definitions.


Take a look ate #7 in the Q&A posted on ATF's website as I think this is where ATF sees people applying to make an SBR via an F1 fall, and the reason why they are approving them. Personal use versus for sale also seems to be a discriminator. I wish it were more clear cut in the new WA law, but it is what we were given. https://www.atf.gov/firearms/faq/manufacturers.html  


Q: May a person engage in gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as "manufacturers” of firearms?


Generally, a person engaged in gunsmithing requires only a dealer’s license (type 01). There are circumstances in which a gunsmith might require a manufacturing license. Generally, a person should obtain a license as a manufacturer of firearms if the person is: 1. performing operations which create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them, making the changes, and then reselling them), 2. is performing the operations as a regular course of business or trade, and 3. is performing the operations for the purpose of sale or distribution of the firearms.


Below are examples of operations performed on firearms and guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax. Any questions concerning the payment of excise tax should be directed to the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury.


1.A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms. The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.





2.A company produces frames or receivers for another company that assembles and sells the firearms. Both companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.





3.A company provides frames to a subcontractor company that performs machining operations on the frames and returns the frames to the original company which assembles and sells the completed firearms. Both companies are engaged in the business of manufacturing firearms and should be licensed as manufacturers of firearms.





4.A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms. Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. The company that assembles and sells the firearms should be licensed as a manufacturer of firearms.





5.A company receives firearm frames from individual customers, attaches stocks and barrels and returns the firearms to the customers for the customers' personal use. The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.





6.A company acquires one receiver, assembles one firearm, and sells the firearm. The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.





7. An individual acquires frames or receivers and assembles firearms for his personal use, not for sale or distribution. The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.


8.A gunsmith regularly buys military type firearms, Mausers etc., and â??sporterizesâ? them for resale. The gunsmith is in the business of manufacturing firearms and should be licensed as a manufacturer.





9.A gunsmith buys semiautomatic pistols or revolvers and modifies the slides to accept new Style f sights. The sights are not usually sold with these firearms and do not attach to the existing mounting openings. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms and the gunsmith should be licensed as a manufacturer.





10.A gunsmith buys government model pistols and installs â??drop-inâ? precision trigger parts or other â??drop-in partsâ? for the purpose of resale. This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms and selling them. The gunsmith should be licensed as a manufacturer.





11.A gunsmith buys surplus military rifles, bends the bolts to accept a scope, and then drills the receivers for a scope base. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms and the gunsmith should be licensed as a manufacturer.





12.A gunsmith buys surplus military rifles or pistols and removes the stocks, adds new stocks or pistol grips, cleans the firearms, then sends the firearms to a separate contractor for bluing. These firearms are then sold to the public. This would be considered manufacturing of firearms and the gunsmith should be licensed as a manufacturer.





13.A company purchases surplus firearms, cleans the firearms then offers them for sale to the public. The company does not need to be licensed as a manufacturer.


Link Posted: 5/7/2015 1:58:31 AM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I know this doesn't address all of the possible questions, but ATF is very clear on what constitutes manufacturing and therefore requires a manufacturer's license versus what does not constitute manufacturing. I haven't checked to see if the state relies on ATF's definitions or if WA publishes its separate definitions.

Take a look ate #7 in the Q&A posted on ATF's website as I think this is where ATF sees people applying to make an SBR via an F1 fall, and the reason why they are approving them. Personal use versus for sale also seems to be a discriminator. I wish it were more clear cut in the new WA law, but it is what we were given. https://www.atf.gov/firearms/faq/manufacturers.html  

Q: May a person engage in gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as "manufacturers” of firearms?

Generally, a person engaged in gunsmithing requires only a dealer’s license (type 01). There are circumstances in which a gunsmith might require a manufacturing license. Generally, a person should obtain a license as a manufacturer of firearms if the person is: 1. performing operations which create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them, making the changes, and then reselling them), 2. is performing the operations as a regular course of business or trade, and 3. is performing the operations for the purpose of sale or distribution of the firearms.

Below are examples of operations performed on firearms and guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax. Any questions concerning the payment of excise tax should be directed to the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury.

1.A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms. The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.



2.A company produces frames or receivers for another company that assembles and sells the firearms. Both companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.



3.A company provides frames to a subcontractor company that performs machining operations on the frames and returns the frames to the original company which assembles and sells the completed firearms. Both companies are engaged in the business of manufacturing firearms and should be licensed as manufacturers of firearms.



4.A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms. Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. The company that assembles and sells the firearms should be licensed as a manufacturer of firearms.



5.A company receives firearm frames from individual customers, attaches stocks and barrels and returns the firearms to the customers for the customers' personal use. The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.



6.A company acquires one receiver, assembles one firearm, and sells the firearm. The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.



7. An individual acquires frames or receivers and assembles firearms for his personal use, not for sale or distribution. The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.

8.A gunsmith regularly buys military type firearms, Mausers etc., and â??sporterizesâ? them for resale. The gunsmith is in the business of manufacturing firearms and should be licensed as a manufacturer.



9.A gunsmith buys semiautomatic pistols or revolvers and modifies the slides to accept new Style f sights. The sights are not usually sold with these firearms and do not attach to the existing mounting openings. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms and the gunsmith should be licensed as a manufacturer.



10.A gunsmith buys government model pistols and installs â??drop-inâ? precision trigger parts or other â??drop-in partsâ? for the purpose of resale. This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms and selling them. The gunsmith should be licensed as a manufacturer.



11.A gunsmith buys surplus military rifles, bends the bolts to accept a scope, and then drills the receivers for a scope base. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms and the gunsmith should be licensed as a manufacturer.



12.A gunsmith buys surplus military rifles or pistols and removes the stocks, adds new stocks or pistol grips, cleans the firearms, then sends the firearms to a separate contractor for bluing. These firearms are then sold to the public. This would be considered manufacturing of firearms and the gunsmith should be licensed as a manufacturer.



13.A company purchases surplus firearms, cleans the firearms then offers them for sale to the public. The company does not need to be licensed as a manufacturer.

View Quote


Well, I'm definitely not intending to manufacture SBRs so I don't fall into that category. But my question still stands...why would a gun manufacture take the risk of manufacturing SBRs if there was any grey area if they were legal are not? Just food for thought.

Also, the more I read #2 of the law, it allows a person to possess an SBR with in the confines of federal law (form 1 or form 4).

But, I'm still hesitant.
Link Posted: 5/8/2015 1:33:27 AM EDT
[#21]
straight from the NFA handbook (yes, I know it isn't LAW...but it is a peek inside the mind of the ATF)....

The approval of the Form 1 application authorizes the applicant to make the firearm.
View Quote


To make....which is different from saying that the approved form 1 instantly makes your gun an NFA item. The thing is registered, and making is approved, but it still has to BE made. This makes sense, because you could be making the thing from scratch. You might not have a single part. A guy with the skill could make an entirely new gun...and you can't really say a gun has been 'made' just because he received a form because there is literally nothing to it yet. To avoid having conflicting moments when the thing is 'made', it would appear that they consider SBRs to be 'made' when they technically reach the definition of that type of firearm. Moving on...

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.
View Quote


None of which contradicts the above....still good here...

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.
View Quote


This is the really good part...and it explicitly states that Form 1 approval does not equal making (or 'creating'). So, get your stamp, get an approved 5320.20, get your parts, go to a friends house across the river, get help 'making' your SBR in another state, then bring it back. You will have dotted every i and crossed every t that can be dotted/crossed under the current law. Truthfully, your chances of getting pinched for just making it in WA is probably close to nil. Make it it another state and it's as close to zero as it's ever going to get. WA has no jurisdiction over what you do in OR or ID...and you've followed a federally-approved method of 'acquiring' and then 'transporting'. Problem, if there ever was one, solved.
Link Posted: 5/8/2015 11:28:01 PM EDT
[#22]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well, I'm definitely not intending to manufacture SBRs so I don't fall into that category. But my question still stands...why would a gun manufacture take the risk of manufacturing SBRs if there was any grey area if they were legal are not? Just food for thought.



Also, the more I read #2 of the law, it allows a person to possess an SBR with in the confines of federal law (form 1 or form 4).



But, I'm still hesitant.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

I know this doesn't address all of the possible questions, but ATF is very clear on what constitutes manufacturing and therefore requires a manufacturer's license versus what does not constitute manufacturing. I haven't checked to see if the state relies on ATF's definitions or if WA publishes its separate definitions.



Take a look ate #7 in the Q&A posted on ATF's website as I think this is where ATF sees people applying to make an SBR via an F1 fall, and the reason why they are approving them. Personal use versus for sale also seems to be a discriminator. I wish it were more clear cut in the new WA law, but it is what we were given. https://www.atf.gov/firearms/faq/manufacturers.html  



Q: May a person engage in gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as "manufacturers” of firearms?



Generally, a person engaged in gunsmithing requires only a dealer’s license (type 01). There are circumstances in which a gunsmith might require a manufacturing license. Generally, a person should obtain a license as a manufacturer of firearms if the person is: 1. performing operations which create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them, making the changes, and then reselling them), 2. is performing the operations as a regular course of business or trade, and 3. is performing the operations for the purpose of sale or distribution of the firearms.



Below are examples of operations performed on firearms and guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax. Any questions concerning the payment of excise tax should be directed to the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury.



Snip..

7. An individual acquires frames or receivers and assembles firearms for his personal use, not for sale or distribution. The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.



Snip...







Well, I'm definitely not intending to manufacture SBRs so I don't fall into that category. But my question still stands...why would a gun manufacture take the risk of manufacturing SBRs if there was any grey area if they were legal are not? Just food for thought.



Also, the more I read #2 of the law, it allows a person to possess an SBR with in the confines of federal law (form 1 or form 4).



But, I'm still hesitant.
See #7 above b

 
Link Posted: 5/27/2015 11:54:11 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
straight from the NFA handbook (yes, I know it isn't LAW...but it is a peek inside the mind of the ATF)....



To make....which is different from saying that the approved form 1 instantly makes your gun an NFA item. The thing is registered, and making is approved, but it still has to BE made. This makes sense, because you could be making the thing from scratch. You might not have a single part. A guy with the skill could make an entirely new gun...and you can't really say a gun has been 'made' just because he received a form because there is literally nothing to it yet. To avoid having conflicting moments when the thing is 'made', it would appear that they consider SBRs to be 'made' when they technically reach the definition of that type of firearm. Moving on...



None of which contradicts the above....still good here...



This is the really good part...and it explicitly states that Form 1 approval does not equal making (or 'creating'). So, get your stamp, get an approved 5320.20, get your parts, go to a friends house across the river, get help 'making' your SBR in another state, then bring it back. You will have dotted every i and crossed every t that can be dotted/crossed under the current law. Truthfully, your chances of getting pinched for just making it in WA is probably close to nil. Make it it another state and it's as close to zero as it's ever going to get. WA has no jurisdiction over what you do in OR or ID...and you've followed a federally-approved method of 'acquiring' and then 'transporting'. Problem, if there ever was one, solved.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
straight from the NFA handbook (yes, I know it isn't LAW...but it is a peek inside the mind of the ATF)....

The approval of the Form 1 application authorizes the applicant to make the firearm.


To make....which is different from saying that the approved form 1 instantly makes your gun an NFA item. The thing is registered, and making is approved, but it still has to BE made. This makes sense, because you could be making the thing from scratch. You might not have a single part. A guy with the skill could make an entirely new gun...and you can't really say a gun has been 'made' just because he received a form because there is literally nothing to it yet. To avoid having conflicting moments when the thing is 'made', it would appear that they consider SBRs to be 'made' when they technically reach the definition of that type of firearm. Moving on...

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.


None of which contradicts the above....still good here...

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.


This is the really good part...and it explicitly states that Form 1 approval does not equal making (or 'creating'). So, get your stamp, get an approved 5320.20, get your parts, go to a friends house across the river, get help 'making' your SBR in another state, then bring it back. You will have dotted every i and crossed every t that can be dotted/crossed under the current law. Truthfully, your chances of getting pinched for just making it in WA is probably close to nil. Make it it another state and it's as close to zero as it's ever going to get. WA has no jurisdiction over what you do in OR or ID...and you've followed a federally-approved method of 'acquiring' and then 'transporting'. Problem, if there ever was one, solved.


How do I prove that I took it across state lines and built it in OR or ID? Also, does this affect the city/state that I engrave on the receiver?
Link Posted: 5/28/2015 12:32:36 AM EDT
[#24]
Yea, and now the ATF is denying the Form 1s. got mine back tonight denied because to put the buttstock on is manufacturing and no can do in wa state.

\my head hurts!
Link Posted: 5/28/2015 12:35:56 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:How do I prove that I took it across state lines and built it in OR or ID? Also, does this affect the city/state that I engrave on the receiver?
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The onus would be on them to prove that you didn't I would think...but if you really felt like it, you could take some pics of the process with geo-location turned on on your phone, I suppose.

As far as receiver engraving, various ATF types have told people to put the same city/state as they used on the F1.....but the actual regs say that the city/state where the SBR was MADE should be engraved. I'm a paranoid SOB, so I just did both. They allow TINY engraving. Take advantage.
Link Posted: 6/8/2015 12:50:32 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yea, and now the ATF is denying the Form 1s. got mine back tonight denied because to put the buttstock on is manufacturing and no can do in wa state.

\my head hurts!
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Ah crap, seriously? So dumb.
Link Posted: 6/12/2015 3:41:15 AM EDT
[#27]
Some info regarding the issue:

Quoted:
So here is what I got from Brian Blake, the original sponsor of the bill.

A staff member at the DOL had a conversation with the ATF a few weeks back and the discussion centered on SB 5956, and lack of clarity and confusion about manufacturing SBR's.  This person is not a policy maker, but apparently the ATF person may have taken it that way.   The head of Washington DOL Firearms Division will be contacting the ATF to let them know that the conversation was not with a representative allowed to direct policy on behalf of Washington State.

The AG's office has not made any official statements on the bill at this time.

Also, the DOL did not advise the ATF to not approve the forms, nor did the AG's office.  The DOL's position is that it isn't their position to interpret the laws, and that it is up to the ATF to make their own interpretation.

<snip>

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So, it appears that some DOL staffer decided to be more important than they are, & the result is yet another "interpretation" decision.  Hopefully, the DOL head will come through & get things sorted out with ATF TB.

Yet another example of why I despise the administrative authority to make legal interpretations.  That power should be restricted to the courts & perhaps the AG.

ETA, looks like the language in the 2nd part of the bill doesn't include mfging, so the legislature may have created this mess.
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