Originally Posted By keith13b:
I can't register it as a 40mm then just swap barrels.
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Yes you can.
It's that easy.
If you travel somewhere (interstate) with it and you've got the 37mm barrel attached, no anti-personnel munitions present, and the 40mm barrel still at home then you
do not possess a DD at that time.
If it's got the 40mm barrel or anti-personnel munitions with it, then it's a DD.
Now what if the company flakes on the sale of the 40mm barrel? Do I contact the NFA and have the caliber changed to 37mm?
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I'd try to find a 40mm barrel somewhere else since the 37mm barrel won't have rifling (which is a disadvantage).
If you don't want it to be a 37mm DD then you can cancel your Form 1 and request a refund of the $200 tax.
Otherwise, yes just send NFA Branch a letter stating you're updating caliber to 37mm.
This wouldn't really come into play unless you later transfer it as a DD to someone else. (Then it needs to match what's on the form.)