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Posted: 7/15/2014 10:24:31 PM EDT
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So I have a pending Form1 for an SBR. When I did the paperwork in March i wanted a 68 @12.5" barrel. Well I have since changed my mind and would like a different caliber and most likely a slightly different barrel length. I understand that once it is completed I could run pretty much whatever SBR upper I want on the lower but what if I no longer plan to even build a 68. Would I need to wait til my Form1 is approved then notify the ATF of the change? My understanding is that you would need to be able to return the gun to whatever is on the Form1 quickly. Dont really want to build a 68 upper to match my stamp at the moment but I could if its a pain in the ass.
Also I searched and am blind or it doesnt exist on how to change the configuration of a Form1. Would anyone be able to point me in the correct direction for this information? |
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Quoted:
My understanding is that you would need to be able to return the gun to whatever is on the Form1 quickly. Also I searched and am blind or it doesnt exist on how to change the configuration of a Form1. Would anyone be able to point me in the correct direction for this information? First if all...your understanding is incorrect. No requirement to return to original, whether quickly or slowly. You're supposed to initially build the rifle to match the specs on the Form 1. The ATF recommends you notify them in writing of any permanent change. Big gray area as to what qualifies as "permanent" on the AR platform. If you could find a 12.5" 6.8 upper local, you could meet the letter of the law by attaching that upper, then immediately removing it and putting on the upper if your choice. Maybe somebody in the TXHTF could help you out. Otherwise...I would think you would be OK sending a letter to ATF notifying them that due to availability of parts, you built the rifle as caliber/barrel/OAL instead, and would like the database updated. I wouldn't wait for approval to build it, just send the notification. (Probably send two copies in case they want to send one back). I know this has to happen all the time, but have never seen ATF's stance on how to handle it. I know I was a little confused over measuring my AR57 upper (it's monolithic, and barrel stops short of the end of the rail), so I filled out the form using a 12" 5.56 upper I had on an AR pistol...mounted it once then immediately swapped it out. The issue at hand is not whether you can return it to original specs, it's a matter of whether you commited perjury by lying on a government document. That's the reason I personally would send a letter in this case. Would you ever get caught, or would the ATF ever know you didn't put a 12.5" 6.8 on first? Or would the ATF even attempt to prosecute? Both are probably "no" answers, but it's not worth the risk. So...if it was me: 1. Wait for Form 1 approval 2. Drop letter in mail 3. Attach new upper |
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Quoted:
First if all...your understanding is incorrect. No requirement to return to original, whether quickly or slowly. You're supposed to initially build the rifle to match the specs on the Form 1. The ATF recommends you notify them in writing of any permanent change. Big gray area as to what qualifies as "permanent" on the AR platform. If you could find a 12.5" 6.8 upper local, you could meet the letter of the law by attaching that upper, then immediately removing it and putting on the upper if your choice. Maybe somebody in the TXHTF could help you out. Otherwise...I would think you would be OK sending a letter to ATF notifying them that due to availability of parts, you built the rifle as caliber/barrel/OAL instead, and would like the database updated. I wouldn't wait for approval to build it, just send the notification. (Probably send two copies in case they want to send one back). I know this has to happen all the time, but have never seen ATF's stance on how to handle it. I know I was a little confused over measuring my AR57 upper (it's monolithic, and barrel stops short of the end of the rail), so I filled out the form using a 12" 5.56 upper I had on an AR pistol...mounted it once then immediately swapped it out. The issue at hand is not whether you can return it to original specs, it's a matter of whether you commited perjury by lying on a government document. That's the reason I personally would send a letter in this case. Would you ever get caught, or would the ATF ever know you didn't put a 12.5" 6.8 on first? Or would the ATF even attempt to prosecute? Both are probably "no" answers, but it's not worth the risk. So...if it was me: 1. Wait for Form 1 approval 2. Drop letter in mail 3. Attach new upper Quoted:
Quoted:
My understanding is that you would need to be able to return the gun to whatever is on the Form1 quickly. Also I searched and am blind or it doesnt exist on how to change the configuration of a Form1. Would anyone be able to point me in the correct direction for this information? First if all...your understanding is incorrect. No requirement to return to original, whether quickly or slowly. You're supposed to initially build the rifle to match the specs on the Form 1. The ATF recommends you notify them in writing of any permanent change. Big gray area as to what qualifies as "permanent" on the AR platform. If you could find a 12.5" 6.8 upper local, you could meet the letter of the law by attaching that upper, then immediately removing it and putting on the upper if your choice. Maybe somebody in the TXHTF could help you out. Otherwise...I would think you would be OK sending a letter to ATF notifying them that due to availability of parts, you built the rifle as caliber/barrel/OAL instead, and would like the database updated. I wouldn't wait for approval to build it, just send the notification. (Probably send two copies in case they want to send one back). I know this has to happen all the time, but have never seen ATF's stance on how to handle it. I know I was a little confused over measuring my AR57 upper (it's monolithic, and barrel stops short of the end of the rail), so I filled out the form using a 12" 5.56 upper I had on an AR pistol...mounted it once then immediately swapped it out. The issue at hand is not whether you can return it to original specs, it's a matter of whether you commited perjury by lying on a government document. That's the reason I personally would send a letter in this case. Would you ever get caught, or would the ATF ever know you didn't put a 12.5" 6.8 on first? Or would the ATF even attempt to prosecute? Both are probably "no" answers, but it's not worth the risk. So...if it was me: 1. Wait for Form 1 approval 2. Drop letter in mail 3. Attach new upper This, and when you send in the letter, keep a copy of the letter you sent in case there is any question. It will probably take them awhile to respond but at least you have something indicating that you did notify them. |
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