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Posted: 6/25/2016 9:52:01 PM EDT
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I have read over and over it is always OK to go shorter but longer is a no go on your approved Form 1.
I was over on another forum and read the following: It's fine if you build it longer. A lot of people mistakenly believe that you cannot have it longer than what is on the form due to incorrectly inferring information that exists about lengthening during repairs (which is a no-go). That has nothing to do with building it the first time around. If it ends up longer when you build it then what is on the form, then call the NFA branch or write them a letter with the amended length, just like if it were shorter. Anyone have any thoughts to support or refute the above statement. We have a lot of smart people here - looking for input . . . please do not write the BATFE and ask 
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The shorter but not longer is not true. It does come from a FAQ/Q&A the ATF provided (it's currently not on ATF.gov), which says you can shorten the tube during a repair if needed to rethread. It has nothing to do with the original making of the can.
One of the guys here posted an email exchange with Gary @ ATF, and he plainly said length is a best guess, and if yours ends up a different length you can notify them in writing, whether that's longer or shorter. Here are two of the sources: Q2: May a Federal firearms licensee repair a silencer by replacing worn or damaged components? A: A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer. Repairs may not be done if they result in removal, obliteration, or alteration of the serial number, as this would violate 18 U.S.C. § 922(k). If a silencer part bearing the serial number, other than the outer tube, must be replaced, the new part must be marked with the same serial number as the replacement part. The term “repair” does not include replacement of the outer tube of the silencer. The outer tube is the largest single part of the silencer, the main structural component of the silencer, and is the part to which all other component parts are attached. The replacement of the outer tube is so significant an event that it amounts to the “making” of a new silencer. As such, the new silencer must be marked, registered and transferred in accordance with the NFA and GCA. In the event that identical replacement parts for a silencer are not available, new and different component parts may be used as long as the silencer retains the same dimensions and caliber. In addition, the repair may result in a minimal reduction in the length of the outer tube due to rethreading, but repair may not increase the length of the outer tube. Increasing the length of the outer tube significantly affects the performance of the silencer and results in the “making” of a new silencer. As stated above, a new silencer must be marked, registered and transferred in accordance with the NFA and GCA. Reducing the length of the tube by a minimal amount in order to repair a silencer is often necessary to replace damaged end caps, as the tube must be rethreaded. Such minimal reduction of the length of the tube uses all of the original parts, does not significantly affect performance of the silencer, and may be done as part of a repair process without making a new silencer. Persons other than qualified manufacturers may repair silencers, but replacement parts are “silencers” as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA. Q3: May the outer tube of a registered silencer be repaired due to damage? If so, may the repair be done by someone other than the original manufacturer? A: damaged outer tube may be repaired by any Federal firearms licensee qualified to perform gunsmithing or by the registered owner. The repair may not alter the dimensions or caliber of the silencer, except that the length of the outer tube may be reduced, as set forth above. The repair may not be performed if it results in the removal, obliteration, or alteration of the serial number, as this would violate 18 U.S.C. § 922(k). In that case, the silencer may be returned to the registered owner in its original, damaged condition or destroyed. A replacement silencer must be registered and transferred to the registrant of the damaged silencer in the same manner as a new silencer, subject to the registration and transfer procedures of the NFA and GCA. ...and here's the email (which also references the misinterpretation of the repair rule): 
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Quoted:
The shorter but not longer is not true. It does come from a FAQ/Q&A the ATF provided (it's currently not on ATF.gov), which says you can shorten the tube during a repair if needed to rethread. It has nothing to do with the original making of the can. One of the guys here posted an email exchange with Gary @ ATF, and he plainly said length is a best guess, and if yours ends up a different length you can notify them in writing, whether that's longer or shorter. Here are two of the sources: Q2: May a Federal firearms licensee repair a silencer by replacing worn or damaged components? A: A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer. Repairs may not be done if they result in removal, obliteration, or alteration of the serial number, as this would violate 18 U.S.C. § 922(k). If a silencer part bearing the serial number, other than the outer tube, must be replaced, the new part must be marked with the same serial number as the replacement part. The term “repair” does not include replacement of the outer tube of the silencer. The outer tube is the largest single part of the silencer, the main structural component of the silencer, and is the part to which all other component parts are attached. The replacement of the outer tube is so significant an event that it amounts to the “making” of a new silencer. As such, the new silencer must be marked, registered and transferred in accordance with the NFA and GCA. In the event that identical replacement parts for a silencer are not available, new and different component parts may be used as long as the silencer retains the same dimensions and caliber. In addition, the repair may result in a minimal reduction in the length of the outer tube due to rethreading, but repair may not increase the length of the outer tube. Increasing the length of the outer tube significantly affects the performance of the silencer and results in the “making” of a new silencer. As stated above, a new silencer must be marked, registered and transferred in accordance with the NFA and GCA. Reducing the length of the tube by a minimal amount in order to repair a silencer is often necessary to replace damaged end caps, as the tube must be rethreaded. Such minimal reduction of the length of the tube uses all of the original parts, does not significantly affect performance of the silencer, and may be done as part of a repair process without making a new silencer. Persons other than qualified manufacturers may repair silencers, but replacement parts are “silencers” as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA. Q3: May the outer tube of a registered silencer be repaired due to damage? If so, may the repair be done by someone other than the original manufacturer? A: damaged outer tube may be repaired by any Federal firearms licensee qualified to perform gunsmithing or by the registered owner. The repair may not alter the dimensions or caliber of the silencer, except that the length of the outer tube may be reduced, as set forth above. The repair may not be performed if it results in the removal, obliteration, or alteration of the serial number, as this would violate 18 U.S.C. § 922(k). In that case, the silencer may be returned to the registered owner in its original, damaged condition or destroyed. A replacement silencer must be registered and transferred to the registrant of the damaged silencer in the same manner as a new silencer, subject to the registration and transfer procedures of the NFA and GCA. ...and here's the email (which also references the misinterpretation of the repair rule): http://i751.photobucket.com/albums/xx151/thegreghorton/EFORMS/3D1351A4-95A2-4DE7-8B93-06B34B840644_zpssevowmnw.jpg For a little more clarity... Say you submit a Form 1 with a length of 9.0 inches but decide during construction that you'd prefer to go to 10.0 inches, before the suppressor is finished. The ATF will allow you to amend the form 1 to say that you've now finished the build and the actual length is 10.0 inches? Also, any idea on a time window between an approved Form 1 and when you can update with a finished length to keep them happy? I ask because I'm considering kicking one more Form 1 into the system but I'm not planning to actually build until I've saved funds back up, which may be a year or more due to the other form 1's I've already got in the system 
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Quoted:
For a little more clarity... Say you submit a Form 1 with a length of 9.0 inches but decide during construction that you'd prefer to go to 10.0 inches, before the suppressor is finished. The ATF will allow you to amend the form 1 to say that you've now finished the build and the actual length is 10.0 inches? Also, any idea on a time window between an approved Form 1 and when you can update with a finished length to keep them happy? I ask because I'm considering kicking one more Form 1 into the system but I'm not planning to actually build until I've saved funds back up, which may be a year or more due to the other form 1's I've already got in the system That's how I understand it. I'd just be clear if/when you notify that it's the only one built and it ended up being different specs due to materials or something. There's no time limit I know of. Same thing with asking for a refund after approval. You'd just have to certify that the change was done during the initial making. |
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One more thing, and I don't expect anyone knows, kind of a gray area or best guess.
Let's say your Form 1 is submitted at 8.0 inches and your build is completed at 8.1. Just a guess, it is probably close enough for Government, there is no way to know unless there is some guidance on tolerance. Certainly 8.5 does not equal 8.0, but 1/10 of an inch is awful close. You probably could go to Dollar General and find a Chinese ruler that measures 8.1 as 8.0 without much trouble. I think it is all based on intent, assuming everything else is proper, tax was paid, stamp issued, caliber correct, properly engraved, 8.1 equals 8.0. (probably GTG). Safest to notify BATFE is the answer but I do not think the above is unreasonable. If anyone knows of any formal guidance I would be happy to see it. |
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