Eform 1 denial

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gds
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Re: Eform 1 denial

Post by gds » Sun Apr 17, 2022 12:17 pm

GSO wrote:
Sat Apr 16, 2022 2:30 pm
It seems a bit more clear (at least to me) now that ATF final rule 2021R-05F, Definition of “Frame or Receiver” and Identification of Firearms has been published on 11 April 2022. Reading through it (no small task....okay, maybe skimming instead of reading), it appears that the intent is for the parts (in the case of suppressors, the tube) that can be "readily made into a firearm" are treated as a firearm and serialized. For 80% receivers, this would be the receiver itself. For suppressors, the tube that holds the baffles is considered the critical part as described in the new rule. As pointed out, there are lots of tubes that "could" be made into a silencer, but not without baffles. If a tube were specifically sized to take a certain set of baffles (perhaps as a kit), then the tube would be a "silencer" when purchased. In this case, I would think it could then be Form 4'ed instead of Form 1'ed. It seems like an attempt to make things more "clear" when differentiating between manufacturing and purchasing, but oftentimes regulations or legislation has the opposite affect of the intent. Speaking of intent, I think that is important for the ATF in deciding if a piece of pipe or metal tube 'is' or 'is not' a silencer. If a baffle stack is in proximity (or if you have an oil filter with a hole in it and a solvent trap threaded insert), then it is reasonable to assume intent. In either case, it appears that the thinking is that one is not making (or manufacturing" a firearm/silencer, you are purchasing it and the Form 4 would be the correct/legal way to do it. However, this would force the seller to become an SOT which would certainly impact availability.

Please note: I am not saying that I agree or disagree with any of this. It is my attempt to explain what I see as the handwriting on the wall. I could be wildly wrong in my speculation.
You may be correct. However I won't say any of it is even remotely "clear". Especially since I have sent multiple emails to a new dedicated form1 silencer specific ATF email address. With the responses to be completely lacking in anything even close to an answer to my questions or an explanation on how to not be denied upon another attempt at filing form 1s again.

I will find out eventually, since I tried again and answered the new questions now asked while filing the form 1.

The whole process and interpretation the ATF has decided on is ignorant and stupid. Shows a complete lack of anything even remotely close to common sense.
Yes, I am a Baptist, and yes I carry a gun. You might think I carry a gun because I don't trust God. Well you would be wrong. I have complete faith in my Lord. It is mankind I have no trust in

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GSO
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Re: Eform 1 denial

Post by GSO » Mon Apr 18, 2022 9:37 am

gds wrote:
Sun Apr 17, 2022 12:17 pm

You may be correct. However I won't say any of it is even remotely "clear". Especially since I have sent multiple emails to a new dedicated form1 silencer specific ATF email address. With the responses to be completely lacking in anything even close to an answer to my questions or an explanation on how to not be denied upon another attempt at filing form 1s again.

I will find out eventually, since I tried again and answered the new questions now asked while filing the form 1.

The whole process and interpretation the ATF has decided on is ignorant and stupid. Shows a complete lack of anything even remotely close to common sense.
1. I did say that effect is often opposite of intent (make things clear). Every update to Form 4473 for transfer of firearms (GCA or NFA) includes re-whickering of the questions about status as a "resident alien." (The one that you leave blank if you answer "no" to the previous question. Every revision makes some parts of the questions more clear but other parts miss the mark and people still struggle to not check the "no" box if it is "N/A." (there used to be an "n/a" box)

2. Common sense really isn't that common these days.

EDIT: I should also commend you for the courage to Form 1 a silencer/sound suppressor. I suppose I could do such with a kit, but otherwise don't have the equipment or skills. I have done a number of Form 1 SBR's, but with the AR platform, it's really gun "plumbing" as opposed to smithing. I can also stick, MIG, and flux-core weld, but certainly can't handle the machining necessary to fabricate a silencer.
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Re: Eform 1 denial

Post by rebel » Tue Jun 07, 2022 9:25 pm

The ATF was designed to enforce the law not create the law. That is the Congress's job. We are just screwed right now and will be on multiple levels for a while. Best just do your thing and stay under the radar. None of their damn business anyway.
You can't beat the mountain, pilgrim. Mountains got its own way.

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