Suppressors, solvent traps, and legal traps

Posted on June 3, 2014 by John Pierce

Solvent_Trap_Adapter2I was recently contacted by a client who was considering purchasing a threaded ‘solvent trap’ adapter and using it as the basis for a Form 1 build of a suppressor.

For those unfamiliar with a ‘solvent trap’ adapter, it is an adapter that allows an oil filter to be threaded on one end and the other end will fit a threaded barrel.

As sold the purpose is to facilitate barrel cleaning but with a small degree of workmanship, a properly sized washer, and an oil filter they can be converted into a suppressor.

That is what my client was interested in doing.  He wanted to file a Form 1 and, upon approval, legally build an inexpensive suppressor.  However, before doing so he had several questions:

1)  Which component would comprises the actual ‘suppressor’ … the adapter or the tube?

2)  If the tube is the actual suppressor (or an integral part) then would he be able to change the oil filter as it began to wear?

3)  Which component would need to be serialized?

The ATF has addressed these questions before and a copy of the relevant portion of a guidance letter can be viewed below.  But the simple answers are:

1)  The adapter and the oil filter together make up the suppressor as an integrated whole

2)  While a licensed manufacturer could change out such a component, an individual or trust who made a suppressor on a Form 1 could not unless they registered a new suppressor on a new Form 1 and submitted an addition $200 tax.

3)  The adapter and the tube would share the same serial number.

Therefore, it would generally not be cost effective to plan on using a ‘solvent trap’ adapter as the basis of a Form 1 build since you would be stuck using a single oil filter for its entire service life.

However, if you really like the idea of using an oil filter as a suppressor then there is another alternative.

Cadiz Gun Works of Ohio, which is a licensed manufacturer, sells a completed version of this design known as the EconoCan.   And because they are a licensed manufacturer they can replace the oil filters as they become worn for a modest fee … $25 at the present time.

The relevant portion of the ATF guidance letter is as follows:

Solvent_Trap_letter

Posted in ATF, ATF Guidance Letters, BATFE, Form 1, Manufacturing, NFA Trusts | Comments Off on Suppressors, solvent traps, and legal traps

At what age may I make or acquire NFA items?

Posted on May 30, 2014 by John Pierce

This is a question that seems to arise at least once a week as I am speaking with clients and I think it would be beneficial to do a complete breakdown of the topic.

For purposes of our analysis we will discuss four ways that an applicant might acquire an NFA item:

1)  ‘Making’ an NFA item on a Form 1

2) Being the transferee of an NFA firearm from a licensed dealer on a Form 4

3) Being the transferee of an NFA firearm from a fellow collector on a Form 4

4) Being the transferee of an NFA firearm as an heir or as a beneficiary of a trust on a Form 5.

Let’s start our analysis of each of these applications by noting that the controlling law is pretty straightforward.

– The NFA is silent as to age.

– The GCA limits sales by dealers of NFA items to those 21 and older.  See 18 USC 922(b).

So … under our scenarios above:

An applicant who is at least 18 years of age may apply to make an NFA item on a Form 1.

An applicant who is at least 18 years of age may apply to have an NFA firearm transferred to them from another collector on a Form 4.

An applicant who is at least 18 years of age may apply to have an NFA firearm transferred to them as an heir or beneficiary on a Form 5.

In fact, the only method of acquisition that is prohibited to those under the age of 21 is the transfer of an NFA item from a licensed dealer.

In a guidance letter to  young man in Florida, the ATF confirms this interpretation of the GCA and the NFA.

ATF_Letter_18_Years

Disclaimer:  This information is presented for educational purposes only and does not give rise to an attorney-client relationship. Additionally, I am licensed to practice law in the Commonwealth of Virginia and this answer may not be appropriate for other states. You should always consult an attorney licensed to practice law in your state who is familiar with NFA trust planning before making decisions about your own estate plan.

Posted in Age To Possess, ATF, ATF Guidance Letters, BATFE, Form 1, Form 4, Form 5, NFA Trusts | Comments Off on At what age may I make or acquire NFA items?

Do I need to engrave an 80% receiver I am going to SBR?

Posted on May 25, 2014 by John Pierce

80_Percent_LowerThis is a question that was recently asked by one of my client.  The answer, as with most issues involving the NFA and ATF regulations, requires a slightly detailed answer.

First let’s talk about the general requirements for completing an 80% lower into a Title 1 firearm.  Unless your state has a requirement that is more stringent than federal law you do not legally need to engrave your 80% receiver when you complete it.

However … the ATF suggests that you “at least identify the firearm with a serial number as a safeguard in the event that the firearm is lost or stolen.”

In addition, the ATF requires that“if it is sold or otherwise lawfully transferred in the future … [it] should be identified as required in 27 CFR478.92.”

Given that requirement, I generally would suggest that those completing an 80% lower into a Title 1 firearm should complete the engraving process at the time of completion to maximize the future utility of their firearm.

If however the 80% lower is going to be the basis for an SBR then the lower does legally need to be engraved and I would suggest engraving it prior to submitting your Form 1.

Posted in 80% Lower, ATF, BATFE, Engraving, Form 1, Manufacturing, NFA Trusts, SBR, Short Barreled Rifles | Comments Off on Do I need to engrave an 80% receiver I am going to SBR?

Does the Mako magwell grip make an AR pistol into an AOW?

Posted on April 24, 2014 by John Pierce

MWG_fullOver the last several weeks I have been discussing accessories for the AR pistol platform and the NFA classification issues that arise when they are used.

I started by discussing the Sig Sauer pistol stabilizing brace and how its use does not render the resulting AR pistol an SBR even if it is used to shoulder fire the pistol.

UPDATE: The ATF has released a letter clarifying their position on the stabilizing brace issue and this statement is no longer coreect.  For the latest information, read my article discussing their open letter.

Based upon the emails I received in response to that article, I then discussed whether or not one could add a vertical fore-grip to an AR pistol without it being reclassified as an AOW.  For those who haven’t read that article the answer is “No … not unless the overall length of the AR pistol is greater than 26 inches.”

And that brings us to today’s topic.  Does the addition of a Mako magwell grip also make an AR pistol into an AOW?  The answer according to the ATF is “No.”

The following 2011 letter from the Firearms Technology Branch classifies the magwell grip as an ‘accessory’ and holds that its addition to an AR pistol does not change the pistol’s classification.

MWG_Letter

Posted in AOW, AR Pistols, ATF, BATFE, Firearms Technology Branch, Short Barreled Rifles | Comments Off on Does the Mako magwell grip make an AR pistol into an AOW?

ATF is promising to return eForms to service in “the short term”

Posted on April 17, 2014 by John Pierce

CheeringToday the ATF sent out a letter detailing their plans for eForms.  The good news is that they plan for eForms to return to service very quickly.

They took the time to explain why the existing eForms system became overwhelmed.  The key statistics were:

  • The number of registered eForms users has grown from 673 in 2013 to more than 10,000 today.
  • The number of eForms submitted has exceeded 50,000.
  • Since January 2014, approximately 50 percent of NFA applications have been submitted via eForms.

How are they planning to address the technical issues we were facing with eForms over the last few months?  According to the letter, “ATF has engaged world-class private sector companies to assist in enhancing eForms capacity and functionality to provide industry with the most efficient service possible.”

They propose to bring eForms back online piecemeal starting this week with Form 6 and 6A.  Forms 1, 2, 5, 9, 10, and 5300.11 will follow over the next several weeks with Forms 3 and 4 being reintroduced in “the short term.”

While we cannot be certain what “the short term” really means, it seems clear that the ATF is dedicated to returning eForms to service as quickly as possible.

The full letter is embedded below.

Download (PDF, 67KB)

 

Posted in ATF, BATFE, eForms, Form 1, Form 4, NFA Trusts, Processing Times | Comments Off on ATF is promising to return eForms to service in “the short term”