Here are a couple of statements from folks I have found to be reliable, level headed guys. One is a Fed:
No surprise. This has been happening at other “form 1 suppressor kit” makers since 2019.
Given the statutory definition of what constitutes a “silencer” under 18 USC 921 (24) the whole idea of having even an “80%”. Suppressor parts kit without having a form 1 first is super gray / shaky.
(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
As you can see the definition of a silencer in terms of “any combination of parts” is much broader than with firearms.
Second Guy:
[i]
The P80 BBS kit was a newer product to the market, and it sounds like the BATFE had been gathering info on those kits (criminal uses and recoveries, build times and tools needed) since well prior to the election.
SB Tactical was an “any day now” situation. The 2018 BATFE letter notified SB Tactical that almost all of their products were being marketed and marked as “ATF Compliant” with no review or determination by the NFA branch/FATD that those products were compliant. I’ve heard statements from SB Tactical refuting that letter but I have seen no documentation released.
The scuttlebutt regarding DM was that the baffle parts were coming pre-center-punched or dimpled for drilling, which is a no-go for having anything firearms-related deemed “unmanufactured.” I’ve seen nothing that confirms that rumor. Might have been an issue with the kit being to close to “complete.”
Regardless of our feelings in the laws in question, it’s kind of a stretch for us to assume that a bureaucratic agency with different field offices and regional teams, as part of a larger bureaucratic department and in coordination with different state agencies and local task forces, would (or even could) plan these separate actions in short order as a response to an election.[/i]
Third Guy:
The guidance we received from the ATF regarding all those wish.com and Amazon.com “fuel filter” and “solvent trap” kits was that if the baffles, or whatever term the seller used for them, were marked where they needed to be drilled out, then the thing was legally a suppressor already.