I will be forming a trust and applying to manufacture an SBR on a Form 1. The lowers are BCM lowers, obviously already marked:
Bravo Company MFG INC
Hartland, Wisconsin USA
for the original Title I manufacture.
When manufacturing an SBR, I can use elements of the original engraving – for example I don’t need to create a new serial number, I can use the original one for NFA purposes. I don’t need to engrave a new model number or caliber either.
Correct my understanding if I’m wrong: The city and state engraved on an SBR lower need to be the city and state where the SBR was manufactured (i.e. the act of mating it with a <16" upper under the authority of an approved Form 1). That can be just about anywhere that it’s legal to possess the resulting SBR – just drive somewhere and attach the upper while sitting in the car. Of course if you do this outside the state you live in, you’ll need an approved 20.20 to get home.
So here’s the point: I happen to be a one hour drive from Hartland, WI where BCM is headquartered. If I intend to (and later do) “manufacture” my SBR while sitting in my car somewhere in Hartland, WI, then is there any reason I would need to engrave anything other than the name of my trust on the receiver, as it’s already marked with the city and state of manufacture (both as Title I and as Title II) just as it’s already marked with a serial number, model number, etc?
First of all, you’re not manufacturing anything. That’s a whole different set of forms, taxes, statutes, etc. You’re a maker, not a manufacturer…hence the title of a Form 1: Application to Make and Register a Firearm.
As to your question, I don’t know. All your info about adopting the original markings is correct. ATF Ruling 2013-3 does a decent job explaining it with the statutes.
You’re also correct in that the statute says a manufacturer must engrave the location where they conduct business (and their license is registered), while a maker simply engraves the location where the firearm is made…which may have nothing to do with the home or work address of the maker, or anything to do with an address found in the trust document.
I’ve seen your exact question asked before, but have never seen anything actually clarify that it’s ok. If I was to do it, I’d probably engrave my trust name directly below the original markings.
Fair, though the term “make” is defined to be inclusive of non-business manufacture. I admit I’d consider assembling an SBR to be “putting together” rather than manufacturing, but it’s all covered by “make.”
Ooh, a nit! smack!
“This term and the various derivatives thereof shall include manufacturing (other than by one qualified to engage in such business under this part), putting together, altering, any combination of these, or otherwise producing a firearm.”
Actually ATF Ruling 2013-3 tells me exactly what I need to know in definitive terms.
Held, pursuant to 27 CFR 478.92(a)(4)(i) and 479.102(c), ATF authorizes licensed manufacturers and licensed importers of firearms, and makers, to adopt the serial number, caliber/gauge, and/or model already identified on a firearm without seeking a marking variance, [pursuant to a few things like it already has those markings, they are valid, etc.]
also, this says licensed manufacturer but I don’t see why non-licensees would be held to a lower standard:
Held further, licensed manufacturers seeking to adopt all of the required markings, including the original manufacturer’s name and place of origin, must receive an approved variance from ATF.
By my reading no authorization is given to adopt any markings OTHER than those listed, which would exclude adoption of manufacturer name and city and state where the item was made. So I’ll have to engrave Hartland, WI on the receiver regardless if that’s where I assembled it into SBR form.
Why would you have to engrave “Hartland, WI” on the receiver? BCM didn’t “make” the SBR, you did and you don’t reside in Hartland.
My understanding is that your Trust name and the City, State of where the trust is located, gets engraved somewhere on the receiver or barrel.
I’m confused as to the issue at hand here. Since you have to engrave the Trust’s name anyway, what’s wrong with just adding your city and state at the same time?
The statute says you have to engrave the location where it’s made. It’s not tied to your DL, or trust, or Form 1 (although it most cases it matches).
For example, if you lived in North Miami Beach, FL…you could drive a couple minutes away and be in Miami, FL…and if that’s where you attach the upper, that’s what you’d engrave.
I will say that 2013-3 is not the law…it’s the ATF’s interpretation. The statute simply says it has to be marked with the location. If the OP makes his SBR in the same city, state of the original manufacturer, the city, state is already marked. He’s asking if it needs to be engraved again, or if he can just add the trust name. Very legitimate question…just not a scenario that happens to many people.
I guess I understand what you want to do, but why complicate things for yourself in the future, in the case where you were questioned by someone in authority about it. You already have to have your name engraved on it, why not just save yourself a possible headache and have the city and state engraved again? You’re just asking for trouble, if you ask me.
I understand that the location where the SBR is “made” is what technically needs to be engraved. In my case, it’s the same location as the trust. What I don’t understand is, if you’re engraving the Trust’s name anyways, why not just include the “actual” location where the OP is “making” the SBR. What is gained by the OP utilizing the “Hartland,WI”?
Less to engrave? Space? Cost savings? All minor.
It seems silly to me for somebody to “say” that they drove to Hartland to assemble their SBR. (It’s even sillier to actually do it.)
I also live an hour away from BCM. Although I SBR’d Colt lowers, knowing that I could’ve used the Hartland, WI rollmarks on my BCM wouldn’t have swayed me one bit.
Nobody’s suggesting pretending they were in a particular place when it was assembled – engraving anything other than the place of assembly is not illegal, but failing to engrave the actual place is, so you’d end up with an improperly marked lower.
Yes, the intent was to have less to engrave and clutter up the lower. Cost isn’t an issue (or I wouldn’t be buying a BCM lower, I’d build up one of my cheap lowers).
It’s not so silly to drive to Hartland when it’s about the same time for me to get there as it is for me to get to my FFL to pick up the lower in the first place. Virtually zero cost.
This makes as little sense to me as the folks who say they want to use their name for their trust because they might get hassled about it. As though the Form 1, which includes the address of the Trust (my home address at some point in time – people do move) and my own name and title as an authorized Trustee, wouldn’t be enough to deal with Mr. Wannabe-ATF local PD who thinks their job is to ensure that federal law is followed by measuring barrel lengths and demanding papers please – and then it would be special kind of stupid to ignore the information on the Form 1 and continue to press the issue.
I’ve never heard of an instance where this has actually taken place.
In any case, the manufacturer is the manufacturer and the owner is the owner – if the lower had been transferred (fat chance) it isn’t like the new owner has to engrave their name on it.
That’s fine. But I’ll be laughing my ass off when you’re paying attorney fees to clarify something in court that could have been a non-issue. I know it’s highly unlikely that it’ll happen but I prefer to CYA.
We all have different appetites for risk, I guess. I’d consider this risk higher if I were in a location where the firearms climate was more restrictive – say Cook County versus rural Wisconsin.
I believe the risk that such a discussion, after presentation of a Form 1 (which also isn’t legally required – the law only says I need to present it to the ATF on request – but seems a reasonable way to diffuse such an unlikely situation), would still lead to arrest and transport is as likely as me being hassled for leaning a loaded carbine against my car during a carbine course (something I have done, while surrounded by cops, but technically a violation of state hunting laws).
I’m more likely to get hassled for having loaded magazines in the same case as my carbine during transport – not illegal but a real go-getter could find it reason to hassle me. A different appetite for risk would separate the ammunition from the firearm and unload all magazines despite not being required to do so by law.
It’s our job to comply with the law as passed and regulations as issued. It’s our option to make some allowance for reasonable interpretation of that law (for example, carrying and presenting the Form 1 to someone other than an ATF agent). Pretending that the law is more restrictive than it is is a good way for it to end up that way officially.
This whole thing is silly. It’s pretty common knowledge that most people list the location where they or the trust reside. If you want to play the “where was it manufactured game” then go for it.
