So, I have a few SBR’s. My newest project is a 80% lower that I will machine. When filling out a form 1 , Will I put my trust info in both the applicant’s name and mailing address box AND the name and location of original manufacturer of firearm box? And I will mark the receiver with just my trust name, address, caliber, model number, and created serial number?
Question #2:
If I am making an SBR from an existing receiver, am I required by law to keep the original manufacturer markings on the lower as well?
Can’t answer the first part about 80%, but I can the second. Mine was a spikes lower. I put that down as the original mfg with their serial, model, etc. if it says multical, but whatever caliber you intend to build, 5.56, .300, 6.5, 6.8, whichever one. Then there’s a spot on the form that says something like “other identifying markings”. Bc I’m the one who technically made the actual sbr I put my first name, middle initial, last name and then city,state that I live/made it in. That’s the part that’s engraved. If you can’t see the Caliber on the barrel Bc it’s not on it or it’s covered up by a rail, you must have that engraved on the receiver as well if it says multi cal. I’m doing an 11.5" with FSB and 7" rail so the caliber will be readily visible and no need to engrave. I’m not sure how this will work if I buy an additional upper that does have the caliber on the barrel covered up, but from my understanding, it the original upper that matters Bc that’s what it’s registered with. If I switched to a different 11.5" upper that is covered up and sell the original one that’s not then I would likely have to. You can also put any length/cal upper on it you wish as long as it’s not permenent and can readily and easily be converted back to original form, IE have the original upper on hand. Also, from experience with my dealer, ATF isn’t too concerned about the caliber marking and the chances of it being an issue are slim, but it’s recommended you have it. It’s only an issue with stripped lowers.
A1: yes. As info, model is an “if designated” item, so you only engrave it if you choose to give it a model (same concept as a Form 1 suppressor…and I didn’t designate a model for any of mine). Be prepared to get a call/email to verify you’re using an 80% lower and didn’t just fill out the form incorrectly. You can save that step by attaching a letter if you’re paper filing, or uploading a doc with a sentence or two confirming its an 80% lower if eFiling.
A2: the ATF recommends you adopt the existing markings, but there’s no statute requiring you to do so. If you’re eFiling, leave the additional info/description blank. No matter what you put there, it doesn’t show up on the form. I leave it blank on all F1s, whether paper or electronic. The newest version does word it a little differently, but I have t seen any reports of leaving it blank causing any issues.
BTW…there’s zero requirement to be able to return it to the original configuration.
I say that Bc it says you can change barrel lengths as long as it’s NOT permanent, IE can put the original length back on. If it is permanent then you have to notify the ATF via a letter they have on their website. If you can’t readily return it back to original configuration Bc you don’t have it, then it’s considered permanent and you need approval from ATF before making a permanent change
No, you don’t need approval for a permanent change. The Form 1 is to Make and Register a firearm…which is a one time act. You then make the firearm to the specs you provided.
There’s no requirement even for permanent change. If you think there is, find the statute. I’m not trying to argue this, but it’s a topic that gets repeated over and over and simply isn’t true. Class III dealers are as guilting of spreading this nonsense as anybody else.
Even in their FAQ, they simply recommend you notify them…because they have no justification to require you to do so. You can put another upper, you can put a 16" upper, of you can even sell the lower (which is simply a lower at that point, whether built or not) as a GCA firearm without any ATF notification or involvement.
They ask/recommend you to notify them of these “permanent” changes because they’re required by law to keep the registry as up to date as possible…but there’s zero requirement for you to actually do so.
Well, all the information I have come across on various other forums and website tend to say otherwise. Also, it is the ATF after all so I would rather CYA just in case
I understand it’s a statute, what I was referring too is I can’t recall a single instance, nor seen a picture of anyone engraving a receiver with caliber information.
Almost every AR variant with a free float rail system of 13"+ is going to cover the markings on the barrel. Many factory guns exist in this configuration and covering the caliber is a non issue.
I’ve never seen an unmarked barrel, and can’t recall a single manufacturer that doesn’t notate caliber on the barrel. Making engraving caliber on your own receiver kind of a null point.
What happens if you engrave 5.56 on the receiver but also wish to use a 300 BLK? Must both calibers be engraved? By that logic you would need to engrave every conceivable caliber.
When you reference lowers being marked .223, but chambered in 5.56, the state as long as a caliber is marked you are GTG - that’s the logic I’m getting at.
Since when has MULTI on the side of the receiver not been an acceptable standard that requires additional engraving?
Multi for all intents and purposes is a “caliber” according to ATF.
Form 4473 for stripped lowers are marked multi, along with complete lower receivers in both rifle/pistol configuration.
Not trying to create an argument here, there just seems to be a large amount of misinformation in these threads and I’d like to decipher what’s what.
To add to the confusion…ATF used to accept Multi on Form 1 applications, but they don’t anymore. You have to list the one caliber you plan on initially making.
ATF Ruling 2013-3 has a decent description of how to adopt the existing markings. It does include this bit of info:
5. If the caliber or gauge was not identified or designated (e.g., marked “multi”) on the firearm, the manufacturer, importer, or maker must legibly and conspicuously mark the frame, receiver, barrel, or pistol slide (if applicable) with the actual caliber/gauge once the caliber or gauge is known.
The problem with the marked barrel consensus is that the ATF says that it had to be easily visible and not covered up by a handguard. If using a carbine length upper with FSB you wouldn’t have an issue Bc most markings are up close to the muzzle, but if doing a full flat top extended rail, it will cover up the markings requiring you to mark the lower. Just my opinion from all the many pages I’ve read online on arfcom and NFA sites and ATF, I would play on the safe side and make sure you have the original length upper on hand. Regarding the caliber engraving, I honestly don’t thing the ATF would throw more than a hissy fit telling you to have it marked immediately. Bc IMHO, an sbr is an sbr and is registered so the caliber and length after the original build shouldn’t even mattered. You’ve already gone through the trouble of doing what is required of the draconian laws and gotten fingerprinted, passport pics, registration, and the background check and done everything they’ve asked of you the the rest of it shouldn’t even matter. My biggest concern is with the OAL they ask. How in the hell do they expect us to do that accurately without guessing (if it’s a build and not a factory purchase) Bc we’re not allowed to have the upper on hand to assemble in rifle form and with all of the varying stocks and receiver extensions that will slightly change the length. All that they should even ask for on the form is barrel length.
The sbr and silencer/suppressor part of the NFA should be completely removed from the purview or at the very least update the forms to remove a few things. Bc I understand that when the GCA of 1968 came about there wasn’t the options in upgrades and accessories as there is today. You had a fixed stock and that’s about it. If you were doing sbr, you just subtracted the inches from factory 16 or 20 inch barrel. I don’t know of any guns way back when that weren’t fixed or folding to fixed
Those are rules for when it is MFG’d. Once it gets into the hands of the end-user, he is free to cover it up. The SN on all my MP5s is completely blocked by the scope mount. No violation. The SN on my 870 is completely block by my SideSaddle. No violation. SN on my Glock is completely blocked by WL. No violation. etc.