Obtaining a homemade silencer

Yes, it can be legal to make a silencer. For everything Form-1, from silencer designs that are easily made, to filing forms with the BATF, to 3D modeling. Remember, you must have an approved BATF Form-1 to make a silencer. All NFA laws apply.

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Ottomattic
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Obtaining a homemade silencer

Post by Ottomattic »

An associate of mine owns a machine shop and recently made a couple silencers for his personal rifles ( all legally registered ) and today he asked me if I wanted one made. However neither of us are sure if he can legally make a silencer and give it to me (provided all my paper is approved ) to rephrase , is it possible for him to make and distribute a silencer to me without any form of ffl ?

Thanks for reading !

edit: I posted this originally in Silencertalk thread and I was directed here by an individual.

Any input helps!
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whiterussian1974
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Re: Obtaining a homemade silencer

Post by whiterussian1974 »

You actually should have posted this to the "Legal and Political" Forum. This Forum is only for the machining techniques and design concepts involved in Form 1 builds.
But to answer your ?. It's my understanding of existing law that your friend may NOT build cans (in the USA) unless he has a Form 1 or is a FFL 7/SOT holder.
If the above is correct, then you need to file a Form 1 and pay the NFA $200 Tax Stamp.
If your friend is NOT a FFL 7, then you must be present and have FULL CUSTODY AND CONTROL over each and every piece that he is working. This means that you must take each piece home with you at night.
Disclaimer: I'm not a lawyer and offer no advice.
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Ottomattic
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Re: Obtaining a homemade silencer

Post by Ottomattic »

thanks for the input! That is how i understood it as well. As long as I am present during the entire process and it never leaves my possession It should be legal...
57fairlane
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Re: Obtaining a homemade silencer

Post by 57fairlane »

Ottomattic wrote:As long as I am present during the entire process and it never leaves my possession It should be legal...
Correct. You send in for the Form 1, comes back approved, you go to the machine shop and watch him build it. Stay until its done or take home the finished parts. Basically you must be in possession of any completed part.

Make sure you engrave it with whatever serial number you give it as well.
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ghostdog662
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Re: Obtaining a homemade silencer

Post by ghostdog662 »

Get the form 1, be present when it is made and take it home with you. Done.
LP
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