Machining location legality

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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SKT
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Machining location legality

Post by SKT »

Is there a requirement to where you can machine your components? I have access to a lathe but would rather not truck it home.
cdakers
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Re: Machining location legality

Post by cdakers »

Nope. Parts must remain under your control. How, why and where are totally up to you.
SKT
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Re: Machining location legality

Post by SKT »

Thank you. That saves alot of effort.
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T-Rex
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Re: Machining location legality

Post by T-Rex »

ATF ruling 2015-1 might apply.
Is this your equipment or someone else's?
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SKT
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Re: Machining location legality

Post by SKT »

Someone elses. Unless I purchase it.
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fishman
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Re: Machining location legality

Post by fishman »

SKT wrote:Someone elses. Unless I purchase it.
is the someone else a business or an individual?
T-Rex wrote:ATF ruling 2015-1 might apply.
Is this your equipment or someone else's?
i think 2015-1 only applies to businesses helping in the manufacture of unserialized firearms.
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SKT
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Re: Machining location legality

Post by SKT »

I have access to private owned and business owned. The business is not an FFL manufacturer and wouldnt be providing anything but use of the machine. If that is legal.
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fishman
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Re: Machining location legality

Post by fishman »

SKT wrote:I have access to private owned and business owned. The business is not an FFL manufacturer and wouldnt be providing anything but use of the machine. If that is legal.
according to atf ruling 2015-1, it isnt legal for a business to provide a machine to an individual to work on an unfinished and unserialized firearm, such as an 80% lower. however, working on a serialized silencer or serialized 80% lower using a business' lathe should be ok. private owned is ok as long as you are in direct control of the parts at all times, you cant leave the parts there or have someone else work on them without your presence.
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T-Rex
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Re: Machining location legality

Post by T-Rex »

Being that this is the silencersmithing section, I understood this as manufacturing silencer parts. This would negate the "serialized or unserialized" requirement, as any part of a silencer is a firearm, in and of itself. A business would need to be licensed and pay ITAR fees to "engage in the business of manufacturing defense articles".

A buddies personal equipment should be fine. Make sure to travel "stamp in hand", while transporting your items.
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fishman
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Re: Machining location legality

Post by fishman »

T-Rex wrote:Make sure to travel "stamp in hand", while transporting your items.
is this required by law, or just a good practice?
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crazyelece
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Re: Machining location legality

Post by crazyelece »

depends on your location.

For instance here in OH, silencers are considered "Deadly Ordinance"

Deadly Ordinance is illegal by law, but federally approved devices are legal through affirmative defense.

Thus, the burden of proof is on the individual, and an approved form is your stay out of jail card.

It's typically a good idea to carry a copy of approved forms with their appropriate devices everywhere though.
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Re: Machining location legality

Post by SKT »

Im In Ohio. Was told when I did my fingerprint card for other NFA items to keep stamp or copy of stamp with you while transporting.
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Re: Machining location legality

Post by SKT »

Sounds like it may be a better idea to turn a punch and die and press cone baffles in my home press.
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T-Rex
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Re: Machining location legality

Post by T-Rex »

fishman wrote:
T-Rex wrote:Make sure to travel "stamp in hand", while transporting your items.
is this required by law, or just a good practice?
The bottom of page 3, on the 5320.1 (Form 1) reads:
Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request.

Now, take this as you may, but I keep my driver's license on me, while driving, in case I'm in a situation where I need to present it.
Will you bump into the ATF while transporting your NFA item? Most likely never, but, as stated above, the burden of proof usually lies w/ the accused.
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Re: Machining location legality

Post by Bendersquint »

T-Rex wrote: Will you bump into the ATF while transporting your NFA item? Most likely never, but, as stated above, the burden of proof usually lies w/ the accused.
Most likely you won't however local cops know how to call the ATF and make a big huge headache for guys not showing the forms to the cops.

Remember, the cops can arrest you for possession of illegal weapons if you can't show proof that it is legal.
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