Recore/Repair legality question

[GHEN]

Hi all,

So usually any thread with "is this legal" pretty much guarantees a "no" as the answer, but here goes:

BTW Bendersquint, if you are reading this I sent you the same question via email with some additional, specific questions.

If I have a suppressor that I built on an approved Form 1 that is a "freeze plug and spacer" design, can I send that suppressor to a Type 02 SOT be recored/converted to a mono-core unit?

If that suppressor were simply a big expansion chamber without any baffles or internals, would a Type 2 SOT be able to add a monocore as a repair?

[Capt. Link.]

Hi all,

So usually any thread with "is this legal" pretty much guarantees a "no" as the answer, but here goes:

BTW Bendersquint, if you are reading this I sent you the same question via email with some additional, specific questions.

If I have a suppressor that I built on an approved Form 1 that is a "freeze plug and spacer" design, can I send that suppressor to a Type 02 SOT be recored/converted to a mono-core unit?

If that suppressor were simply a big expansion chamber without any baffles or internals, would a Type 2 SOT be able to add a monocore as a repair?

A 02 can replace everything but the part that has the serial number.They can not lengthen the tube or change the caliber.
-CL

[GHEN]

A 02 can replace everything but the part that has the serial number.They can not lengthen the tube or change the caliber.-CL

Thanks for your answer.

What about if the original design features no baffles or wipes, just a registered tube and end caps? Could the 02 add a monocore?

GHEN

[chrismartin]

A 02 can replace everything but the part that has the serial number.They can not lengthen the tube or change the caliber.-CL

Thanks for your answer.

What about if the original design features no baffles or wipes, just a registered tube and end caps? Could the 02 add a monocore?

GHEN

That won't fly. Neither will missing baffles. There must be something to destroy and replace. They key is "replace". They can replace baffles. If the tube doesn't have anything inside it, there is nothing to replace.

[David Hineline]

Any licensed repair gunsmith can do this. Does not have to be a SOT manuf.

[Capt. Link.]

I would like to see any wording claiming you can't put a core in or a baffle in where there were none.If I'm wrong please educate me.The old MAC can's and others were empty less a wipe or two and every type of suppression medium has been used to rebuild them as functional suppressors over the years.I have done this service many times in the past and have never had issue with BATFE over the practice.I have seen in print that Dr Dater has done this very (repair) and have never seen where it can't be done by a 02.

A 01 can buy parts for any NFA weapon to effect a repair. He can not manufacture those parts as only a 02/07 can manufacture NFA items for resale.Technically a 01 can re-core if manufactured parts were available for purchase and log it as a repair.
-CL

[Bendersquint]

Any licensed repair gunsmith can do this. Does not have to be a SOT manuf.

Yes...it can be done by a licensed gunsmith so long as each silencer part is serialized and transferred according to the NFA.


https://www.atf.gov/firearms/qa/may-fed ... components

"A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer..............Persons other than qualified manufacturers may repair silencers, but replacement parts are “silencers” as defined in 18 U.S.C. § 921(a)(24) that must be registered and transferred in accordance with the NFA and GCA."


(Edited for clarity)

[Bendersquint]

I would like to see any wording claiming you can't put a core in or a baffle in where there were none.

There is nothing that says you can't but we won't touch them because we don't know that you don't have the core at home and it could be considered as selling silencer parts and NOT simply doing a repair....not to mention other potential legal issues.

A 01 can buy parts for any NFA weapon to effect a repair. He can not manufacture those parts as only a 02/07 can manufacture NFA items for resale.Technically a 01 can re-core if manufactured parts were available for purchase and log it as a repair.
-CL

That IS accurate for NFA weapons that are NOT silencers. ATF has special rules when it comes to silencer parts.

An 07/02 can not sell silencer parts to anyone but 07/02's.

ATF is clear to WHO can repair silencers.

"A person who is licensed under the Gun Control Act (GCA) to manufacture firearms and who has paid the special (occupational) tax to manufacture National Firearms Act (NFA) firearms may replace a component part or parts of a silencer".

It says "may replace", it does NOT require that they manufacture it....that quote eliminate a gunsmith(who is NOT licensed as an 07/02) from providing the repair.

If it were legal to sell silencer parts to 01's then I would simply do runs of silencer parts to sell and you would be seeing TONS of 01's offering recore services....but that's not the case.

[Bendersquint]

That won't fly. Neither will missing baffles. There must be something to destroy and replace. They key is "replace". They can replace baffles. If the tube doesn't have anything inside it, there is nothing to replace.

Correct.

[Capt. Link.]

I would like to see any wording claiming you can't put a core in or a baffle in where there were none.

There is nothing that says you can't but we won't touch them because we don't know that you don't have the core at home and it could be considered as selling silencer parts and NOT simply doing a repair....not to mention other potential legal issues.

Any work done should be in your bound book.This direct paper trail is in place to protect you.BATFE can clearly see what was done by you and what is contraband.If some knucklehead wishes to plug and play with parts that are illegal to have, its not the responsibility of the shop.

Do you re-seal your jail breaks or re-core's some one could slip in a illegal part.The manufacturer is covered they sealed it and you defeated that seal. The argument could be made that you facilitated a felony after the manufacturer added this safety measure.
I follow the rules and the intent of the law without making up new restrictions.
I love you bro but you drive me nuts making life harder than it needs to be.
-CL

[GHEN]

There is nothing that says you can't but we won't touch them because we don't know that you don't have the core at home and it could be considered as selling silencer parts and NOT simply doing a repair....not to mention other potential legal issues.

I think this is so hard to police it is almost a waste to worry about it. I mean, if I wanted to (and I don't, I have no problem getting legal NFA items so I have no need to mess with anything illegal) I could:

1) Make a suppressor on a form 1 with a monocore.
2) Take that out and replace it with a bunch of washers and spacers (this alone BTW would be illegal)
3) Send to an SOT who can then put in another monocore, the SOT never knowing I had another monocore at home.

If I did this there would be NO WAY the SOT would know and also NO WAY any liability could be assigned to them; if there were a problem, BATFE would hammer me silly but it would all lay at my feet given the clear duplicity of my actions.

Having said all of that I am not trying to change the way anyone does business. If someone wants to doubleknot their shoelaces that is none of my business and being extra careful is just the nature of the beast when it comes to NFA. I just enjoy the discussion and exchange of ideas.

GHEN