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NFA/GCA item repair.

Posted: Thu Sep 21, 2017 3:31 am
by monster
I started thinking about the legality of repairing an Title II firearm in a hypothetical situation. I believe what the ATF has on file is bull$hit to be honest, and the only thing they have on file is their own "Question and Answer series" about the legality of repairing a silencer.

They claim that a repair can be made, with the exception of replacing the tube because replacing this tube would be a violation of 18 U.S.C. 922(K), but here is what 18 U.S.C. 922(K) says...

"(k)It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce. "

On the first few passes of 18 U.S.C. 922, it would seem that a repair would be included, but look closely. Both sections of section K utilize the key word commerce.

The definition of commerce is "the activity of buying and selling, especially on a large scale". A repair, even if completely making a new replacement item by the manufacturer or maker isn't related to buying or selling IF, the repair is done free of charge as part of a warranty repair.

Furthermore, if a theoretical item broke, lets say a form 1 or form 4 lower receiver, and it was melted down by the manufacture, and repaired by rebuilding using the same materials, I don't see how this would be illegal...

In summary,
I have not found anything in USC about NFA and GCA repairs. Section K of the aforementioned USC references commerce so, I don't believe it is illegal. But, I'm not a lawyer.

Re: NFA/GCA item repair.

Posted: Thu Sep 21, 2017 9:23 am
by doubloon
Have you read the NFA Handbook?

Seems like the methods of "repairs" you're talking about would obliterate the original serial number.

Re: NFA/GCA item repair.

Posted: Thu Sep 21, 2017 2:55 pm
by monster
doubloon wrote:Have you read the NFA Handbook?

Seems like the methods of "repairs" you're talking about would obliterate the original serial number.

"This publication is not a law book." Aside from looking at USC for anything on repairing, I also read the handbook. The handbook mainly talks about process for repair, with regard to transfer with a form 5 for safe measure.

Regardless, the handbook is not law. The law USC 18 922 K mentions commerce, which a repair should not be commerce. So section k regarding he SN shouldn't even apply to a repair.

Re: NFA/GCA item repair.

Posted: Thu Sep 21, 2017 4:53 pm
by doubloon
The BATFE is an enforcement agency that publishes rules and regulations in "cooperation" with the public.

AFAIK, these rules and regulations carry the force of law until challenged and overturned.