Which part is must have the serial number?

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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MMH
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Which part is must have the serial number?

Post by MMH »

When making a silencer, is there any particular part that must be serialized? Are all parts considered 'suppressor' parts? For instance if the endcap is serialized, is the tube controlled? How would the ATF know what a particular tube would be used for? For instance if I have a 316 1.5" OD x 8" long tube with threads on each end, how would the ATF 'know' that it was for a suppressor?

Not trying to skirt the law, just understand what the 'interpretation' is.
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Bendersquint
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Re: Which part is must have the serial number?

Post by Bendersquint »

MMH wrote:When making a silencer, is there any particular part that must be serialized? Are all parts considered 'suppressor' parts? For instance if the endcap is serialized, is the tube controlled? How would the ATF know what a particular tube would be used for? For instance if I have a 316 1.5" OD x 8" long tube with threads on each end, how would the ATF 'know' that it was for a suppressor?

Not trying to skirt the law, just understand what the 'interpretation' is.
Yes, all parts are considered silencer parts and controlled.
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Re: Which part is must have the serial number?

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Re: Which part is must have the serial number?

Post by MMH »

Bendersquint wrote:Yes, all parts are considered silencer parts and controlled.
So, do ALL parts require need to be serialized (all baffles, all spacers, both end caps & the tube)?
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Re: Which part is must have the serial number?

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MMH wrote:
Bendersquint wrote:Yes, all parts are considered silencer parts and controlled.
So, do ALL parts require need to be serialized (all baffles, all spacers, both end caps & the tube)?
No only the main part requires serialization which covers all the other parts. Even without serialization the other parts are still controlled.
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Re: Which part is must have the serial number?

Post by john.t.little1 »

The part that need the serial number is the inside of the front cap before you weld it on... :roll: anywhere that's plainly visible is accepted..
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Bendersquint
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Re: Which part is must have the serial number?

Post by Bendersquint »

john.t.little1 wrote:The part that need the serial number is the inside of the front cap before you weld it on... :roll: anywhere that's plainly visible is accepted..
It's been done before!

There was a 50BMG Form1 can that I got to check out where the owner did just that, you had to remove the core and read it with a flashlight!

He ended up engraving on the outside after an altercation with the local ATF.
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Re: Which part is must have the serial number?

Post by MMH »

Bendersquint wrote:
MMH wrote:
Bendersquint wrote:Yes, all parts are considered silencer parts and controlled.
So, do ALL parts require need to be serialized (all baffles, all spacers, both end caps & the tube)?
No only the main part requires serialization which covers all the other parts. Even without serialization the other parts are still controlled.
OK, I'll bite. At what point is it a 'silencer' part? Suppose I have a 1.5" dia. 316 bar. I can turn this into a baffle, so, is this a controlled part? This answer is easy - obviously the answer is no. Now suppose I am making a "freeze plug baffle" suppressor? Are all freeze plugs in my shop "silencer parts"? What about if I put a hole in the middle of them (although it is a different diameter than the 'caliber' that the suppressor was designed for?
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Re: Which part is must have the serial number?

Post by john.t.little1 »

Common sense comes into play with some laws... I'm not 100% familiar with the law we are talking about but I'd assume up until the point it can be directly used in / as a suppressor it isn't controlled just my $0.02
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Re: Which part is must have the serial number?

Post by Bendersquint »

Legal definition of a silencer/silencer part.

18 USC 921(a)
(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
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Re: Which part is must have the serial number?

Post by srs »

john.t.little1 wrote:Common sense comes into play with some laws... I'm not 100% familiar with the law we are talking about but I'd assume up until the point it can be directly used in / as a suppressor it isn't controlled just my $0.02
"Shall not be infringed" seems clear and unambiguous. Assuming that is true, all (I mean every bit) of the GCA and NFA laws, rules, regulations, etc. should be forbidden.

Common sense does NOT come into play with federal gun laws. At all. Ever.

That said, I'm not willing to become a test case. Case law is your only true guide and that can be invalidated by various courts and by the whim of the ATF or other agencies.
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Re: Which part is must have the serial number?

Post by LostintheAOs »

Straight from the BATFE NFA FAQ page:

The silencer must be marked in accordance with 27 C.F.R. §§ 478.92 and 479.102. The regulations require that the markings be conspicuous and legible, meaning that the markings may be placed on any external part, such as the outer tube or end cap.

ATF strongly recommends that manufacturers place all required markings on the outer tube of the silencer, as this is the accepted industry standard. Moreover, this practice eliminates the need to remark in the event an end cap bearing the markings is damaged and requires replacement.
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Re: Which part is must have the serial number?

Post by john.t.little1 »

Ok so not using common sense and reading the law directly as quoted by bender that means the chunk of G5 Ti I have sitting on the shelf I posses illegally Bc I don't have approval yet for my next 30 can and that's what it's going to be used for...
"A man is known by the silence he keeps. - Oliver Herford"
"Gunpowder, treason and plot. I see no reason why gunpowder, treason
Should ever be forgot..."
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whiterussian1974
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Re: Which part is must have the serial number?

Post by whiterussian1974 »

john.t.little1 wrote:Ok so not using common sense and reading the law directly as quoted by bender that means the chunk of G5 Ti I have sitting on the shelf I posses illegally Bc I don't have approval yet for my next 30 can and that's what it's going to be used for...
I'm loathe to come to Bender's defence... :roll: But a correct reading of that section would be:
A- If you intend the barstock to be used (unaltered) in your sound diminishing device, then YES, it's a NFA item.
B- If it is simply material that may or may not be used in your suppressor, then it's NOT NFA until you begin working on it. The 1st engraving or run through a lathe or drillpress, it's NOW NFA controlled.

[Case Law for Conspiricy to Commit Murder. Once 2 or more people discuss a plan or intent to commit a murder (even of an unspecified person, place, time, etc) if someone ALREADY possesses a gun or knife. No conspiricy. If one party purchases a deboning knife, icepick, pistol, rope, etc. NOW it's a valid Conspiricy charge.)
Brutal? Unfair? Totalitarian?
Yes!
But accurate just the same. :cry:

ETA: BTW, congrats on your new daughter John.
The Darkest Corners of Hell are reserved for those who remain Neutral!-Dante
The Death of One is a Tragedy, a million only a statistic.-Stalin
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john.t.little1
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Re: Which part is must have the serial number?

Post by john.t.little1 »

That was the point I was trying to get across. It's not a suppressor part until it can be used in the suppressor. Hints y I said common sense comes into reading what bender quoted. Atleast to me because I've had it asked before well if you read into this law blah blah blah. And thanks Comrade she's already grown a lot.
"A man is known by the silence he keeps. - Oliver Herford"
"Gunpowder, treason and plot. I see no reason why gunpowder, treason
Should ever be forgot..."
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