O1 FFL repair suppressor?

[silverbulletexpress]

Sorry if this has been answered before didn't find it in a search. I've had different answers to this, some say a 01 FFL gunsmith can repair machine guns and so by the same rule can repair suppressors. Others say no only a 07. Who is correct?

[AlabamaPaul]

Yes, an 01 can take it in for gunsmith work.

[T-Rex]

Yes, an 01 can take it in for gunsmith work.

Before you say yes, he needs to broaden his definition of repair. Not everyone knows there's a difference between repair and replace. If any parts need to be replaced, the FFL must be paying ITAR fees. I doubt your 01 is paying ITAR.

Just fyi

[HansohnBrothers]

Yes, an 01 can take it in for gunsmith work.

If any parts need to be replaced, the FFL must be paying ITAR fees. I doubt your 01 is paying ITAR.

Just fyi

A gunsmith can replace parts one for one without ITAR.

Here's the document that breaks it down.

https://www.pmddtc.state.gov/compliance ... turers.pdf

[T-Rex]

A gunsmith can replace parts one for one without ITAR.

With respect, I'm going to disagree with your interpretation of this.
A silencer baffle, in and of itself, is not a firearm part. A single part is deemed a silencer and, by definition, a firearm.

I believe your post was referring to Part 1 of the linked document.

Part 2 contradicts Part 1, in regard to your interpretation.

2. Registration Required – Manufacturing: In response to questions from persons engaged
in the business of gunsmithing, DDTC has found in specific cases that ITAR registration is
required because the following activities meet the ordinary, contemporary, common
meaning of “manufacturing” and, therefore, constitute “manufacturing” for ITAR purposes:

c) The production of firearm parts (including, but not limited to, barrels, stocks,
cylinders, breech mechanisms, triggers, silencers, or suppressors);



Being "in the business" has already been clarified to mean anyone doing such for profit and puts them in the manufacturer category.
A silencer part is, in and of itself, a silencer and firearm, not a "part".


I could be wrong, but considering the way that doc is worded, and the fact that the NFA Handbook specifically states "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." I'd be leery to believe your interpretation. And the most recent ATF NFA Handbook is dated after that letter you linked.

[HansohnBrothers]

Unfortunately the NFA Handbook is wrong on a lot of counts. The question at hand is can a type 1 FFL repair NFA firearms? The answer is yes. Whether the FFL chooses to pay ITAR is on them.

[T-Rex]

I feel the same way in regards to the handbook.
I'm just quite chary when it comes to conflicting and/or inconsistent regulations.

[Bendersquint]

I am ONLY talking about silencers here and no other firearms.

According to the ATF published NFA Handbook....... only an 07/02 can replace silencer parts.

"Page176 NFA HANDBOOK"

"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."

NOTE......A person qualified under GCA to manufacture firearms and has paid the SOT is an 07/02.
.....
...
.
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.

There is no such animal as part for part or anything like that that a gunsmith(01) can replace(without registering and transferring said part via Form4) in regards to cans.

An 01 can paint it but thats about all that doesn't require an 07/02 since almost everything else requires machining or other manufacturing activities(includes anodizing etc...). Obviously there are limited other things that arent on the tip of my tongue but you get the point.