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I caught a little bit of this on thejaysituation instagram stories and went in search of some additional info. Found this on Reddit and I am sure there is more info out there. Concerning for all those who have form 1'd suppressors as the ATF appears to be changing the rules after the game has finished.
Posted over on Reddit:
Posted by
u/paper_killa
18 days ago
If you send a email to [email protected] you will get this auto reply. This was the email setup specifically for DM issue, letter responders are suppose to be forwarded here:
Under the National Firearms Act (NFA), 26 U.S.C. §§ 5861(b)-(c), it is unlawful for any person to receive or possess a firearm transferred to him or her in violation of the NFA or made in violation of the NFA. This includes silencers and silencer parts, regardless of manufacturer.
This email account was set up to answer questions from individuals who received letters regarding Diversified Machine parts. There may be other manufacturers creating silencer parts without complying with the law, as described below.
A silencer is defined under the Gun Control Act of 1968 (GCA) and the National Firearms Act to 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." See 18 U.S.C. § 921(a)(24).
In other words, a silencer is any item intended to function as a silencer, any combination of parts for assembling or fabricating a silencer, and any part that exists solely for the purpose of making a silencer. As a NFA firearm, silencer/part(s), must be registered by the manufacturer or maker of the firearm in the National Firearms Registration and Transfer Record (NFRTR). See 26 U.S.C. § 5841.
A limited exception exists for special occupational taxpayers (SOT) engaged in the business of manufacturing silencers who possess unregistered silencer parts. However, SOT manufacturers must register upon first engaging in the business of manufacturing NFA firearms, including silencers.
Possession of any previously unregistered part that exists solely for the purpose of making a silencer is in violation of the NFA, regardless of further modifications and/or the subsequent submission of an ATF Form 1.
ATF is aware that some Diversified Machine silencer/part(s) were subsequently registered in the NFRTR as a making on an ATF Form 1 by the present possessor. This registration was contrary to law. An ATF Form 1 does not alleviate the previous unlawful transfer or registration of the silencer or silencer parts. You should be aware that any silencer or silencer part that was unlawfully registered will be removed from the NFRTR.
Upon request, ATF will assist with a determination of whether the item is a silencer as defined by the NFA. If necessary, the device may need to be sent to the Firearms and Ammunition Technology Division for classification.
The law applies to any silencer including parts intended only for the assembly or fabrication of a silencer. It does not matter what company originally made it. If silencer/part(s) were not registered at the time of manufacture, it is unlawful to possess. We are happy to assist with determinations as to silencer/part(s) in your possession- regardless of the manufacturer.
Destruction of silencer/part(s) may be accomplished by crushing, shredding, or melting the parts, such that they no longer meet the legal definition of a silencer and cannot be reassembled into a silencer.
If you have transferred the silencer/part(s), then you should provide us the name of the transferee.
Posted over on Reddit:
Posted by
u/paper_killa
18 days ago
ATF Detroit Office - Solvent traps are suppressors and Form 1s are not valid
If you send a email to [email protected] you will get this auto reply. This was the email setup specifically for DM issue, letter responders are suppose to be forwarded here:
Under the National Firearms Act (NFA), 26 U.S.C. §§ 5861(b)-(c), it is unlawful for any person to receive or possess a firearm transferred to him or her in violation of the NFA or made in violation of the NFA. This includes silencers and silencer parts, regardless of manufacturer.
This email account was set up to answer questions from individuals who received letters regarding Diversified Machine parts. There may be other manufacturers creating silencer parts without complying with the law, as described below.
A silencer is defined under the Gun Control Act of 1968 (GCA) and the National Firearms Act to 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." See 18 U.S.C. § 921(a)(24).
In other words, a silencer is any item intended to function as a silencer, any combination of parts for assembling or fabricating a silencer, and any part that exists solely for the purpose of making a silencer. As a NFA firearm, silencer/part(s), must be registered by the manufacturer or maker of the firearm in the National Firearms Registration and Transfer Record (NFRTR). See 26 U.S.C. § 5841.
A limited exception exists for special occupational taxpayers (SOT) engaged in the business of manufacturing silencers who possess unregistered silencer parts. However, SOT manufacturers must register upon first engaging in the business of manufacturing NFA firearms, including silencers.
Possession of any previously unregistered part that exists solely for the purpose of making a silencer is in violation of the NFA, regardless of further modifications and/or the subsequent submission of an ATF Form 1.
ATF is aware that some Diversified Machine silencer/part(s) were subsequently registered in the NFRTR as a making on an ATF Form 1 by the present possessor. This registration was contrary to law. An ATF Form 1 does not alleviate the previous unlawful transfer or registration of the silencer or silencer parts. You should be aware that any silencer or silencer part that was unlawfully registered will be removed from the NFRTR.
Upon request, ATF will assist with a determination of whether the item is a silencer as defined by the NFA. If necessary, the device may need to be sent to the Firearms and Ammunition Technology Division for classification.
The law applies to any silencer including parts intended only for the assembly or fabrication of a silencer. It does not matter what company originally made it. If silencer/part(s) were not registered at the time of manufacture, it is unlawful to possess. We are happy to assist with determinations as to silencer/part(s) in your possession- regardless of the manufacturer.
Destruction of silencer/part(s) may be accomplished by crushing, shredding, or melting the parts, such that they no longer meet the legal definition of a silencer and cannot be reassembled into a silencer.
If you have transferred the silencer/part(s), then you should provide us the name of the transferee.