Success in asking the ATF to modify a previously approved Form 1?

[STFU]

(I am sure this has been asked but I can not find the correct search criteria.)

Will the BATFE allow a change to be made after a Form 1 has already been approved?
EG: I have an Pre41F approved Form 1 for a 5.56 Silencer that I have not yet manufactured. I would prefer to to make a 308 Silencer so that I can use it with 300 AAC, 7.62, etc. No change to the length.


If they will allow:

1. Does this change require another $200 tax stamp?
2. Do they issue a new Form 1 or just an amendment letter?
3. Will this still be allowed on my current trust or does 41F come into play?
4. I assume that if it is the amendment letter, I would need to have it (and the approved Form 1) in possession when using the Silencer?
5. Does anyone have a letter (used successfully) they used previously for this purpose that they would be willing to share the wording?

Thank you in advance.

 

[phylodog]

I have zero expertise in this area. That said, the only question I have is...... Are there legal restrictions or guidelines on the bore diameter of suppressors? If not, who is to say that a suppressor built with a bore diameter of .4" wasn't built to suppress the 5.56? There are no legal issues shooting 5.56 through a suppressor marked 7.62, is it any different for the reverse? Perhaps you were building a 5.56 suppressor with a larger bore opening because you believed there were some benefit to doing so, sometimes experiments don't go as hoped.

Am I making any sense????

 

[Rookie]

I think you are. I COULD put a rimfire can on my 308. Obviously, the results wouldn't be pretty, but it wouldn't be illegal.

 

[STFU]

It does make sense in the fact that you can always go smaller than how it is marked (on the Form 1). I'm not sure the opposite is true.
My Osprey is marked for 45 ACP but ATF does not care if I shoot 40SW or 9mm through it.

But I think the ATF would care if you are running 308 through a can approved/marked for 22 even if it was built to the 308 sizing.
I would just hate to be out shooting at a range and have an ATF agent say "Papers please." That would not end well.

I figured someone would know this. I am fairly certain I have seen a post on the forums where someone asked the ATF for a variance on length and got a letter back saying they could do it.
Anyone else recall seeing this?

 

[Hotrod29]

Honestly your best bet is to call the nfa branch. If you can make a change it's going to require contacting them anyways

 

[STFU]

Honestly your best bet is to call the nfa branch. If you can make a change it's going to require contacting them anyways

Roger that. It is part of my agenda for the day. I'll let you know what I found out.

 

[Beowulf]

I'm curious to hear the answer. It's been my understanding that you cannot change calibers to go bigger on a suppressor than what it was registered as (though in this case, the suppressor actually hasn't been manufactured yet, so that does beg the question whether making it with a larger bore hole to begin with and labeling it for 5.56 is really a problem at all).

 

[Slow Hand]

I had plans to make my first F1 can an integral to not have to deal
woth the SBR stamp. When I realized I didn’t have the skill to do so, I sent a letter to the ATF requesting the approved f1 to be Anne fed to a shorter diameter. It took a little bit (couple of months) but I got a letter thanking me for my letter and stating the registry had been updated.

Now, saying that, if you were ‘unsure of your machining ability’ and were afraid the baffles/tube/etc weren’t totally concentric and you went a little oversized on the bore to be on the safe side, I don’t see that being an issue. It isn’t kosher to say bore out an already manufactured can to a larger diameter but since you are building in an extra degree of safety, who’s to blame You?

 

[STFU]

Spoke to Melissa today at the BATFE NFA branch. She indicated that since it has not yet been manufactured, it is not a problem. No new Form 1 needed and no new Tax Stamp fees.

She indicated that the correct procedure is to send a certified letter (I will request signature return card also) to the branch indicating the change to the caliber. She indicated that they will note that in the system and that I did not need to wait for a return approval letter. She indicated the same would apply to barrel length changes. YMMV.

Looks like I will be moving this build to .308!

 

[rimfireOH]

I changed my SBR caliber from 300BLK to 556/223 with a letter.

 

[Beowulf]

Spoke to Melissa today at the BATFE NFA branch. She indicated that since it has not yet been manufactured, it is not a problem. No new Form 1 needed and no new Tax Stamp fees.

She indicated that the correct procedure is to send a certified letter (I will request signature return card also) to the branch indicating the change to the caliber. She indicated that they will note that in the system and that I did not need to wait for a return approval letter. She indicated the same would apply to barrel length changes. YMMV.

Looks like I will be moving this build to .308!

That's awesome. Glad to hear they are being reasonable about it.

 

[STFU]

IMHO, they just want the $200. If you want to make a change, they just want to know.
Do the due diligence: pay up, tell them about changes, and don't get caught with your pants down. We have enough of that going on anyways. ;-)

 

[STFU]

Ah, and they just answered the email I sent:

Good morning,

1. Does this change require another $200 tax stamp? It does not.
2. Will I be issued a new Form 1 or just an amendment/variance letter? A new Form 1 will not be issued. To have us update the system please send a written request to NFA@atf.gov, Fax to 304-616-4501 or mail to BATFE 244 Needy Road Martinsburg WV 25405. We will stamp the letter and send it back to you for your records.
3. If it is possible via the amendment/variance letter, would I need to have the letter (and the approved Form 1) in possession when using the Silencer? It is not required but you are certainly allowed to.

David

This is good news and is somewhat in concurrence with what I was told over the phone.
I like the idea of getting something back as an acknowledgement.
I will be saving this email as a PDF until I get the stamped letter back.

 

[kaveman]

Looks like you have your situation handled, but for reference,......

Mike Klos at American manufacturing makes his XXX and Warrior suppressors with oversize baffles. They're 5.56mm cans but he approves of use in 7.62 and even 9mm. I can run a 3/8" dowel through them from end to end(.375"). They're tough cans and designed for maximum ruggedness. The large ported baffles allow the cans to be used not only with full auto but with beltfed or Beta drum dumps.