Approval to deviate from approved Form 1

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  • STFU

    Master
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    Sep 30, 2015
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    In 2016 I started down the path of building my own Form 1 can in 5.56.
    The Form 1 I submitted for a 5.56 can was approved but I did not build that can.
    In mid-2017 I changed my mind and wanted to make it a 300BLK can and bought the parts but did not proceed with the build.

    In early DEC 17 I called the BATFE for clarification on what is allowed. Their response was based on the fact that I had not started the build process and they said to put it in writing to them.
    On 31 DEC 17, I sent a letter to the BATFE notifying them of the caliber change to .338 (yep, bigger than I need).
    On 22 JAN 18, I received a signed response indicating they have received notification and thanking me for the update.

    I have attached a redacted PDF for anyone that wants to use the same/similar wording in the future.
     

    Attachments

    • BATFE-Form1-Mod-Redacted.pdf
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    dudley0

    Nobody Important
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    Mar 19, 2010
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    Curious why you would have to inform them at all. It is still a 5.56 can. No guidelines on the size the hole has to be.

    Unless you are making it longer than stated on the Form 1 I don't see why you have to contact them at all.

    I have a Form 1 that I marked as a 6" can, but will make it bigger than that so I have to give notice on that one.
     

    STFU

    Master
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    Curious why you would have to inform them at all. It is still a 5.56 can. No guidelines on the size the hole has to be.

    Unless you are making it longer than stated on the Form 1 I don't see why you have to contact them at all.

    I have a Form 1 that I marked as a 6" can, but will make it bigger than that so I have to give notice on that one.

    IMHO, the ATF is all about "intent." We have seen many examples of that in the last few years...think arm brace on an AR Pistol.
    If the intent was to build a .458 can and you got a 5.56 Form 1 approval, they may feel like you had the "intent" to hide what you were really up to.
    Just my $.02. YMMV.
     

    STFU

    Master
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    Kind of scary how smooth that went. I'm positive it's just to lull you into a false sense of security.

    Quite honestly, I have had nothing but pleasant experiences when dealing with the ATF (knock on wood).
    EG: when I wanted to import a weapon I bought overseas, I did not understand a few of the fields on the Form 6 (5330.A). I called the ATF, got transferred to the Imports branch, and the woman on the phone talked me through the form field by field to ensure it was completed properly. I am guessing she did not want to receive a form that had to be sent back for being completed incorrectly.

    I am sure that many folks have had experiences different from mine...the stories are everywhere.
    I have had no issues...YET.
     

    dudley0

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    IMHO, the ATF is all about "intent." We have seen many examples of that in the last few years...think arm brace on an AR Pistol.
    If the intent was to build a .458 can and you got a 5.56 Form 1 approval, they may feel like you had the "intent" to hide what you were really up to.
    Just my $.02. YMMV.

    That's just it though, it is still a 5.56 can. It is over-bored. No different than people using a 30 cal can on a .223. Same as having an SBR and it being tagged as 5.56 but you drop a 9mm upper on it. As long as it functions as described no fault.

    Just my opinion from what I have garnered from dealing with people in the Form 1 world, and of course my own little pile of them.
     

    STFU

    Master
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    No different than people using a 30 cal can on a .223.

    Yes, but what was approved on the Form 1 or Form 4? Probably a 30 cal can...right? You can always go smaller with the ATF, not bigger.
    Take the length issue for example. If you have a Form 1 can approved for 8" length, you can mfg a 6" can without asking. The converse is not true.
    I am just not taking that chance. Too much risk...
     

    dudley0

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    I agree with the length issue... well I do not agree, but that is what ATF wants.

    The diameter issue is a non-point as there are no set hole dimensions that one needs to follow.

    Either way it is great that you sent the letter and it all went smooth. I do not want to sound like I am disagreeing that much. I just think there are a few things that the Form 1 allows that some people do not realize.

    I would love to talk about the can you are building. I have a couple myself, and always enjoy finding new ways to reduce noise.
     

    STFU

    Master
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    I agree with the length issue... well I do not agree, but that is what ATF wants. <snip>
    I would love to talk about the can you are building. I have a couple myself, and always enjoy finding new ways to reduce noise.

    I not sure the ATF knows what the ATF wants! ;-)

    Finishing up my plans now. Hit me on PM for some details.
     

    cayce

    Shooter
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    Feb 17, 2018
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    Carmel
    With the ATF ALWAYS get it in writing. It's only school shooters that get ignored. Responsible gun owners catch the crap.
     
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