I may have made a mistake on my Form 1

[edjobsman]

I may have made a mistake on my Form 1.

Here was the plan: It was my intention to make an 9mm SBR out of a AR-15 lower using a 3-lugged 5" barrel covered by a free-floating hand guard that extends beyond the muzzle. I intended to attach a suppressor to the three-lugged barrel so that the fore end of the suppressor extends 3 inches beyond the front of the hand guard. As there are no instructions offered by the NFA Branch of how to measure the "overall length", I stated, well, the overall length, with the butt stock fully extended (not including a suppressor of course, since that is a separate firearm). I was latter told by a person who I consider to be an expert in these matters, the overall length should be measured from the muzzle back to the end of the fully extend butt stock. That made the new "overall length" a good 7 inches shorter than what I had stated on my Form 1.

By then, my Form had already been in the hands of the NFA Branch for one month, or so I thought. So, I wrote them a letter explaining what I had done with the hope of getting either a letter in return acknowledging the new measurement or one that informed me that the measurement I stated on the Form 1 was actually valid. A little over three months after I sent the letter, I called the NFA Branch only to learn they didn't have receipt of the letter recorded in their log. I am guessing they do actually still have it though.

All the same, I am going to resend the letter because maybe I did not use the correct wording and as such the letter was ignored. Does anyone have an example of how to word a letter like this?

And I am also interested if anyone thinks I may have actually stated the overall length correctly.

Thanks.

[RYAN50BMG]

I would'nt sweat it.The fact that the lower is registered as an SBR trumps AOL. You can put a 7 in. or 10 in upper on your SBR lower with out changing the paperwork. They just care that it is registered as an SBR.

[eyeson247]

um,
I would recommend that if you resend your letter, you pick some sort of delivery confirmation, maybe one that requires a signature. That way you will know who to blame when they tell you they don't have it.

**All this is what I have gathered from the internet mall ninja gun expert commando crowd**

From what I understand you must always have the upper from the original form 1. Switching back and forth in lengths/cal is not so much of a prob. (perhaps this has something to do with them no longer approving form 1's with multiple length/cal) But If you go to sell the original upper, and pick a new configuration, you should send a letter to the ATF informing them of change(s). This letter falls somewhere in between "nice to let them know" and "do it or else...." . Ive never seen an official BATFE policy letter on any of this.



In regards to the OAL on your Form 1, I would guess that the rail should not be included, as its not permanently attached. I'd say your letter asking that question was the right idea, so you know if your form 1 needs to be fixed before its approved and you end up in legal limbo.

**I am not a lawyer, this is not legal advice**

[SAnd]

I would go to the BATFE for an answer. Their webbsite has an email address for NFA questions. There is also a Field Office in Denver if you want to talk to someone in person. The cantact info and anddress is on the BATFE website. Just remember that any advice you get from a government person is not binding. I have emailed questions twice, both times it took about three weeks to get a reply.

My 2 cents worth. I would wait for the Form 1 to come back approved. You have a while (5 years?) to complete your project or cancel your stamp. You can change things on by just notifying them. Their main concern is that they have approved a SBR. The rest is just details in the file.

The reason I say wait was I forgot my Certification of Complience one time. I was told if I sent it in they had no way of getting it attached to my other paperwork. In other words they can't track your Form 1 once it's in the system.

On the other hand I know there is a way of talking to the person on the phone handling your Form 1. I don't know how it is done though.

http://www.atf.gov/

Hang in there, The frustration and waiting is worth it.

[edjobsman]

um,
I would recommend that if you resend your letter, you pick some sort of delivery confirmation, maybe one that requires a signature. That way you will know who to blame when they tell you they don't have it.

**All this is what I have gathered from the internet mall ninja gun expert commando crowd**

From what I understand you must always have the upper from the original form 1. Switching back and forth in lengths/cal is not so much of a prob. (perhaps this has something to do with them no longer approving form 1's with multiple length/cal) But If you go to sell the original upper, and pick a new configuration, you should send a letter to the ATF informing them of change(s). This letter falls somewhere in between "nice to let them know" and "do it or else...." . Ive never seen an official BATFE policy letter on any of this.



In regards to the OAL on your Form 1, I would guess that the rail should not be included, as its not permanently attached. I'd say your letter asking that question was the right idea, so you know if your form 1 needs to be fixed before its approved and you end up in legal limbo.

**I am not a lawyer, this is not legal advice**

I never send anything without getting delivery confirmation. I left that out because, for all practical purposes, it means nothing. If the ATF says they don't have a record, then I am not going to argue with them. Like I said, though, I am sure they have it and maybe they will come to that realization too someday; maybe not.

I understand what you are saying about the rail not being attached, but you do realize that the barrel on a AR-15 isn't permanently attached either? They thread on and off, just like the hand guard. In fact the barrels are held on by a nut. No weld, no pin; just a barrel nut.

With that said, I could go on and on until I am blue in the face with regards to all the pseudo-logic employed by the ATF.

[Great-Kazoo]

what ryan50bmg said. the more you do the more complicated it gets for the feds. by that time they might deny it and make you start over.
that puts you into your nfa wait close to a year.