This issue of marking keeps coming up and I don't know why. The answer is quite simple, you MUST put your name (or trust name, LLC name, etc) and your city and state on the receiver if you are MAKING an SBS or SBR. "Making" means the same thing as "converting" an already manufactured shotgun, rifle OR pistol into a SBR or SBS. While you may, as a Maker, adopt the serial number of the original manufacturer (see ATF ruling below), you still have to put your name and place of making on the gun.
ONLY if the firearm is ORIGINALLY MANUFACTURED as a registered SBS or SBR by the original manufacturer and the manufacturer has REGISTERED it as an NFA item (and transferred it to an NFA dealer) and you BUY it as a registered NFA item do you NOT have to engrave anything. Just think of it like a suppressor. If you buy a suppressor from a dealer, the manufacturer has already documented it as an NFA item and it was transferred to the dealer as an NFA item. The same is true of SBRs and SBSs. If you bought the firearm as a non-NFA firearm, no matter how you go about it, short of returning it to the manufacturer for remanufacture as a registered NFA item, YOU become the "maker" if and when you convert the rifle to a SBR.
In short, if you put the SBR together from parts you buy, YOU are the Maker and must put the required info on the receiver regardless of what other markings there are.
If you DON'T do so, then you have failed to comply with the NFA and I suspect that your new SBR, even with the tax-stamp paperwork, is an illegal weapon and subject to confiscation. The BATFE trusts NFA firearms Makers to follow through and do the required marking. It doesn't require verification that you have done so. The reason they don't require verification (but easily could if we annoy them enough) is that it's YOUR butt on the line if you fail or neglect to do so, and if it comes to their attention (say by some cop who actually knows the law) they need only prosecute you for violating the law, in which case the firearm itself is both evidence of the crime and contraband.
It's really simple: If the manufacturer didn't build the gun as an NFA item, YOU are converting it and YOU are the "Maker" as defined by the GCA and must mark the firearm. End of story.
Here's the ruling from July 10, 2013 regarding the adopting of the original serial number:
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Office of the Director
Washington, DC 20226
18 U.S.C. 922(k): REMOVED, OBLITERATED, OR ALTERED SERIAL NUMBER
18 U.S.C. 923(i): IDENTIFICATION OF FIREARMS
26 U.S.C. 5842: IDENTIFICATION OF FIREARMS
26 U.S.C. 5861(h): OBLITERATED, REMOVED, CHANGED, OR ALTERED SERIAL NUMBER
27 CFR 478.92(a)(1): IDENTIFICATION OF FIREARMS
27 CFR 478.92(a)(4)(i): ALTERNATE MEANS OF IDENTIFICATION
27 CFR 478.112(d): IMPORTATION BY A LICENSED IMPORTER
27 CFR 479.102(a): IDENTIFICATION OF FIREARMS
27 CFR 479.102©: ALTERNATE MEANS OF IDENTIFICATION
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authorizes licensed manufacturers and licensed importers of firearms, and makers of National Firearms Act (NFA) firearms, to adopt the serial number, caliber/gauge, and/or model already identified on a firearm without seeking a marking variance, provided all of the conditions in this ruling are met. Licensed manufacturers seeking to adopt all of the required markings, including the original manufacturer’s name and place of origin, must receive an approved variance from ATF. ATF Ruling 75-28 is superseded, and ATF Industry Circular 77-20 is clarified.
ATF Rul. 2013-3
ATF has received numerous inquiries from manufacturers and importers of firearms, and makers of NFA firearms (makers), asking if they can adopt the existing markings that were placed on a firearm by the original manufacturer. They ask specifically if they may use the existing serial number, caliber/gauge, and model already placed on a firearm instead of marking this information on the firearm when they further manufacture or import the firearm.
Some firearm manufacturers and importers acquire receivers and assemble them into completed firearms for the purpose of sale or distribution. Others, including makers, acquire complete firearms and further manufacture them (e.g., re-barreling or machining the frame or receiver to accept new parts). In either case, the firearm is already marked with a serial number, original manufacturer’s name, model (if designated), caliber or gauge (if known), and place of origin. Many manufacturers, importers, and makers assert that marking firearms with their own serial numbers, calibers/gauges, and models, in addition
to the existing markings, is costly and burdensome. They also contend that multiple markings are confusing for recordkeeping and tracing purposes.
The Gun Control Act of 1968 at Title 18 United States Code (U.S.C.) 923(i) provides, in part, that licensed manufacturers and licensed importers must identify each firearm manufactured or imported by a serial number in the manner prescribed by regulation. The NFA at 26 U.S.C. 5842 provides, in relevant part, that manufacturers, importers, and anyone making a firearm shall identify each firearm manufactured, imported, or made by a serial number, the name of the manufacturer, importer, or maker, and such other identification prescribed by regulation. Title 27 Code of Federal Regulations (CFR) 478.92(a)(1) and 479.102(a) further require the licensed manufacturer, licensed importer, or maker of a firearm to legibly identify each firearm manufactured, imported, or made by engraving, casting, stamping (impressing), or otherwise conspicuously placing the individual serial number on the frame or receiver, and certain additional information - the model (if designated), caliber/gauge, manufacturer/importer’s name, and place of origin - on the frame, receiver, or barrel. Both regulations require the serial number to be at a minimum depth and print size, and the additional information to be at a minimum depth.
Further, the serial number must be placed in a manner not susceptible of being readily obliterated, altered, or removed, and not duplicate any serial number placed by the licensed manufacturer, licensed importer, or maker on any other firearm. Under 18 U.S.C. 922(k) and 26 U.S.C. 5861(g), it is unlawful for any person to possess or receive any firearm which has had the serial number removed, obliterated, or altered.
Under 27 CFR 478.112(d), licensed importers must place all required identification data on each firearm imported, and record that information in the required records within fifteen days of the date of release from Customs custody. As explained in ATF Ruling 2012-1 (approved January 12, 2012), it is reasonable for licensed manufacturers to have seven days following the date of completion (to include a firearm in knockdown condition, or a frame or receiver to be sold, shipped, or disposed of separately) in which to mark a firearm manufactured, and record its identifying information in the manufacturer’s permanent records.
Licensed manufacturers, licensed importers, and makers may seek approval from ATF to use an alternate means of identification of firearms (marking variance). The regulations at 27 CFR 478.92(a)(4)(i) and 479.102(c) provide that the Director of ATF may authorize other means of identification upon receipt of a letter application showing that such other identification is reasonable and will not hinder the effective administration of 27 CFR Parts 478 and 479.
ATF finds, under the conditions set forth in this ruling, that allowing licensed manufacturers and licensed importers of firearms, and makers to adopt the serial number, caliber/gauge, and/or model already marked on the firearm is reasonable and will not hinder the effective administration of the regulations. Multiple serial numbers are
confusing to licensees and law enforcement, and potentially hinder effective tracing of firearms. Licensees use the markings to effectively maintain their firearms inventories and required records. Law enforcement officers use the markings to trace specific firearms involved in crimes from the manufacturer, importer, or maker to individual purchasers.
The markings also identify particular firearms that have been lost or stolen and help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.
Often there is little space available on a pistol frame to mark the additional information, and the pistol barrel is enclosed by a slide. Thus, it is reasonable to allow licensed manufacturers and licensed importers to mark the slide with the additional information required by the regulations. Therefore, ATF also finds that marking the additional information (i.e., make, model, caliber/gauge, manufacturer/importer’s name, and place of origin) on the slide of a pistol is reasonable and will not hinder the effective administration of the regulations.
Held, pursuant to 27 CFR 478.92(a)(4)(i) and 479.102(c), ATF authorizes licensed manufacturers and licensed importers of firearms, and makers, to adopt the serial number, caliber/gauge, and/or model already identified on a firearm without seeking a marking variance, provided all of the following conditions are met:
1. The manufacturer, importer, or maker must legibly and conspicuously place on the frame, receiver, barrel, or pistol slide (if applicable) his/her own name (or recognized abbreviation) and location (city and State, or recognized abbreviation of the State) as specified under his/her Federal firearms license (if a licensee);
2. The serial number adopted must have been marked in accordance with 27 CFR
478.92 and 479.102, including that it must not duplicate any serial number adopted or placed by the manufacturer, importer, or maker on any other firearm;
3. The manufacturer, importer, or maker must not remove, obliterate, or alter the importer’s or manufacturer’s serial number to be adopted, except that, within 15 days of the date of release from Customs custody, a licensed importer must add letters, numbers, or a hyphen (as described in paragraph 4) to a foreign manufacturer’s serial number if the importer receives two or more firearms with the same serial number;
4. The serial number adopted must be comprised of only a combination of Roman letters and Arabic numerals, or solely Arabic numerals, and can include a hyphen, that were conspicuously placed on the firearm; and
5. If the caliber or gauge was not identified or designated (e.g., marked “multi”) on the firearm, the manufacturer, importer, or maker must legibly and conspicuously
mark the frame, receiver, barrel, or pistol slide (if applicable) with the actual caliber/gauge once the caliber or gauge is known.
Held further, licensed manufacturers seeking to adopt all of the required markings, including the original manufacturer’s name and place of origin, must receive an approved variance from ATF.
All prior rulings regarding the adoption of markings on firearms, including ATF Ruling
75-28 (ATF C.B. 1975, 59), are hereby superseded. ATF Industry Circular 77-20 is hereby clarified.
Date approved: July 10, 2013
B. Todd Jones Acting Director
