Form 1 question

[Shooter McGavin]

Years ago I had a friend who has his class 3 license help me out with a few suppressors. Any way he did a form 1 for my SBR. He filled out the Form 1. Also, got the lower engraved. On the paper work he put down that his company was the manufacture of the SBR. My question is wouldn't the Trust be the manufacture of the SBR?

BTW all the paperwork passed and I have a tax stamp.

 

[2ndamendfan]

What does the engraving say? Trust or his company? Is his company part of the trust?

To answer your question, yea if it was a Form 1 then what ever entity you are should be the manufacture.

 

[Shooter McGavin]

What does the engraving say? Trust or his company? Is his company part of the trust?

To answer your question, yea if it was a Form 1 then what ever entity you are should be the manufacture.

He had it engraved with his company name.

That's what I thought. I'm surprised the ATF accepted the Form 1. So I'll just get it engraved with the trust name and city/state

 

[2ndamendfan]

Well if the form 1 says his company name. Then technically He should have done a form 4 to you.

Sounds like you have mess on your hands

Making the engraving match your trust isn't going to fix anything I think.

 

[Waorani]

Unless you are making receiver/action from scratch, manufacturer should be the original mfg of the rcvr/action (e.g., Remington, Aero Precision, etc).

 

[2ndamendfan]

Unless you are making receiver/action from scratch, manufacturer should be the original mfg of the rcvr/action (e.g., Remington, Aero Precision, etc).

He is correct. 4a should be original manufacture
3b should be entity applying to change it to SBR

engraving should match 3b

 

[kl3309]

Solution would be to return the thing to his possession, assuming he still has his FFL, and do a Form 4 to transfer it to you.

 

[armorpl8chikn]

Wouldn't it be great if we had some kind of amendment that said we could modify our firearms any way we like?

 

[2ndamendfan]

Wouldn't it be great if we had some kind of amendment that said we could modify our firearms any way we like?

Sure would be. You know where to find one?

 

[Shooter McGavin]

Well I just did another form one, well two, so I will just destroy the lower. I have another lower on a form 1 that I did so I am safe, hopefully from any problems. I have already removed all parts from the lower in question.

 

[Red_SC]

If he only did a Form 1, and it’s in his company’s name, then it should still be listed in his books as property of his company, and the ATF will expect him to have it if they audit him.

If he built it using his company name, he should have done a Form 1 when he built it, which is free with his SOT, then done a paid transfer (Form 4) to you. Did you pay the ATF $200?

 

[Maxduty]

I'd take it back to him and ask for my 200 bucks. That receiver is his company's, has been since approved.

 

[Shooter McGavin]

If he only did a Form 1, and it’s in his company’s name, then it should still be listed in his books as property of his company, and the ATF will expect him to have it if they audit him.

If he built it using his company name, he should have done a Form 1 when he built it, which is free with his SOT, then done a paid transfer (Form 4) to you. Did you pay the ATF $200?

Yes I paid the $200 and have the Tax Stamp which shows his company as the manufacturer and my Trust as the owner.

So, here's what went down I purchase a cheap SAA lower ($29.99) and had it shipped to him. He did the paper work and the engraving. No charge for the paper work and I forget how much the engraving was, but it wasn't much. I took the paper work and mailed it off to the ATF. After waiting, I received the Tax Stamp and the assembled the SBR.

What I don't get is why the ATF approved it, except he wasn't sure how to do the paper work and he called the ATF and asked how he should fill it out and they told him. I was unsure as it was my first SBR. The ATF should have been more helpful or rejected the paper work and had it done over. Now that I have done a few by myself it started to make me question this particular Tax Stamp that I have.

The biggest thing is I don't want to be screwed over for some paper work mistake that the ATF did and was no fault of my own. I get that the government doesn't give two fucks if it screws anyone over. I rather be out the $200 instead having the gov accidentally find out about the mistake and come after me.

 

[Shooter McGavin]

I'd take it back to him and ask for my 200 bucks. That receiver is his company's, has been since approved.

I don't believe he is in business anymore. I haven't spoken to him in years. A mutual friend told me things between them went south and he stop doing business with him years ago.

 

[Red_SC]

It sounds like he may have done it right. Are you sure your stamp is on a Form 1, not a Form 4?

 

[Shooter McGavin]

It sounds like he may have done it right. Are you sure your stamp is on a Form 1, not a Form 4?

Not sure right now. I'll check it later when I get home.

 

[Shooter McGavin]

Well I’m an idiot. He did a form 4. Had to find the small print on the bottom right and it was there. So I’m all good. Thanks for the help.

 

[Red_SC]

Good deal, sounds like you’re good to go.