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Who can legally work on my M2?


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I think I can have anyone work on it if I remain with It.

I think I can leave it with any Class III dealer or gunsmith/dealer.

 

If I ship to a class III dealer for work, do I have to fill out forms?

 

Links or statute numbers would be appreciated.

 

Thank you.

 

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Any FFL can receive a NFA item for gunsmithing without any transfer paperwork, they'll ask you to send a copy of your F4.

Hmm, I thought the gunsmith had to be a class 2 in order for them to receive and work on NFA weapons. I also thought the dealer had to be class 3 SOT and not just have a regular FFL lic so also interested in this subject and hope I am wrong.

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Any 01 FFL can do repairs/ gunsmithing, transfers, etc. of NFA items. Early in my days I had an 01 only and did transfers on it until I started spending over $600 on taxes, then I added an SOT to lower the tax burden. Back then max transfer times were about 45 days so the SOT was not a huge time saver like it is currently. HTH

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Must have at least an FFL01 to book in NFA for work. FFL01 is restricted to gunsmithing that does not fall under ATF's definitions of "manufacturing" for which an FFL07 is required. A form 5 temporary transfer is not required. Smith should have a copy of the owner's registration and an explicit letter authorizing the work to be done.
To be assured of being fully compliant, it is wise to have an FFL07/SOTII to engage in work on NFA. Just my opinion, but there are other real benefits to having that combination.
An SOTIII is for tax exempt receipt and disposition of NFA for sales, and does not have anything to do with smithing or manufacturing. The SOTIII complements an FFL01.

Yes, anyone can possess NFA that is not registered to them in the presence of the registered owner.

FWIW

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I am in New Mexico.

I want to have the weapon stripped of its plating and then have it parkerized.

I have had 2 plating shops tell me that they are forbidden to work on nfa weapons even if I am present.

One of them seemed reasonable and willing, if I could show the statute or rule that would allow it.

 

I found another shop that will strip the chrome chemically but want to bead blast the nickel and copper layers.

I would rather have it all stripped chemically.

I may have to do it myself.

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Any shop can do it in your presence, but if they are unwilling that's that.

Statutes don't allow things, they only prohibit them, so that's going to be tough.

 

I agree you want to chemically strip all of it, not only will bead blasting not reach everywhere, but the layers may cut through unevenly leaving surface issues. Most shops will have the ability to strip and plate all three of those. Doing that all at home may be a major project for process' that don't take long at the right shops.

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It should be transferred on a form 5, repair. Though it is not a requirment. 01 ffl

Can do the work as gunsmith is part of being an 01.

You do NOT need to file a F5 for gunsmithing, in fact if you call the ATF they will tell you not to do this for a repair/gunsmithing.

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I am not an ffl holder.

How can I get a letter stating what I can have done while I am in possession of it?

I think I can get one shop to strip it if I can show him that it was allowed.

Will the ATF provide me with a letter or must I be an FFL holder?

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FWIW;

 

You might have an easier time locally if you disassemble everything and have one of the reluctant shops do the stripping on everything but the barreled receiver, as they would just be parts. Then you only have to deal with that as an actual firearm.

 

If you are lucky, that funky muzzle brake is silver soldered or brazed in place, not welded. If so, some heat will allow it to be removed without damaging the barrel and the leftover braze or solder can be removed as part of the stripping process.

 

I don't think you will have much luck getting a letter from BATF. If they do respond, it will take a year to get the response and it will be so full of legalese you won't be able to tell what they actually said anyway.

 

Is there a local FFL that would be willing to take the M2 in as a repair and then they could bring it to the metal plating shop? It would cost a bit more to involve them, but at least it would get done locally.

Edited by DINK
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I guess I may have to find a local dealer or gunsmith to deal with it.

 

I just spoke to ATF in DC.

I explained that I was the registered owner and not an FFL holder.

They told me that anyone who worked on it had to have an SOT license. Even if I was present.

The guy I spoke to had a thick accent so maybe ATF is outsourcing support to Pakistan.

 

It may be worth my while to invest in a power supply, chemicals and plastic tanks to do it myself.

It isn't rocket science, just basic chemistry.

 

But according to ATF I need to get an FFl/SOT.

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That's the joy of verbal opinions from BATF- ask five people the same question and get eight contradictory answers, which they can disavow any time they like. They HATE to actually put things in writing, as it's harder to say "We didn't say that." but they will anyway if it suits them.

 

The frustrating part of it is that you can strip all the parts off the gun and be left with an ordinary M1 carbine barreled receiver that is an MG only because of that little numeral "2" on it. Without that legal status it's just another rifle and a plating shop would probably be happy to work on it if you hadn't mentioned that it was a registered MG.

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I have read the rules and statutes until I went cross-eyed.

I didn't find anything about what I can do.

It only regulates ffl holders.

I think the plating companies have been lied to by the regulators.

I should be able to do almost anything but manufacturing a new weapon.

ATF rule 2009-1 mentions painting or dipping for adding camo to a weapon but it only applies to licensed entities.

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Yeah, I tend to take an originalist view of these things. If there isn't a specific statutory prohibition on an action, it's legal. The problem is that BATF can enforce their "interpretation" of the statutes with the full force of the federal government behind them and they can squish the average citizen like a little bug if they want to. You have to choose your battles.

 

If BATF chooses to interpret such processes as Ceracoting, refinishing or engraving as "manufacturing", there's not much we ordinary folks can do about it.

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