First Steps as a Type 10 - Questions related to 27CFR479

AMProducts · Jul 18, 2011

So the company I work for recently took the step of getting a type 10 FFL, our principle business is manufacture of ammunition and we got the FFL with the intent of developing a line of 40mm products. However, this is not where my question lies.

Since we have the type 10, the owner has expressed interest in building some AOWs, SBS's and suppressors for future development into products, we just got the license, and paid our SOT (02) this month, so while new products probably won't be out any time soon, I just want to make sure I have all the paperwork and steps correct.

As a type 10/SOT02 it seems most of the activities I outlined above would be covered by 27 CFR part 479, specifically subsections 102 and 103:

§ 479.102 How must firearms be
identified?

(a) You, as a manufacturer, im-
porter, or maker of a firearm, must
legibly identify the firearm as fol-
lows:
<SNIP>

and:

§ 479.103 Registration of fire-
arms manufactured.

Each manufacturer qualified un-
der this part shall file with the Direc-
tor an accurate notice on Form 2
(Firearms), Notice of Firearms
Manufactured or Imported, executed
under the penalties of perjury, to
show his manufacture of firearms.
<SNIP>

So just to double check my math here, when manufacturing any of these articles, I should mark them according to 27cfr 470.102 and then by the end of business the following day, I must file a form 2 (atf-f-5320-2) outlining the activities, at which point the ATF will then return tax stamps for the articles manufactured and documented with the form-2?

I appreciate your help

PinkhamR · Jul 18, 2011

Amp ....

Any inquiry relating to the status of an application to make or transfer an NFA firearm should be directed to the NFA Branch. Be aware that NFA registration information is classified as tax return information and any release by ATF is severely restricted. In general, only the applicant is entitled to the information.

How to Contact Us:

You may contact us at:

244 Needy Road
Martinsburg, WV 25405

Phone: 304 616-4500
Fax: 304 616-4501

Hours: 8 a.m. to 5 p.m. Monday through Friday (except federal holidays)

FortMoe · Jul 30, 2011

AMProducts said:
So the company I work for recently took the step of getting a type 10 FFL, our principle business is manufacture of ammunition and we got the FFL with the intent of developing a line of 40mm products. However, this is not where my question lies.

Since we have the type 10, the owner has expressed interest in building some AOWs, SBS's and suppressors for future development into products, we just got the license, and paid our SOT (02) this month, so while new products probably won't be out any time soon, I just want to make sure I have all the paperwork and steps correct.

As a type 10/SOT02 it seems most of the activities I outlined above would be covered by 27 CFR part 479, specifically subsections 102 and 103:

and:

So just to double check my math here, when manufacturing any of these articles, I should mark them according to 27cfr 470.102 and then by the end of business the following day, I must file a form 2 (atf-f-5320-2) outlining the activities, at which point the ATF will then return tax stamps for the articles manufactured and documented with the form-2?

I appreciate your help

Engrave weapon and fill out Form 2. They will send it back to you with a signature of approval. It will not have a tax stamp on it. File form 2 in your files as proof of registration.

AMProducts · Aug 2, 2011

Fortmoe,

Thanks for your information on this. ATF finally got back to me with some of this stuff, according to the people we talked to we don't get a signed copy back, just submitting the form 2 qualifies the weapons as registered. NFA branch is supposed to call me back this week to verify. The other thing I was curious about, is with the SOT, if we were required to pay any fee for the manufacture, and as long as our gross receipts this year are less than 500K$ (shouldn't be a problem

, we don't owe any additional taxes.

The other question we had was for outsourcing some of the production, and as soon as we file the form 2, it's an NFA weapon, regardless of whether final anodizing has been done, so we need to watch some of our process controls and make sure we're not getting anyone in trouble. (including ourselves)

RLW · Aug 2, 2011

AMProducts said:
Fortmoe,

Thanks for your information on this. ATF finally got back to me with some of this stuff, according to the people we talked to we don't get a signed copy back, just submitting the form 2 qualifies the weapons as registered. NFA branch is supposed to call me back this week to verify. The other thing I was curious about, is with the SOT, if we were required to pay any fee for the manufacture, and as long as our gross receipts this year are less than 500K$ (shouldn't be a problem , we don't owe any additional taxes.

The other question we had was for outsourcing some of the production, and as soon as we file the form 2, it's an NFA weapon, regardless of whether final anodizing has been done, so we need to watch some of our process controls and make sure we're not getting anyone in trouble. (including ourselves)

You should get a signed copy back. I always do. Make sure you keep a copy of the original that you send in. You would be in a bit of trouble if you had an inspection and you did not have a copy and for some reason they did not have record of the item. Sounds crazy, but I know someone who was inspected and ATF had no record of one of their suppressors. Fortunately they had the paperwork on hand and they contacted the dealer who they got the suppressor from who kept a copy of the form 3. You can always call and find out if it is registered.

Ryan

AMProducts · Aug 2, 2011

Ryan,

Yea, we were going to keep printed copies of the form 2's in the bound book just to be damned sure there was no confusion on what it was and where it went (along with any other supporting paperwork, form 3's etc). Since our biggest market is law enforcement, I don't think we're going to have as much overhead with ATF as some people do, but it never hurts to be damned sure when the alternative is prison time and fines.