Have you ever wanted to give someone a firearm as a gift, but you weren’t sure of the legal aspects of the transfer? The issue of giving a firearm as a gift is not as confusing as a person may think. Gifting a firearm is perfectly legal under the Gun Control Act (GCA. However, you must ensure that you follow the proper regulations.

One of the most important aspects of gifting a firearm is to consider if the recipient of the gift may or may not be prohibited from possessing a firearm. If the recipient is your child or a close relative, it would appear that you would know whether the person had ever committed a crime that would prohibit him/her from possessing a firearm. However, when it comes to casual friends and distant relatives, you need to ask that question.

A large portion of firearms gifts are prized possessions or family heirlooms. Many of these firearms will fit in the Curio&Relic (C&R) category or are antique firearms. C&R firearms are categories of firearms over 50 years of age or for some reason have been identified as collectable by ATF. C&R firearms are still regulated under the GCA. Antique firearms are firearms that were made before January 1, 1989, or firearms with antique ignition systems such as flintlocks, matchlocks, percussion caps, etc. Antique firearms are not regulated under Federal statutes and can be possessed by anyone of any age. There are certain states that regulate antiques under state law so you must ensure that if gifting an antique firearm it is lawful in the stat you reside in.

Under federal guidelines, a background check is not required for personal transfers of firearms. They can simply be handed over to the recipient. The requirement for a background check on transfers is only when purchasing a firearm from a licensed firearms dealer. However, in certain states, under state law, all handgun transfers and to some extent all firearms transfers, require the use of a dealer to facilitate these transactions. In those states, even the gift of a firearm to a family member would require that the transfer be made through a licensed dealer.

There are many people who hesitate gifting a firearm because of the confusion of what is a straw purchase. A straw purchase is when a firearm is purchased for a person that is prohibited from owning a firearm, or when there is intent to circumvent the regulations pertaining to the transfer of firearms. Giving a legitimate gift of a firearm is not a straw purchase.

If a person intends to purchase a new firearm from a licensed dealer and gives this new firearm as a gift, this is provided for in the Gun Control Act. When the firearm is purchased under these circumstances, the purchaser will complete a Form 4473 and undergo a background check. The purchaser must ensure that he/she checks question (11.a.) of the Form 4473 that he/she is the actual buyer of the firearm. Of course, the purchaser could always select a firearm and buy a gift card to cover the cost for the person he/she wants to give the firearm to. This person could then purchase the firearm and complete the required paperwork himself/herself.

When purchasing a firearm or giving a firearm to someone, the age restrictions are somewhat different. Under federal guidelines, a person must be at least 21 years of age to purchase a handgun or a firearm that is classified as an “other” from a licensed dealer. When purchasing a shotgun or rifle from a licensed dealer, the federal age requirement is 18 years old. When giving a firearm or making a private sale, the age restriction is 18 years for either rifle or pistol. Additionally, a person less than 18 years of age can possess a firearm with written permission from a parent or guardian, and it must specify a purpose, such as farming, hunting, or target practice

Conclusion:

With hunting season upon us and Christmas around the corner, if you want to gift a firearm don’t hesitate to do so. Ensure you follow all regulations, and if you have any questions, you can contact the local ATF office or the author of this article.

By Rick Vasquez

Shotgun VS. Firearm

Synopsis

Certain commercially-produced pistol-grip shotguns and firearms made from a shotgun receiver with butt extensions, do not fall within the definition of a “shotgun” under the National Firearms Act (NFA) or Gun Control Act (GCA). These smooth-bored firearms, designed to fire shotgun shells, are made with pistol-grips in lieu of buttstocks, and are not “shotguns” under the NFA or GCA. This analysis and conclusion is because they are not made from a system designed or intended to be fired from the shoulder. Provided that the overall length remains at least 26 inches, the length of the weapon’s barrel is immaterial. Such weapons are classified simply as “firearms” and are subject to all of the provisions of the GCA.

Under current law, if a person has a pistol grip firearm with a smooth bored barrel over 18 inches in length and an overall length exceeding 26”, that person can legally reduce the barrel length of a pistol-grip firearm to less than 18 inches. This modification cannot result in a firearm with an overall length of less than 26 inches. However, a shotgun that once had a buttstock attached but had the barrel shortened to less than 18 inches and a pistol grip added will be classified as an NFA firearm. A shotgun, having been designed and manufactured to be fired from the shoulder, having a barrel length of less than 18 inches, requires classification as a “weapon made from a shotgun.”

Regulations and statutes pertaining:

This classification is confusing, and it is important to understand the regulations to determine how the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) reached this classification. Especially since the design for the SIG Arm Brace, that is now being attached to shotgun receivers that appear to be “AOWs” or “weapons made from a shotgun”. According to the GCA, the term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. Additionally, under the definition of firearm 921(a) (4)(B), the term “destructive device”(DD); any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter. Therefore, a pistol grip firearm designed to fire shotgun shells with a bore larger than .50 caliber could not be classified as shotgun because it would have to be classified as a DD.

It is also important to note that the pistol grip firearm is not defined in the GCA or the NFA. So how did this firearm get a classification in which it would be a GCA firearm and not a DD? Simple, it was an ATF counsel opinion that pistol grip firearms designed without a buttstock, though not classified as shotguns and having a bore larger than .50 caliber, would be considered
sporting firearms.

Definitions that would apply under the National Firearms Act if this firearm were classified as a shotgun:

As defined in the NFA, 26 U.S.C. Section 5845(a), the term “firearm” includes:
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);

The term “any other weapon” (AOW) as defined in Section 5845(e) includes any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. In terms of AOWs, ATF has a longstanding policy setting an overall minimum length of 26 inches as the determining factor on whether a weapon (other than a pistol or revolver) is capable of being concealed on a person. No such policy has been established for a minimum length standard on a barrel even though 18 inches exists as the standard for barrels elsewhere in the NFA.

It has been determined that a firearm that has never had a buttstock attached—and has only been assembled and distributed as a pistol-grip firearm, designed to fire a shotgun shell, can never be classified as a “short-barreled shotgun” or “weapon made from a shotgun,” regardless of the modifications performed. However, this pistol-grip firearm would be properly classified as an AOW if the overall length is reduced to less than 26 inches. If only the barrel were reduced below 18 inches in length, but the overall length remained more than 26 inches, it would remain only a GCA firearm, and not an NFA firearm. Conversely, a pistol-grip shotgun that, at some point, had a buttstock attached, is properly classified as a “weapon made from a shotgun” when either the overall length falls below 26 inches or the barrel length falls below 18 inches. This creates a situation in which legal possession of a firearm depends only upon whether that firearm has ever had a buttstock attached. See below.

Description: Weapon originally manufactured with a pistol-grip in lieu of a buttstock
Barrel Length: 17 inches
Overall Length: 27.5 inches
Classification: GCA “Firearm,” not an NFA firearm, despite the 17-inch barrel

Description: Shotgun originally manufactured with a buttstock. The buttstock has been removed, a pistol grip added and barrel length reduced.
Barrel Length: 17 inches
Overall Length: 27.5 inches
Classification: NFA “Weapon Made from a Shotgun” (barrel less than 18”)

Firearms designed to fire a shotgun shell that utilizes a SIG Arm brace:

Enter the SIG Arm Brace. When you first view a firearm designed to fire shotgun shells with a SIG Arm Brace and a short barrel, you immediately scream, “How is it legal?” and “Why is it not an AOW?” The definitions in the GCA, NFA and regulations have been laid out to explain this final classification.

To manufacture this firearm so it will be regulated only by the GCA it can be accomplished as follows, in this order:

1. Start with a receiver that has never been a firearm.
2. Attach an extension to the rear of the firearm receiver to mount a SIG Arm Brace.
3. Attach a SIG Arm Brace.
4. Assemble a firearm designed to fire a shotgun shell with an extension on the receiver and an 8.5 inch to 17 inch long barrel.

The combination results in a firearm designed to fire shotgun shells with an overall length over 26 inches, not designed to be fired from the shoulder, and barrel of 8.5 inches (or other length between 8.5 and 17 inches). Since it is not a pistol, adding a forward pistol grip does not make it an AOW. (See ATF/FTIB classification letter on
Balk Aces website)

Conclusion:

If you purchase a pistol grip firearm designed to fire a shotgun shell, it can generally be determined by the model, such as a Mossberg Persuader or a Winchester Defender, that it is a legal firearm. If you are purchasing one of the newer variants that appear to be NFA with short barrels and SIG Arm Braces, and you want peace of mind, ask for the ATF opinion letter.

Mr. Vasquez was a former Marine and State Department employee for 24 years prior to joining ATF in 1999 where he was intimately involved with regulations governing firearms manufacturing, the National Firearms Act and firearms import and export policy for the past 15 years. While with ATF at FTB (where he served as a Specialist, Assistant Branch Chief and Branch Chief), Mr. Vasquez developed their Standard Operating Procedures, created firearms identification courses for law enforcement, wrote, reviewed and approved numerous firearms rulings, and provided firearms briefs for Congress. Mr. Vasquez was also instrumental in reviewing the National Firearms Act Trade and Collectors Association (NFATCA) for accuracy, and trained Customs and Border Protection (CBP) on the intricacies of importation guidelines and the recognition of unlawful imports.

By Rick Vasquez

Silencers have been regulated since the enactment of the National Firearms Act (NFA) of 1934. The NFA is under Title 26 of the United States Code, which is the tax code. In an effort to curb violence by organized crime hierarchies and celebrated criminals, congress wanted to regulate certain firearms with the passage of the NFA. The population at the time would not accept gun control, so to get around this congress passed a “making” or transfer tax of $200.00 on firearms that would be enumerated in the NFA.

Statutes and regulation regarding silencers

Until 1968 the only firearms regulations were the regulations in the NFA. In 1968, with the enactment of the Gun Control Act (GCA), firearms would now also be regulated by the criminal code and a silencer would be identified as a firearm. The GCA is Title 18 of the United States Code and this is part of the criminal code. Unlawful use of a firearm or possession of a silencer by a prohibited person would now also be a violation of the criminal code. As we previously stated the NFA is a tax code. Though there is a significant penalty to violate the NFA, Title 18 has more robust penalties for violations.

Prior to 1986 a silencer was simply defined as “a muffler or a silencer for any kind of gun whether or not such a gun is included within the definition of firearm in the bill”. The silencer definition remained unchanged until the passage of the Firearms Owners Protection Act in 1986 (FOPA). The definitions of silencer would now also include all of the separate components of a silencer. Definition of a firearm in in Title 26 enacted in 1934:

Since 1934 treasury regulations of the NFA, 26 C.F.R. §179.11 also defines silencer as “Muffler or Silencer. Any device for diminishing the report of a portable weapon such as rifle, carbine, pistol, revolver, machine gun, submachinegun, shotguns, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive, and is not limited to mufflers or silencers for “firearms” as defined.”

Definition of a silencer in 1968:
Title 18, U.S.C., §921. Definitions” (a) As used
in this chapter—
“ (3) The term ‘firearm’ means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (see PUBLIC LAW 90-618-OCT. 22, 1968)

With the passage of the FOPA the definition of silencer was expanded to include all of the components of a silencer. The GCA was amended with section 921 (a)(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication”.

There are multiple reasons of why the definition of a silencer was expanded. One of the prevailing factors was that because components of a silencer were not specifically called out in the regulations, components could and were being sold without any regulations. At many gun shows of the time a person could purchase all of the internal components of a silencer at one table and tubes/bodies at other tables, and be in possession of an unregistered silencer. Then this person (if desired) could Form the group of components as a complete silencer. Or the components could be assembled and enter the illegal gun market as an unregistered silencer.

Silencer components regulated

The definition of a silencer had now become very broad and has led to a variety of interpretations from ATF. There is confusion on what is classified as a silencer, how components of a silencer are defined, and how to make and register silencers; both by manufacturers and by individuals. To compound this confusion there have been opinion changes by ATF, there are different responses given by ATF personnel in the field, and there are arbitrary and incorrect instruction by ATF field personnel given to manufacturers of silencers.

For clarification each component of the definition will be explained.

• “any device for silencing, muffling, or diminishing the report of a portable firearm”. This section calls out silencers and objects attached to a barrel of a firearm that could muffle or diminish the report of a portable firearm. At one time anything with an expansion chamber (see terms at end of discussion) found attached to a firearm muzzle was classified as a silencer.
• “including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler.” There are parts that when observed appear to have but one use which is to use in the assembly or making of a silencer, such as spiral baffles or back baffles. The components in the device shown in a disassembled state appears to have no other purpose than to work as a silencer.
• “and any part intended only for use in such assembly or fabrication.”

If a component has only one use, which is to assemble or fabricate a silencer, that component would be regulated as a silencer. This portion of the definition led to a comical exchange with ATF on Chore Boy wire scrubbing pads and a silencer manufacturer (left unnamed). If a person purchases Chore Boy scrubbing pads at Home Depot they and Home Depot are not in violation of the NFA. If a person purchases 6 feet of 2” metal tube they are not in possession of silencer tubes (though I have heard a person in ATF say they were). However, if I take those scrubbing pads and roll them up to fit into a section of the metal tube, cut the metal tube into sections, and it can be proven the intent is to make components of a silencer then all of the rolls of wire and sections of the 6 foot tube could be defined as silencer components.

When weapons manufacturer SWD developed a conical threaded device for the purpose of accepting a soda bottle to act as a silencer the device itself was classified as a silencer. Because at the time this design was developed the opinion of ATF was anything that could muffle or diminish the report of a portable firearm, was attached to the muzzle of a firearm, it would be a silencer. The new goal of the manufacturer is to design an object that can operate in two different capacities. If your muzzle attachment can have two functions then it has a possibility of not being classified as a silencer. For example silencer companies are marketing muzzle brakes that have the same physical appearance of silencer baffle as a muzzle brake. (These have been submitted to ATF and have received a positive determination). If this muzzle device is later covered with a tube it will work as a baffle and need to be registered as a silencer. Since ATF has determined it has a dual use when used as a muzzle brake it is not a silencer.

Additionally, in recent times ATF has used “intent and “any part intended only for use in such assembly or fabrication” to make different classifications. If a soda bottle is attached to a firearm and is called a “solvent catcher”, ATF has held that this use of a soda bottle is not a silencer. Therefore, soda bottles and oil filters attached to muzzles and used as “solvent catchers” are no longer classified as silencers unless they are shot through (see ATF letter on solvent traps Kadiz Gun works). This has led to a plethora of muzzle attachments that can be used to attach oil filters, flashlight bodies, and any type of bottle imaginable being sold on the internet. If this muzzle attachment were fired through then it would be considered a silencer.

Making versus manufacturing of silencers

Under the GCA a person that is not prohibited from owning a firearm can make any firearm for personal use including firearms under the NFA. However, any firearm regulated by the NFA must be registered prior to being made, The NFA regulates the making or manufacturing of a specific group of firearms by tax registration. A maker and a manufacturer are separate categories under the NFA. A non-prohibited person can make NFA firearms for personal use without a manufacturer’s license, if that person follows the guidelines prescribed by the NFA.

“Title 26, U.S.C., § 5822 Making

No person shall make a firearm unless he has (a) filed with the Secretary a written application, in duplicate, to make and register the firearm on the Form prescribed by the Secretary; (b) paid any tax payable on the making and such payment is evidenced by the proper stamp affixed to the original application Form; (c) identified the firearm to be made in the application Form in such manner as the Secretary may by regulations prescribe; (d) identified himself in the application Form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph; and (e) obtained the approval of the Secretary to make and register the firearm and the application Form shows such approval. Applications shall be denied if the making or possession of the firearm would place the person making in violation of law.”

An individual is considered a “maker” when making an NFA regulated firearm. When making a personal firearm under the GCA, markings are not required to be placed on firearms. All firearms made or manufactured under the NFA, whether by an individual or a manufacturer, are required to be marked in accordance with Title 26, U.S.C., § 5842 Identification of Firearms and 27 CFR, § 479.102 How must firearms be identified.

Once you have applied on a Form 1 to make and register a silencer and received your approval you have the authority to make all of the components for one silencer. Though all components of a silencer are regulated, as a maker making one silencer, the serial number and marks of identification need only go on the completed silencer. As a note, if you are making the firearm under a trust the complete name of the trust must be used when marking your firearm. Since a trust is a legal name it cannot be abbreviated. When the silencer is complete, ensure all excess components are destroyed. Excess components would require marking.

Licensed manufacturers of NFA firearm have a much clearer path in the regulations. Once a person or entity is a licensed manufacturer under the NFA they may began making NFA firearms. Manufacturers can make silencer components and stockpile these components without recordkeeping, as long as they are not assembled into a complete silencer. Components of silencers do not have to be recorded on a Form 2 while stockpiled and are not required to be marked and transferred on a Form 3 when shipped to another NFA manufacturer. If you ship silencer components to another manufacturer, ensure you are not transferring a complete silencer in an unassembled state. When shipping a complete silencer you must record it on a Form 2 and transfer it on a Form 3, 4, or 5 depending on the end user.
Unfinished components

As with firearms manufacturers subcontracting work on firearms receivers, manufacturers of silencers attempt to subcontract work to machine shops with equipment in place. The issue is: when does a piece of metal become a silencer? Because of this portion of the definition “and any part intended only for use in such assembly or fabrication,” a person must be cautious when making components. When investing into this type of practice you must verify with ATF whether the item you are making has reached a stage of manufacturing in which ATF would call it a silencer.

Conclusion:

The owning, making, or manufacturing of silencers is regulated but not prohibited. Ensure you follow all prescribed regulations and statutes governing silencers.

Silencer terms from ATF and Association of Firearms and Tool Mark Examiners

Absorbent: Material used to slow and cool gases emitted during the discharge of a firearm, thus dampening sound.
Action: See MECHANICAL NOISE.
ANSI Standard: Type of sound field standard used when measuring sound in a diffuse field.
Back Baffles: A type of baffling system in which disclike baffles permit gases to escape both backwards and forwards from an expansion chamber.
Baffles: Components of a silencer, usually discs, washers, wafers, etc., which slow the flow of gas by allowing it to expand within small compartments: See BAFFLING SYSTEM.
Baffle Spacers: See SPACERS.
Baffling System: Series of baffles designed to restrict the passage of gas generated during the discharge of a firearm. Can be made of metal, rubber, cork, leather, plastic, etc. and can be conical, flat, or spiral in shape. See BAFFLES.
Ballistic Crack: See SONIC CRACK.
Barrel End Support: Structure which aligns the trajectory of the bullet in both the barrel of the gun and the silencer.
Bleed Holes: Holes drilled in the barrel of a firearm which permit gases to escape into a silencer, thereby decreasing ballistic pressure and reducing the velocity of a bullet to a subsonic speed. Also called GAS PORTS, PORTING, PORT HOLES.
Bleeding: Escape of gases through bleed holes. See BLEED HOLES.
Blowby: Leakage of gas around a bullet fired through the baffles in a silencer which is generated by the difference in diameter between the bullet and holes in the baffles, thus permitting the gas to precede the bullet out of the silencer.
DeciBel: Logarithmic unit equivalent to 1/10 of a Bel which describes the amount of change in sound intensity, power, or current. Abbreviated dB.
DeciBel Meter: Calibrated instrument used to measure sound pressure level in deciBels.
End Cap: Sealed distal portion of a silencer through which the bullet and escaping gases pass.
Entrance Chamber: In some silencers, a first chamber which may contain absorbent materials.
Exit Chamber: In some silencers, a last chamber leading to an endcap which blocks and deflects blow-by gases.
Expansion Chamber: Space within a silencer which allows escaping gases to slow, diffuse and cool.
First Round Flash: Muzzle flash generated by secondary burning of residue gases and propellants due to oxygen present in a silencer when the first shot is fired.
Free Field: Environment in which sound does not reflect from any surface, but is emitted equally in all directions.
Gas Ports: See BLEED HOLES.
Housing: See SILENCING TUBE.
IEC Standard: Type of sound field standard used when measuring free fields of sound. See FREE FIELD.
Jet Noise: Sound created within a silencer by the turbulence of escaping gases.
Kfactor In some sound meters, a correction factor which is added to all measured values.
Leq: When measuring sound levels, the average sound pressure level produced during the period of measurement.
MAC: Acronym for Military Armament Corporation, one of the original producers of modern silencers.
Mechanical Noise: Noise produced by mechanical movements within a gun, such as trigger pull and hammer drop, to fire a round. Also called ACTION.
Microphone: Electroacoustic transducer which converts the energy in sound waves to electrical energy which can be more easily displayed and analyzed, as by an oscilloscope. Also see TRANSDUCER, OSCILLOSCOPE.
Muffler: See SILENCER.
Muzzle Blast: Noise occurring during the discharge of a firearm as a result of the rapid expansion of gases leaving the muzzle.
Oscilloscope: Electronic instrument utilizing cathode ray tubes to produce a waveForm display showing the relationship between time and the amount of sound produced or between two other variables.
Outer Tubing: See SILENCING TUBE.
Port Holes: See BLEED HOLES.
Porting: See BLEED HOLES.
Primer Initiation: Sound produced by the leakage of some propellant gases backwards Pulse around the cartridge case during the firing of a gun.
Report: Combination of sounds produced by the discharge of a firearm, including but not limited to mechanical noise, sonic crack; and muzzle blast.
SEL: Abbreviation for sound exposure level. See SOUND EXPOSURE LEVEL.
Silencer: Defined by the Federal Firearms Regulations Reference Guide as any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. Also called SOUND MODERATOR, SOUND SUPPRESSOR, MUFFLER, SUPPRESSOR, NOISE SUPPRESSOR, MUZZLE SUPPRESSOR.
Silencer, Auxiliary: A silencer which can be removed from or attached to the muzzle of a firearm. Also called MUZZLE SILENCER. Contrast with INTEGRAL SILENCER.
Silencer, Barrel: A silencer which surrounds the barrel of a weapon.
Silencer, Disposable: A silencer which decreases in effectiveness after each use and must be cleaned or replaced frequently.
Silencer, Eccentric: A silencer in which the trajectory of the bullet is offset from the center of the silencer so as to permit use of the original sights on the firearm. Also called OFFSET SILENCER.
Silencer, Homemade: A silencer fashioned from readily obtainable materials; an improvised silencer.
Silencer, Integral: A silencer which is a component part of a firearm and is carried while attached to the gun. Contrast with AUXILIARY SILENCER.
Silencer, Internal: A silencer housed inside the barrel of a weapon which is fired using subcaliber ammunition. Also called INTERNAL BARREL SILENCER.
Silencer, Internal: See SILENCER, INTERNAL. Barrel
Silencer, Muzzle: See SILENCER, AUXILIARY.
Silencer, Offset: See SILENCER, ECCENTRIC.
Silencing Tube: Portion of a silencer which encapsulates all components of the silencing unit and which contains and controls the expansion of escaping gases. Also called HOUSING, OUTER TUBING.
Sonic Boom: See SONIC CRACK.
Sonic Crack: Sound made by the shock waves of a bullet traveling faster than the speed of sound. Also called BALLISTIC CRACK, SONIC BOOM.
Sound Exposure Level: Abbreviated SEL. When measuring sound, a level which, when maintained for a one second interval, is equivalent to the total acoustic energy generated by the measured noise.
Sound Moderator: See SILENCER.
Sound Pressure Level: Measure of variation in atmospheric pressure resulting in a sound to level which the ear responds. Measured by a sound level meter in decibels.
Spacers: Used to separate the baffles in a silencer in order to trap expanding gases. Also called BAFFLE SPACERS.
SPL: Acronym for Sound Pressure Level.
Subsonic: Traveling more slowly than the speed of sound (< 1100 fps).
Suppressor: A type of silencer which reduces muzzle blast by decreasing the velocity of escaping gases but maintains a bullet’s high velocity. Also called MUZZLE SUPPRESSOR, NOISE SUPPRESSOR, SOUND SUPPRESSOR. See also SILENCER, MUZZLE BLAST.
Suppressor, Baffle: Suppressor containing metal baffles which typically does not mark the bullet fired through it. Does not produce forensic evidence on the bullet which would allow determination of the type of silencer used. Contrast with W1PE SUPPRESSOR.
Suppressor, Noise: See SILENCER, SUPPRESSOR.
Suppressor, Sound: See SILENCER, SUPPRESSOR.
Suppressor, Wipe: Suppressor containing discs with holes smaller in diameter than the bullet passing through them. Results in markings on the bullet which can be utilized in forensic examination to determine the type of silencer used but may deForm original markings produced by the passage of the bullet down the gun barrel. Contrast with BAFFLE SUPPRESSOR.
Threaded Collar: Region of an auxiliary silencer used for attachment to the muzzle of a firearm.
Transducer: Device, such as a microphone, which transForms energy from one Form to another. See MICROPHONE.

By Rick Vasquez

Flash Suppressor, Muzzle Brakes & Muzzle Attachments And the Assault Weapon Ban

In October of 1994 as part of the Violent Crime Control and Law enforcement Act, what has become known as the semiautomatic assault weapon ban (SAW) was passed. The Gun Control Act (GCA) was modified with section 922(v) which prohibited the possession and manufacturing of certain Assault Weapons and firearms with certain features. Some of those prohibited features were flash suppressors and barrels threaded to accept a flash suppressor.

September 13, 1994: SAW Ban enacted by PL 103-322, Title IX, Subtitle A, section 110105 The Violent Crime Control and Law Enforcement Act was enacted on September 13, 1994, and established the definitions of assault weapons firearms and the features that constitute semiautomatic assault weapons. If a complete firearm fitting any of these definitions was in existence on or before the date of enactment of this Law, then it was “grand fathered.” This means that it would be lawful to possess or transfer. The law had a sunset provision in which at the completion of 10 years from the date of enactment the law could expire or the president could extend it or make it permanent. As we all know it was allowed to sunset. However, there are states that began implementing their own SAW ban. Some states adopted the parameters set by the original SAW ban but other states have become creative and have implemented their own interpretation of SAW ban.

One of the areas of study is the state SAW ban laws and to provide information to persons so they do not get caught up in a state violation, which is generally a state felony. In communicating with the states that have restrictions on firearms features it is obvious the personnel that are administering these laws to the citizens have little to no idea what they are doing. This is not true of all of the states but from the numerous calls I have made to the state firearms experts it is obvious that you are rolling the dice to a state felony if you do not understand these laws yourself.

Flash suppressors, muzzle brakes and threaded barrels:

What is a flash suppressor and what is a muzzle brake? All of the gun gurus are saying that is easy; a flash suppressor is designed to hinder the flash and a muzzle brake is a device to help with muzzle rise. You get an “A”. But can they be the same? How much flash must be reduced before it is considered a flash suppressor and not a muzzle brake? What is the standard and who performs a flash test? When shipping a rifle to a state with prohibitions on features, or you are purchasing a rifle with in a state with prohibitions on features, you need to know these answers. Additionally, there are flash suppressors that also function as grenade launchers and bayonet mounts.

While at a trade show in Harrisburg, PA there was a vendor that was selling H&K rifle copies and AK rifle copies that he was advertising as “New Jersey compliant.” The only modification the vendor performed on these weapons was to pin the military flash suppressor in place on the rifles he was displaying. Regardless of the lack of gun knowledge the state administrators have, there are knowledgeable gun people and sooner than later many of these gun owners will be placed in a precarious situation. The following photos demonstrate flash suppressors from 2 different models of firearms:

Most NATO firearms have flash suppressors of the same diameter to accommodate universally sized rifle grenades. If the flash suppressor is not of the proper diameter of the rifle grenade such as FALs and M14 rifles with narrow flash suppressors, then they are equipped with a detachable attachment that slides over the flash suppressor and the grenade will slide over the muzzle attachment. When a state prohibits a grenade launcher it isn’t the M203 grenade launcher or other rifle mounted grenade launchers, because the likelihood of someone transferring an M203 on an AR15 is pretty slim. It is the flash suppressor/grenade launcher identified in the original assault weapons ban. Yet, when you ask the administrators at the state level what is a grenade launcher they cannot explain that the military flash suppressor is a grenade launcher. One state in particular when asked to explain the features as applied in his state told me, “that is a legal question and if you want an answer you need to hire an attorney and appeal for an answer to the attorney general’s office”. This was from the lead detective in charge of the office.

Concerning the practice of pinning a muzzle brake in place, the purpose of pinning the muzzle brake to the barrel is to mask the threads. A banned feature is a threaded barrel that is compatible to accept a military flash suppressor. Once a muzzle brake or thread protector is pinned in place the barrel is no longer considered threaded. In all of the research of all of the state laws and speaking to many personnel not one has been able to give me a standard of what is considered permanently attached. If a person were to look for a standard the best practice would be to use what the ATFE has established for many years. Permanent attached means: “full fusion weld (stick, tig, mig) brazing, silver solder that has at least an 1100 degree melting point, blind pin or set screw welded over”. These methods have always given positive results for permanent attachment.

Testing of a flash suppressor:

With the enactment of the SAW ban ATFE did not have a test protocol to evaluate the reduction of flash of a muzzle attachment, when fired. A protocol was not developed until 2002. This protocol was based on the procedure utilized by the U.S. Army Test and Evaluation Command at Aberdeen Proving Grounds. The procedure developed was to compare the flash of a firearm without a flash suppressor, against the firearm with the flash suppressor, and any submitted muzzle attachment for a particular model of weapon. This test procedure is consistent with the procedure utilized by the U.S. Army Test and Evaluation Command, Test Operations Procedure (TOP) 3-2-045.

The following is the test protocol that was developed:

1. A measurement and description is taken of each muzzle submitted for evaluation. The outside diameter of the muzzle attachment must be larger than .865 of an inch, which is the diameter that will accept a muzzle-mounted grenade.

2. Photographs will be taken of the muzzle attachment attached to a firearm while being fired in
complete darkness.

3. A grid, measuring 24 inches by 24 inches and made of 1/4-inch metal rod spaced two inches apart, will be placed 4 inches behind and centered on the muzzle attachment.

4. Take three separate sets of test photographs. Two photographs of each test process.

• The test weapon will be first photographed without any muzzle attachment.
• The test weapon will then be photographed with the submitted muzzle attachment.
• The test weapon will then be photographed with the military style flash suppressor that is a component of the test weapon.
• The photographs will be compared, using the grid as a reference, and a determination will be made as to whether the item is a flash suppressor or muzzle brake.
• Measure the size of the flash spread of each test fire by counting the grid lines.

Document the Camera utilized:
Camera: Nikon D80, digital SLR
Lens: 18-75mm
Ammunition: Federal (Federal ammunition has been used in all previous tests)
Exposure length: bulb
Distance from camera lens to muzzle: 60 inches and level to the muzzle.

Once the test is complete there is not any standard to say if the flash spread was reduced by so many inches, the muzzle device would or would not be a flash suppressor. This is subjective. However, from personal experience military flash suppressors reduce the flash of a rifle a considerable amount. It was an eye opener to see just how well many of these flash suppressors worked. On the other hand there was never a true muzzle brake capable of reducing the flash a sufficient amount to be called a flash suppressor.

Conclusion:

Certain states have implemented a SAW ban in an attempt at a modified gun control. If you reside in one of these states, or you provide commerce in firearms in one of these states, and you intend to own or sell firearms, it is imperative you understand the firearms laws for your state. Failing to do so could put you in possession of a physical feature of a sporting firearm of which you could be convicted of a State felony.

By Rick Vasquez

“80% Receivers” Myths and Truths

INTRODUCTION

In the world of firearms there are many unique firearms and many techniques in which a firearm can be made. A modern trend in the manufacturing process of firearms is to use what is called an “80% firearm receiver,” which is a partially complete casting or metal form that resembles a firearm. Recent opinions and rulings from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have created controversy on whether or not it is legal to make firearms from these items. In the following article, we will dispel the myths and elaborate on the truths of the laws and regulations pertaining to these so-called 80% firearms receivers.

What is an 80% receiver?

For ATF regulatory purposes there is no such thing as an 80% firearm receiver. It is either an item that is not classified as a firearm or an item that has reached a stage of manufacturing in which ATF can classify it as a firearm. It is ATF’s responsibility, based on statutes and previous classifications, to subjectively determine if an item can be classified as a firearm. Additionally, all machining processes are not required to be completed to be classified as a firearm. When a laymen thinks of a firearm they think of a weapon that can be loaded with a cartridge mounted in the hand or shoulder and fired. Also, it can be a weapon completely dis-assembled and the weapon is a bare receiver with all of the correct mounting holes to assemble a complete firearm. On the other hand a partially complete casting can neither be loaded to shoot nor assembled with components to fire a shot. So what is it called if it’s incapable of function as a firearm as defined by conventional standards?

Historically the basis of where this “80% receiver” concept originated is twofold. First, manufacturers are always trying to find ways to save money in the manufacturing processes. If a manufacturer could purchase a partially complete firearm casting or forging from a metals distributor they could cut cost by reducing their manufacturing time and personnel. Second, hobbyists want to tinker and make their own firearms from scratch. So if they could start with an object where specialized tools were not needed they could make their own firearm. To ensure that castings they were making were not firearms, these manufacturers began sending casting/forgings, or machined objects in various stages to ATF to determine if they had not been completed minimally enough so as to not be classified as firearm.

To understand the basis of these classifications it is imperative to understand what is defined as a firearm under federal statutes and the basis for ATF’s classification. A firearm is defined under Title 18, United States Code, section 921(a)(3) as follows:

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device.

Such term does not include an antique firearm. To understand the classification of these partially complete castings/flats, and for simplicity they will from here forward be called an “80% receiver”.

When a person or industry wants a formal classification of an item related to firearms it is sent to ATF’s Firearms Technology and Industry Branch (FTIB). Using the definitions of firearm in the Gun Control Act, The Code of Federal Regulations and previous classifications FTIB will render an opinion on whether the item submitted is a firearm or not. Two of the main portions of the definition of a firearm used in an opinion are: is it readily convertible or has it reached a stage in manufacturing in which it could classified as firearm receiver. It does not have to be complete to be regulated as a firearm receiver.

These items are submitted to FTIB and the technicians evaluate the items for ease of converting to fire a cartridge or in the case of 80% receiver, could it be converted to a firearm receiver with basic hand tools and a limited amount of time. These are critical opinions because of the regulations governing the commerce of firearms. Often FTIB is criticized for the opinions they make on the classification of an item. If FTIB is too rigid in their analysis they are criticized by the firearms industry and hobbyists. If they are too lenient in their opinions then they are criticized from the legislatures. Generally, as can be seen by what has been called an 80% receiver the technicians at FTIB are more than fair. Once an opinion has been gained that the item is not regulated as a firearm and it can be sold and distributed as an 80% receiver, a non-firearm.

Types of 80% receivers

There are many types of 80% firearms being marketed but we will focus on the two which have created the most impact, and that is the AK type and the AR type. Many manufacturers of these items do not receive an opinion from ATF and simply make their 80% receiver based on ATF opinions other manufacturers have posted online, or simply cut certain areas of a casting and call it an 80% receiver. For AR 80 percenters there are solid castings that are equal to a solid piece of aluminum with no machining completed, just poured or cast into the shape of an AR receiver. Then there are a variety of partially machined castings identified as 80% receivers. In the AK family there are raw channels in the shape of an AK receiver without any machining, frame flats with all of the necessary holes drilled in that can be bent into the shape of an AK, and channel centers that replace the center of an AK receiver. These are the 80% receivers that have been classified by ATF as non-firearms and can be sold without any transfer requirements. Of course there are the 80% receivers being marketed that are actually classified as firearms.

All Photos taken by RV

A raw casting is a solid piece of aluminum molded into the shape of a firearm. The vast majority of raw castings being marketed are for AR type firearms. These castings are very inexpensive and manufacturers with advanced CNC machinery purchase these to make a complete AR type receiver. They are generally not purchased by the home builder because they require time consuming milling operations.

80% percent receivers are not as easy to complete as you may believe. Many of the major cutting operations are completed on an approved 80% receiver. Generally you need at the minimum a desk top mill/drill and a set of receiver guides to ensure all of the holes you drill are aligned, and all the metal required to be milled out is correct. Remember, in accordance with ATF instruction any cutting, drilling or milling on this 80 % receiver makes it a firearm. (ATF letter of instruction https://www.atf.gov/content/contact-us/pressroom/receiver-blanks-Q%26As)

Generally an AK Channel is a channel bent and shaped as an AK receiver. It does not have any holes or dimples because ATF counts dimples as holes. A person would glue a sticky back template to the channel then drill out all of the holes necessary.

The 80% AK flat can be bent with bending guides readily purchased on the internet. There are not any specialized tools other than a hydraulic press needed to bend one of these flats. All assembly holes are in proper location. Once a flat is bent into the shape of an AK receiver it becomes a firearm; THIS IS A FIREARM!

Can I make my own firearm and what are the regulations?

Many questions and urban legends come up when an individual without an FFL starts thinking of making a weapon for himself. Is it legal to complete an 80% receiver into a firearm? And what other concerns should I have in building a personal firearm such as placing marking? The answer is: it is absolutely legal. Under Federal regulations an individual can make any firearm regulated by the Gun Control Act (GCA) without a license or authority from ATF. The GCA regulates all firearms but generally sporting firearms are what a person is going to build for personal use. Additionally there are no marking requirement for an individual to mark a firearm made for personal use which is regulated solely by the GCA. However, Firearms regulated by the National Firearms Act (short barrel rifles, silencers, etc.) can only be made when authority has been granted from ATF through the proper application to make a NFA firearm.

The marking requirements under the GCA are found in the Statute and in the Code of Federal Regulations. These requirements do not tell you that an individual does not have to mark a personal use firearm but it tells you who must mark a firearm and how. This is the statute or the law and does not indicate an un-licensed person has to mark a firearm he makes for his own use: Title 18, U.S.C, section 923(i) Licensed importers and licensed manufacturers shall identify, by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer. (Page 23 firearms regulations guide)

The additional marking requirements are found in Title 27, Code of Federal Regulations, § 478.92 How must licensed manufacturers and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices? (a) (1) Firearms. You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported as follows: (i) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver. 1 The regulation expand the requirements and explain that a manufacturer and or importer must apply the manufacturer/importers name, model if assigned, caliber or gauge and city and state where the manufacturer is located. Add country of origin for an imported firearm. (Page 50 firearms regulations guide) Once again the regulations found in 27 CFR do not require a firearm made by an unlicensed individual to be marked in any manner. If you decide to make a firearm for personal use ensure there are no state restrictions on the firearm you intend to make prior to beginning your build.

ATF Ruling 2015-1

Because of the frequency that ATF has seen 80% receivers made into firearms and used in trafficking schemes, ATF posted ATF ruling 2015-1. This ruling has redefined the definition of a firearm and the definition of manufacturing. FTIB wrote in its previous opinion that once an object was approved as an 80% receiver any modification even as simple a drilling an indexing hole would turn that 80% receiver into a firearm. Possessors of these 80% receivers would drill or mill a hole then according to ATF it became a firearm. These new firearms were then taken to gunsmiths or machinists and completed on professional machinery. With ATF ruling 2015-1 this process has now been classified as a manufacturing function. If you take an 80% receiver to your gunsmith to complete they will be required to be licensed as a manufacturer, mark it with all required markings, and then transfer it to you to complete all transfer requirements. This ruling has not been challenged but signs indicate it will be challenged in the near future.

Making and selling firearms without a license

There are those who believe they have found a niche in which they can make and sell firearms from 80% receivers to make a few dollars. Though the regulations authorize a person to liquidate a personal collection without a license, the act of intentionally making firearms for sale requires a license. The regulations specifically state that if you are manufacturing firearms for the purpose of commerce you must be licensed: Title 18 U.S.C. 922(a)(1)(A) It shall be unlawful – for any person – except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce. The regulations also defines a manufacturer as: 18 U.S.C. 921(a)(10) The term “manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term “licensed manufacturer” means any such person licensed under the provisions of this chapter. This is a fairly broad net that a person can be caught in if they are making firearms without a license and then selling the firearms. If you make 1 firearm with the intent of selling it for profit you could theoretically be charged with manufacturing/dealing without a license.

As previously stated there is no restriction for selling personal weapons nor is there a time limit that you must have possessed a weapon before it is sold. However, FFLs are restricted on the time limit of transferring a personal weapon they transferred to themselves from their license. The regulations in 27CFR, section 478.125a, restrict a dealer from selling firearms from his personal weapons collection until it has been in his personal records for 1 year (Page 66 firearms regulations guide). There have been incidents in which ATF personnel have told individuals that if they made their own weapon they could not sell it until they possessed it for one year. This is incorrect as there is nothing in the regulations or statutes in which this is stated. That being said there have been several cases brought against individuals because they either did not understand the regulations or they disregarded the regulations. If you intend to make and sell firearms you must be licensed and you must abide by all regulatory requirements such as marking firearm and keeping good books.

What are the issues created by making unmarked and distributing unmarked firearms from 80% receivers?

For the personal firearm builder that likes to tinker there is no issue. A few of these unmarked firearms made by hobbyists enter the market annually. The larger issue that has brought scrutiny on these homemade firearm is the trafficking of unmarked AR and AK type firearms made from 80% receivers. Criminals do not abide by firearms laws and their misuse of firearms creates notoriety for the law abiding citizen. Firearms made from 80% receivers have become a weapon of choice for traffickers.

Traffickers are continuously attempting to acquire firearms to maintain control of their drug market and area of operation. Continuously using straw purchase techniques and purchasing used guns is a time consuming exercise. What if it were possible to set up a facility to purchase 80 % receivers both AK and AR type, purchase parts that have no control or regulations, and begin making their own firearms? This has happened and will continue to happen. There have been many major investigations by several law enforcement agencies on organized operations making thousands of AR and AKs that were either already delivered or being made to be delivered to trafficking organizations.

Everything about making a firearm without regulations is not unique to the tinkerer that wants to create their own weapon. It is also point of interest to the trafficker that wants to acquire firearms that are untraceable or are easy to acquire. From personal observations this is not hype on the misuse of these homemade firearms. In my previous experience I had the great opportunity to support U.S Law enforcement and foreign law enforcement in identifying firearms used in criminal activity both in the U.S. and throughout Central America, Mexico and Colombia. These homemade firearms are becoming prolific in each of these countries.

Conclusion

If a person is interested in making a firearm for personal use you are well within your rights to do so. When you decide that you want to make firearms to sell you should ensure you understand all Federal and State regulations prior to beginning your endeavor.