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Old April 22, 2018, 04:35 PM   #1
Apple a Day
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Death of an NFA item- question

So I saw a video of someone shooting a rifle with a suppressor and the suppressor failed. It was deader than Elvis. At that point what does the owner have to do legally (if anything)? Does that have to be reported somewhere?
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Old April 22, 2018, 07:32 PM   #2
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Yes, to the ATF.

If its not reported, its going to stay on the books, and that could cause some bad feelings if you're ever asked to produce the registered item.

especially the further down the road you get. "that one? oh, it broke 8 years ago, so I just threw it out..." isn't going to go over real well with the Feds.

I can't point you to the specific law, section and line but I'm sure there's some kind of reporting requirement for "lost, damaged, destroyed, expended...(and stolen, too..)

The ATF deals in that kind of thing all the time, they understand stuff wears out and breaks. They also understand well, that things get used up. They also regulate bombs, grenades, rockets, artillery shells, tank gun ammo, and all similar things.

Here's an interesting tidbit, cannon, bazookas, tank main guns mortars, and such are NOT NFA items. However, each round of exploding ammo IS!!

And they have a process in place to account for people actually firing the rounds, and updating the registry. I knew a guy, decades ago who had a couple cases of legally registered hand grenades. Every year he would use 2 or 3 doing demonstrations. If I remember right (and its been ages), he said he just told the ATF where and when he used them up, and everything was cool. HOWEVER, he did have to tell them, and not wait a long time.
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Old April 22, 2018, 08:49 PM   #3
fourbore
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I know this is hypothetical, but; in the real world, I would have assumed the suppressor could and would be repaired. Worse case with a machinist help or returned to maker for what ever it takes to get it back to right.
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Old April 23, 2018, 01:27 PM   #4
dogtown tom
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Quote:
44 AMP Yes, to the ATF.
No such requirement in any Federal law or ATF regulation.


Quote:
If its not reported, its going to stay on the books, and that could cause some bad feelings if you're ever asked to produce the registered item.
Nothing ever leaves the NFA Registry.
ATF will never ask for you to produce the registered item, and why would they?
Federal law DOES allow a Federal agent to ask for your tax stamp.



Quote:
especially the further down the road you get. "that one? oh, it broke 8 years ago, so I just threw it out..." isn't going to go over real well with the Feds.
And why would they be asking? What law or regulation permits ATF to require the possessor of an NFA firearm to produce the firearm?



Quote:
I can't point you to the specific law, section and line but I'm sure there's some kind of reporting requirement for "lost, damaged, destroyed, expended...(and stolen, too..)
There is.....for licensed dealers, importers and manufacturers.



Quote:
The ATF deals in that kind of thing all the time, they understand stuff wears out and breaks. They also understand well, that things get used up. They also regulate bombs, grenades, rockets, artillery shells, tank gun ammo, and all similar things.
And they don't give a hoot what happens to an NFA firearm unless its recovered at a crime scene.


Quote:
Here's an interesting tidbit, cannon, bazookas, tank main guns mortars, and such are NOT NFA items. However, each round of exploding ammo IS!!
Who told you that nonsense?
While its true that exploding ammunition is NFA....a Destructive Deice includes several trpes of nonexplosive ammunition as well.
From ยง479.11 Meaning of terms:https://www.ecfr.gov/cgi-bin/text-id...9_111&rgn=div8
Destructive device. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon 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, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes; and (c) any combination of parts either designed or intended for use in converting any device into a destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army under 10 U.S.C. 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.





Quote:
And they have a process in place to account for people actually firing the rounds, and updating the registry. I knew a guy, decades ago who had a couple cases of legally registered hand grenades. Every year he would use 2 or 3 doing demonstrations. If I remember right (and its been ages), he said he just told the ATF where and when he used them up, and everything was cool. HOWEVER, he did have to tell them, and not wait a long time.
Just like when you change calibers on your SBR or convert your SBR to a Title I rifle, ATF requests that you notify them, but does not require notification.
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Old April 26, 2018, 10:17 AM   #5
TRX
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> Here's an interesting tidbit, cannon, bazookas, tank main guns mortars,
> and such are NOT NFA items. However, each round of exploding ammo IS!!

In the early 1980s a (correctly licensed FFL) friend acquired a LAW. Which, in due course, he used on a Buick. Score: General Motors 0, LAW 1.

About a year later the ATF was auditing him and asked where the LAW was. He told them he'd used it. Apparently this was an entirely new concept for that particular agent...
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Old April 28, 2018, 02:38 PM   #6
dajowi
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Years ago I dealt with an ATF agent by phone when trying to sell a subgun and suppressor. The barrel length of the gun and the serial number of the suppressor were incorrect in the federal records. The woman was so helpful and assisted in the correction of the information. Not the ATF I had expected.
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