How do the folks on here feel the passing of the SHARE act would effect the manufacturing laws for silencers? Would the tax stamp and application still be required or will it be more lax?
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How do the folks on here feel the passing of the SHARE act would effect the manufacturing laws for silencers? Would the tax stamp and application still be required or will it be more lax?
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Since they would essentially be in the same classification as a "firearm" my assumption is a manufacturers FFL would be needed. Under that you can get approval to manufacture a firearm w/o the FFL but it involves paperwork and, I believe(?), paying the 11% Robertson/Pittman tax.
Larry Gibson
“Deficient observation is merely a form of ignorance and responsible for the many morbid notions and foolish ideas prevailing.”
― Nikola Tesla
This is a very general answer because there are some things you can legally own but can't legally build yourself.
At a Federal level if you can legally own it, you can legally build it for your own personal use and can even will it to family members. In theory you can even sell a firearm you built yourself but it's a bit vague exactly how you prove that you didn't build it to intentionally sell or how long of an ownership period must pass before you can sell it or how many you can build before the BATFE decides you are now a manufacturer.
At a state level it varies from state to state, I don't know the laws of every state but California comes to mind as one of them that has more restrictions about home building firearms than other states.
You can home build a suppressor now if your state laws allow it, you just have to file a Form 1 and pay the $200.00 tax then wait for the approval before you start building it.
If, big IF they treat them like a normal firearm, then in theory they wouldn't be any different than home building any other firearm...BUT who knows with BATFE they can't be predicted since they use no form of logic to read there own regulations or interpret the laws congress/president pass concerning them.
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Last edited by Smoke4320; 09-16-2017 at 04:17 PM.
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Last edited by KenH; 09-16-2017 at 05:52 PM.
From this article it does seem like a suppressor would be treated like any other firearm - but doesn't say. From this link: https://goo.gl/rfq6eY
“(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer.”.includes language to drop suppressors from National Firearms Act regulation. While doing away with the $200 transfer tax established in 1934 and refunding stamps paid over the past two years, it mandates the devices be considered Title I weapons, enabling their transfer after a simple National Instant Criminal Background Check.
In reading the actual SHARE text, I don't see where it mandates a silencer to be considered Title 1 items. Here's what SHARE actually says:
I expect it's buried somewhere in this section(a) In General.—Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “; and (7)”.
This is possibly where the Title 1 weapon comes in.“(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer.”
Ken H>
You may legally build any non nfa firearms for yourself. You may not build them for sale, you may however later sell it off but it must have a serial # to do that. I would just destroy it instead of selling it.
I held an 07 manufacture license a few years ago in my shop till I retired.
That would be fantastic if it was that way it was I have access to tons of state of the art CNC equipment just not crazy about all the hoops I need to jump through at the moment to own one.
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I think it would remove the serialization which put it in the purview of a FFL as that was only in the NFA that required it. Without serialization you might be able to make it at home. The share act seems to only put it under a background check to purchase.
On every question of construction let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.
Thomas Jefferson, letter to William Johnson, June 12, 1823
You can build one now. Just have to pay the tax stamp. You can build a gun now. Don't need to pay anything extra to build one. If they're removed from the NFA it will be just like building a firearm. Off the NFA means no more tax stamp requirement.
That's how it should work. In reality the government may make all sorts of laws around manufacturing of silencers. Forgetting the whole time that all it takes is a threaded barrel and an oil filter.
I don't think you should submit to a background check for a firearm accessory. But getting them off the NFA is the first step. We can work on removing the background check later.
Hi dragon813gt.A big ole raw potato works pretty good on a .22 rimfire.IF I read the info on the Hearing Protection law they are considering,the only thing to have done to purchase a suppressor is the standard BG check for a regular firearm.
Good luck.Have fun.Be safe.
Leo
People never lie so much as after a hunt,during a war,or before an election.
Otto von Bismarck
you need to do some research
http://diversifiedmachine.us/
https://www.zmachineworx.com/
between those two places you should be able to get all the parts you need.
Keep in mind that DM deals with a lot of titanium parts so it gets pricey.
I have 3 setups from DM. I have finished 1 so far.
I have a 22lr setup that is all TI except the 1st blast baffle. It is SS.
This can is larger in diameter then my commercial built can but it is also rated for slightly higher pressure rounds like the 22 hornet and 22 TCM.
I need to machine the holes in the baffles and end caps on my other 2 cans that I just recently got. 308 and 223.
Both are supersonic rated and both are All TI except the blast baffle which is SS.
The 223 and 308 cans weigh just 12.2 and 12.3 ounces respectfully.
Both of these weight a lot less then my commercial 223 can which has a carbon steel tube.
And yes, I have approved Form 1 tax stamps on all of them.
I can't wait until the HPA is approved because I will be getting a huge check back from them!!
Great links! I've got a Form 1 .22 and a .38 to do and wanted to have them use the ASR mount so they could share the same muzzle devices as the ones I'm using my hybrid on.
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BR | Bench Rest | M | Magnum | RN | Round Nose |
BT | Boat Tail | PL | Power-Lokt | SP | Soft Point |
C | Compressed Charge | PR | Primer | SPCL | Soft Point "Core-Lokt" |
HP | Hollow Point | PSPCL | Pointed Soft Point "Core Lokt" | C.O.L. | Cartridge Overall Length |
PSP | Pointed Soft Point | Spz | Spitzer Point | SBT | Spitzer Boat Tail |
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GC | Gas Check |