Mass EF1 denials happening

To win they’d have to prove that you intended to make a silencer when you hadn’t actually made a silencer, I’d expect the judge to dismiss. Of course you lose anyway because your life is turned upside down and the costs for the defense are high. I still don’t think they’d risk the loss in court, they know that the only thing behind them is the belief we share that they can do bad things at will.
20 years ago you couldnt go around buying threaded tubes and God forbid you'd find a end cap for one. Those were silencer parts and you'd get a visit from the ATF back in the old days when they'd just raid your house and stomp your kitty with a warrant in hand.. A couple of bad PR days later and we have the kinder gentler ATF we have now but theyre just chomping at the bit to put the jackboots back on.
 
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Well I guess I have to mine the ore, smelt it and forge it if you go to extreme with their interpretation of the law.
You can take anything to extremes but thats not what I'm getting out of their recent public statements and list of requirements for form 1s. I happen to have one in the works. We'll see if they grant approval based on the information I sent them.
 
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You can take anything to extremes but thats not what I'm getting out of their recent public statements and list of requirements for form 1s. I happen to have one in the works. We'll see if they grant approval based on the information I sent them.
i agree, but they have no objective requirements for form 1s, only subjective. Like I mentioned earlier, an improvised silencer made out of a 6” cast iron pipe would be illegal without a stamp, you agree? Now would that 6” cast iron pipe and two caps without a hole drilled in them be considered a silencer. If so, the aft better raid Home Depot. That is the equivalent of what they are saying about a solvent trap, it is just the level of finish.

I understand they are going to do what they are going to do, but it still does not change my position that it is not in accordance with the law because it is overly broad. Will I fight them on it, probably not, even though I would love to see them flooded with thousands of pro se lawsuits. But I think the court system would not give the plaintiffs the time of day though they should IAW the constitution.
 
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Here’s how I’m thinking about it.
Get the form 1 approved when you have no parts at all, pay the tax and then get started.
Order a threaded tube. Wait, that is a “part intended only for use in such assembly or fabrication” so it’s a suppressor and you haven’t been approved to buy, or paid a tax to buy, a suppressor. No threaded tube for you.
Freeze plugs, same issue.
How about a piece of bar stock? Well, you have the same problem unless you think you can successfully claim that an undrilled freeze plug is a part but an undrilled tube is not.

It feels like starting from raw steel/aluminum/titanium and machining every bit of it would be okay…but it may not be if you apply the same logic as you do for other parts.

As a practical matter, this is NOT how they ever enforced their rules.

So must ATF allow form 1 at all? Why not shut it down?
Exactly my point.
 
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i agree, but they have no objective requirements for form 1s, only subjective. Like I mentioned earlier, an improvised silencer made out of a 6” cast iron pipe would be illegal without a stamp, you agree? Now would that 6” cast iron pipe and two caps without a hole drilled in them be considered a silencer. If so, the aft better raid Home Depot. That is the equivalent of what they are saying about a solvent trap, it is just the level of finish.

I understand they are going to do what they are going to do, but it still does not change my position that it is not in accordance with the law because it is overly broad. Will I fight them on it, probably not, even though I would love to see them flooded with thousands of pro se lawsuits. But I think the court system would not give the plaintiffs the time of day though they should IAW the constitution.
Theyve been running the same playbook for a real long time. They have never once said that they allow undrilled silencer baffles to be used to build a form 1 silencer. They have never claimed you could buy tubes or end caps and build a legal form 1 silencer. Hey, Im fine that it took them a long time to get their act together but all theyre doing here is getting back to the rules they instituted decades ago. Questions of constitutionality are for the courts. I dont get to decide that what I feel is constitutional is the way things are. Pleanty of folks have gone through the whole process and decades of case law exist.
 
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Theyve been running the same playbook for a real long time. They have never once said that they allow undrilled silencer baffles to be used to build a form 1 silencer. They have never claimed you could buy tubes or end caps and build a legal form 1 silencer. Hey, Im fine that it took them a long time to get their act together but all theyre doing here is getting back to the rules they instituted decades ago. Questions of constitutionality are for the courts. I dont get to decide that what I feel is constitutional is the way things are. Pleanty of folks have gone through the whole process and decades of case law exist.
That is one of the reasons I hate chevron deference. It encourages lazy legislation. If the law does not specify revise it through the legislative process not through a bureaucratic process that can change with administrations or time. Same thing with the constitution, if you want to change it, go through the amendment process, do not change what it was intended to be by the original drafters by getting an activist court to make a ruling. I have read a lot of court opinions and you can see a lot of the writing twisting things to get to the courts desired outcome.
 
They want the Form 1 to be fully home made. I can do that because I have spent the better part of a lifetime watching how the ATF works as a regular citizen and as an 02/07 SOT . Ive bought machine tools and equipment and I know how to use them. It takes a blind man no to see the direction theyve been going for the last two years. It was no surprise. What they have done is gone back to the standard that existed before 90% of form 1 silencer builders even knew what a silencer was . The scam got too big and caught a lot of attention.
Nothing some basic CAD capability, access to a makerspace with a CNC machine, some bar stock, and some downloaded CAD models from one of many Internet CAD libraries with validated suppressor CAD models can't replicate.


Federal Prison is not something I advocate for anyone. It's all fun and games until you get nailed for $20k in legal bills and get 1 to 10 years in the Federal lockup. Then it gets real .
Me either. That said, just because something is the law doesn't make it 'just' ... and the reality is that there ARE some unjust laws on the books AND there is an unjust organization called the ATF that is actively re-interpreting its previous interpretations because it a) can and b) believes it screwed up on those previous interpretations and now wants to hold individuals other than itself accountable for adhering to its past interpretations/guidance. While you're clearly not willing to stand up for what you may feel is just (because you feel it's not worth it), there are others whose calculus on the matter ends with a very different result ... and some of them are old men to whom life in prison (let alone 1 to 10 years) is relatively meaningless because they're about to kick over, anyway. Men such as that have little to lose or risk ... and much to gain for many others should they stymie or reverse an injustice.


What they want you to do is file a form 1 and then when its approved buy a piece of tube, thread it yourself, make end caps and machine baffles. Put it all together,, get it engraved and your'e done.
Or, form 1 it and after approval utilize some basic CAD capability, download a CAD model from one of many Internet CAD libraries with validated suppressor CAD models, take some bar stock to your local subscription-based makerspace that has a CNC machine, place your bar stock in the machine, load your CAD model, and watch the machine spit out what you need (engraving and all after your basic CAD work is done) for you to assemble and smile at.


Nah, Theyre just back onto the build it yourself bandwagon.
And the 'have a computer-driven machine do all the work to build it for you bandwagon'...
 
Nothing some basic CAD capability, access to a makerspace with a CNC machine, some bar stock, and some downloaded CAD models from one of many Internet CAD libraries with validated suppressor CAD models can't replicate.



Me either. That said, just because something is the law doesn't make it 'just' ... and the reality is that there ARE some unjust laws on the books AND there is an unjust organization called the ATF that is actively re-interpreting its previous interpretations because it a) can and b) believes it screwed up on those previous interpretations and now wants to hold individuals other than itself accountable for adhering to its past interpretations/guidance. While you're clearly not willing to stand up for what you may feel is just (because you feel it's not worth it), there are others whose calculus on the matter ends with a very different result ... and some of them are old men to whom life in prison (let alone 1 to 10 years) is relatively meaningless because they're about to kick over, anyway. Men such as that have little to lose or risk ... and much to gain for many others should they stymie or reverse an injustice.



Or, form 1 it and after approval utilize some basic CAD capability, download a CAD model from one of many Internet CAD libraries with validated suppressor CAD models, take some bar stock to your local subscription-based makerspace that has a CNC machine, place your bar stock in the machine, load your CAD model, and watch the machine spit out what you need (engraving and all after your basic CAD work is done) for you to assemble and smile at.



And the 'have a computer-driven machine do all the work to build it for you bandwagon'...

Wheres the fun in that? To each his own.

Justice .... Hahahaha.
 
20 years ago you couldnt go around buying threaded tubes and God forbid you'd find a end cap for one. Those were silencer parts and you'd get a visit from the ATF back in the old days when they'd just raid your house and stomp your kitty with a warrant in hand.. A couple of bad PR days later and we have the kinder gentler ATF we have now but theyre just chomping at the bit to put the jackboots back on.
I suspect that lots of threaded tubes are sold every year, the first thing that comes to mind for most people isn’t “hey bet I can make that a suppressor.” But more interesting, do you recall convictions of private individuals 20 or 30 years ago whose only crime was making or buying something with the intention of making a suppressor? I wasn’t paying attention at the time. The only one I can thinkmof was a guy making airgun suppressors and selling them, he got it loads of trouble but that was more than just having parts for one can for personal use.
 
I suspect that lots of threaded tubes are sold every year, the first thing that comes to mind for most people isn’t “hey bet I can make that a suppressor.” But more interesting, do you recall convictions of private individuals 20 or 30 years ago whose only crime was making or buying something with the intention of making a suppressor? I wasn’t paying attention at the time. The only one I can thinkmof was a guy making airgun suppressors and selling them, he got it loads of trouble but that was more than just having parts for one can for personal use.
I was a working 02/07 SOT building integral .22 silencers between 1991 and 2010. The ATF had shut down SWD selling tubes and baffles in 1982 and had formulated the any part of a silencer is a silencer rule . You couldnt buy a threaded tube that was even close to the correct size and certainly nothing that resembled a end cap much less a baffle throughout the 90's and early 2000's. The ATF would routinely send out cease and desist letters to sellers of tubing and hydraulic supplies .
 
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Married, don't have any serious exes, and don't have any landlords or tenants. I am not dumb enough to try to illicitly purchase a machine gun from some informant. And I don't consent to searches, nor do I provide valid probable cause for one. So none of those hypotheticals would apply, even if I were to do something "illegal", which I don't.
You're funny....If they want to search, they are going to search.
 
Put the word out. All you have to do is not consent to searches.
Are you now arguing that the fourth amendment is not a thing, in addition to the second? Illegal searches render any discovered "evidence" inadmissible in a court of law. Fruit of the poisonous tree. Good way for the victim to make some money from the state, in addition to getting all of his lawyers fees back. Not all of us lube up and bend over for the state by consenting to searches, although I'm sure you probably do, because you have already indicated (correct me if I am wrong) that you don't care about your rights and do whatever agents of the state want you to do.
 
Are you now arguing that the fourth amendment is not a thing, in addition to the second? Illegal searches render any discovered "evidence" inadmissible in a court of law. Fruit of the poisonous tree. Good way for the victim to make some money from the state, in addition to getting all of his lawyers fees back. Not all of us lube up and bend over for the state by consenting to searches, although I'm sure you probably do, because you have already indicated (correct me if I am wrong) that you don't care about your rights and do whatever agents of the state want you to do.

Jails are full of people who didnt consent to searches. Your ignorance of how the real world works is stunning.
 
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all theyre doing here is getting back to the rules they instituted decades ago.

What specific rules are you referring to here?

You can't own bar stock?
You can't own freeze plugs?
You can't own cup shaped metal cylinders?
You can't own maglite bodies?

I don't remember seeing any such rules.

They just say "silence parts are silencers", but refuse to define what a silencer part is. That's kinda dumb but , ok we can go by what ATF enforces as a clue. They stop Sylvia and Wayne Daniels from selling a silencer kit. Then they stop them from going to gun shows each selling half of a silencer kit (that is fully drilled) , so that's clearly out. Wayne moves on to selling fireworks and Leinad stuff.

Fast forward till about 2005 or so, and maglites become an interesting component to use. ATF does nothing and things progress. There's still nothing defining what is and what isn't a silencer part.

A decade goes by with no enforcement . Then cones and end caps for storage tubes with the centers pilot drilled become targets of enforcement (allegedly...though there's nothing official from ATF). Sellers remove the center dimple and a couple more years and (tens of?) thousands of non dimpled cones and end caps are sold with nothing from ATF until a couple weeks ago.

Interestingly, the new edicts happen only a couple months after implementing Eforms to handle the volume of Form 1's most of which are for cans built from purchased solvent trap type components or freeze plugs.
 
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What specific rules are you referring to here?

You can't own bar stock?
You can't own freeze plugs?
You can't own cup shaped metal cylinders?

I don't remember seeing any such rules.
That threaded metal tubes were silencers in and of themselves. That silencer baffles are silencers in and of themselves. Why don't you show where the ATF has ever claimed that something that was purchased to become a silencer baffle (intent) was not a silencer baffle because it did not have a hole in it.
 
Where's the rule defining that a threaded metal tube is a silencer? I'm not saying you're wrong, just that I don't recall ever seeing that in print. Likewise, I have never seen a freeze plug called a silencer baffle.

Are they claiming that if I go to Napa and buy some freeze plugs with the idea that I'll modify them into a baffle I'm going to use in a Form 1 can , that I have purchased an illegal suppressor?
 
Where's the rule defining that a threaded metal tube is a silencer? I'm not saying you're wrong, just that I don't recall ever seeing that in print. Likewise, I have never seen a freeze plug called a silencer baffle.

Are they claiming that if I go to Napa and buy some freeze plugs with the idea that I'll modify them into a baffle I'm going to use in a Form 1 can , that I have purchased an illegal suppressor?

That was the 1986 FOPA amendment to the GCA based on 27 CFR 478.11 that any part of a silencer is a silencer . Its literally in the ATF's definition of a silencer on the paper form 1 and form 4 . You machine the tube and make the baffles you are good to go. Pre-machined tubes? Up until what 7-8 years ago no one dared sell those as a result of the SWD case where Sylvia and Wayne Daniels had been selling tubes and baffles separately to bypass the silencer registration . And yes, If you submit your plans and pics of freeze plugs , as is now their requirement , the likelyhood that you will get turned down is pretty good.
 
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So all threaded tubes are silencers? That's not true. FOPA just defines silencer parts to be silencers (thanks Wayne and Sylvia!). No argument there.

We're going in circles here because the fact is, there's absolutely no definition of what a silencer part is. ATF's answer has always been "I can't define it, but I can tell one when I see one".

Todays interpretation seems to be that If you machine it from raw material, you're OK. But someone preprocessed the aluminum into round stock, maybe round stock is, like a freeze plug, a silencer too.

But they've not defined that either. They've just said "send in your info and we'll let you know if you guessed right".
 
So all threaded tubes are silencers? That's not true. FOPA just defines silencer parts to be silencers (thanks Wayne and Sylvia!). No argument there.

We're going in circles here because the fact is, there's absolutely no definition of what a silencer part is. ATF's answer has always been "I can't define it, but I can tell one when I see one".

Todays interpretation seems to be that If you machine it from raw material, you're OK. But someone preprocessed the aluminum into round stock, maybe round stock is, like a freeze plug, a silencer too.

But they've not defined that either. They've just said "send in your info and we'll let you know if you guessed right".
That's the intent part. If you intend on using a threaded tube as a silencer part....guess what. They win these cases in court you know.
 
They win these cases in court you know.
Can you think of one where they got a conviction for an individual that wasn’t selling parts or that hadn’t actually assembled a functioning suppressor?

Not arguing the law, just that the application as I’ve seen it is skewed towards prosecution of the troublemakers rather than the customers, or at least targeting the troublemakers first.
 
Can you think of one where they got a conviction for an individual that wasn’t selling parts or that hadn’t actually assembled a functioning suppressor?

Not arguing the law, just that the application as I’ve seen it is skewed towards prosecution of the troublemakers rather than the customers, or at least targeting the troublemakers first.
It's generally a charge stacking thing. I've known two people who were charged with constructive intent when the prosecutors had other things they were charging them with anyway, I was living in the Pac NW during the Ruby Ridge era when the ATF came through western WA with a vengeance and locked up people I knew and tried to do the same with me. Its not an abstract to me. Seriously, cross your T's and dot your I's with those guys. Theres always a legal way to get what you want.
 
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Apparently not with a Form 1 right now.

Sure there is. All theyve done is go back to the old standard which to be honest they never really went away from. They just stopped enforcing it when the market got flooded with undrilled silencer baffles and tubes. Theyre back.
 
I have a hard time determining the difference in center drilling a freeze plug (or a flat round piece of steel if you want to go that route) and center drilling a piece of round stock. Would you say that according to the "new old" rules, I'd be askew of the law to drill out a freeze plug, but not askew of the law to do the same with a 1/4" thick piece of 2" round stock? Both make pretty effective suppressor baffles. Can I buy that 1/4" thick piece of round stock or must I purchase the whole 24' stick and cut it down myself? Do I run the risk of being illegal if someone sells me a foot of it already cut from a 24' stick? If not, is there a difference in selling me 1/4" thick pieces or one foot pieces, where is the line? What all my rambling is to say is that the atf is being allowed by our representatives to interpret and make law. Playing their game may allow you to have what you want today, but they may decide next week that your round stock intended to be a suppressor, is indeed already a suppressor in the same way they have done some common automotive and industrial parts.
 
I have a hard time determining the difference in center drilling a freeze plug (or a flat round piece of steel if you want to go that route) and center drilling a piece of round stock. Would you say that according to the "new old" rules, I'd be askew of the law to drill out a freeze plug, but not askew of the law to do the same with a 1/4" thick piece of 2" round stock? Both make pretty effective suppressor baffles. Can I buy that 1/4" thick piece of round stock or must I purchase the whole 24' stick and cut it down myself? Do I run the risk of being illegal if someone sells me a foot of it already cut from a 24' stick? If not, is there a difference in selling me 1/4" thick pieces or one foot pieces, where is the line? What all my rambling is to say is that the atf is being allowed by our representatives to interpret and make law. Playing their game may allow you to have what you want today, but they may decide next week that your round stock intended to be a suppressor, is indeed already a suppressor in the same way they have done some common automotive and industrial parts.
As of now you have two choices. Build one according to the regulations they put out or don't build one according to the regulations they put out. What you feel about that makes no difference to them. You get a stamp or you dont.
The '86 FOPA gives them the authority to classify any part of a silencer as a silencer. A solvent trap is a silencer part. Thats the only reason it exists. A freeze plug? Maybe they let that slide. Who knows? If you feel your represetative can change that and let you make a horribly bad silencer with freeze plugs then go that route.
 
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I understand that, my questions above still apply though. Is a 1/4" thick piece of 2" round stock ok to drill out and use as a flat baffle, if I buy that piece of stock already cut at 1/4" thick? If it's not OK, where is the line between 1/4" and a whole 24' stick that keeps me legal. If there is an industrial use product that is nothing but that same 1/4" medallion of round stock, is it different to purchase that?
 
I understand that, my questions above still apply though. Is a 1/4" thick piece of 2" round stock ok to drill out and use as a flat baffle, if I buy that piece of stock already cut at 1/4" thick? If it's not OK, where is the line between 1/4" and a whole 24' stick that keeps me legal. If there is an industrial use product that is nothing but that same 1/4" medallion of round stock, is it different to purchase that?
You mean valve spring retainers? You'll find out when you file your form 1 and include pics of your design and they approve it or not.
 
I wonder why they care what you make it from. Their job, as I understand it, is to on the one hand collect the tax and run a background check and on the other to catch those guys that haven’t paid the tax when they should have. I can see how one would get the impression that the sales of ”solvent traps” and similar would lead to a proliferation of untaxed suppressors, but I don‘t know if this is happening.

I’m confident that if the “kits” had only been sold to folks that provided proof of having paid their tax that ATF would never have gotten too worked up about it. Of course the business probably wouldn’t have gotten so big either.
 
I wonder why they care what you make it from. Their job, as I understand it, is to on the one hand collect the tax and run a background check and on the other to catch those guys that haven’t paid the tax when they should have. I can see how one would get the impression that the sales of ”solvent traps” and similar would lead to a proliferation of untaxed suppressors, but I don‘t know if this is happening.

I’m confident that if the “kits” had only been sold to folks that provided proof of having paid their tax that ATF would never have gotten too worked up about it. Of course the business probably wouldn’t have gotten so big either.

If as many as 1/5 of the kits sold get made into legal form 1 suppressors I'd be surprised.
 
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"You'll find out when you file your form 1 and include pics of your design and they approve it or not."

Guess right, you get a stamp, guess wrong, you've just incriminated yourself for a felony? Seems legit.

ATF just got a letter from 20 senators telling them to back off.

Next move, ATF....
 
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"You'll find out when you file your form 1 and include pics of your design and they approve it or not."

Guess right, you get a stamp, guess wrong, you've just incriminated yourself for a felony? Seems legit.

ATF just got a letter from 20 senators telling them to back off.

Next move, ATF....
Why is this so hard to understand? You dont send them a pic of stuff you have to build with. You send them pics of and links to stuff you will buy if your form 1 is approved....

cough cough... No matter what you actually build your can with!!!

I'm not sayin' I'm just sayin'.
 
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I’m confident that if the “kits” had only been sold to folks that provided proof of having paid their tax that ATF would never have gotten too worked up about it. Of course the business probably wouldn’t have gotten so big either.
Like what Quiet Bore was doing? They started out selling solvent traps to anyone who wanted one, and then after a visit from ATF, changed to selling 'high quality' Form 1 products but required an approved Form 1 to complete the order. It seems to me that they had approval from ATF to sell their kits.

Their web site is still up and running but they're not accepting any orders.

 
Like what Quiet Bore was doing? They started out selling solvent traps to anyone who wanted one, and then after a visit from ATF, changed to selling 'high quality' Form 1 products but required an approved Form 1 to complete the order. It seems to me that they had approval from ATF to sell their kits.

Their web site is still up and running but they're not accepting any orders.

I think they are probably as wrapped up in this as anyone, but trying to be cooperative to minimize their damage. If ATF has determined that the kits are suppressors then the company can’t sell them directly to individuals (except maybe in their home state?) even if those individuals have filed a form 1. Enforcement is of course at their discretion, so by playing nicely quietbore may hope to maintain some vestige of the argument that they were following the law just as they are today. it’s not much, but it might be enough to stay out of the spotlight. Just my guess, I know nothing.
 
Whats going to happen to the very few if any suppliers of silencer kits left on the market when all this is hashed out is they will be able to sell them on a form 4 which doesnt make any sense so they'll just fold.

Quiet bore had issues with the fact they also sell complete silencers . The compromise they reached with the ATF was that they wouldnt sell their undrilled baffles without a valid form 1 in hand. Now, that sounded treasonous to me when it happened but ironically the agreement they reached with the ATF may end up being a blessing if and when any of this comes to court. If there was an actual written agreement a pretty incompetent attorney could use that as pretty damning evidence .
 
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