• Watch Out for Scammers!

    We've now added a color code for all accounts. Orange accounts are new members, Blue are full members, and Green are Supporters. If you get a message about a sale from an orange account, make sure you pay attention before sending any money!

Suppressors Form 1 Retuned for an "Error"

PLeighton

Sergeant
Full Member
Minuteman
May 25, 2007
492
6
49
NE North Carolina
www.l8ntactical.com
I received my most recent Form 1 back from the bATF last night with an "Error" on it.
Unbeknownst to me, you can only list one barrel length on a Form 1.
Since I plan on using multiple SBR uppers on this registered SBR lower, I listed 10.5" & 14.5" on the Form 1.
I made the correction and mailed it back out today, but it is still frustrating.
Already this package has been lost by the bATF and has taken longer than any of my other ones.
Now, this setback delays it even more.

Does anyone know what the deal is with using multiple SBR uppers on a registered lower?
I'm assuming that it should be good to go, but this has me second guessing myself.

As a public service, here is a copy of the letter that I received with the reasons that a Form 1 / Form 4 gets sent back.
________________________________________________________________________________________________________________

The enclosed application(s) is/are being returned to you for the following reasons(s):
_ Application submitted on incorrect form. resubmit on ATF Form number _
_ Application not acceptable if front and back are not on same sheet of paper.
_ Application not submitted in i:luplicate.
_ Application is illegible or is in an unprocessable condition.
_ Original forms required for this type of transaction.
_ Original signatures/dates required on both forms.
_ Incomplete transferee information: see item(s) number#________
_ Incomplete transferor information: see item(s) number#_________
_ P.O. Box (only) is not acceptable, a physical address or directions is required.
_ Incomplete firearm description: see item number #__________
_ Firearm description varies with our records: see item(s) number#______
_ Form must specify the caliber (one), barrel and overall length, approximants and estimates are unacceptable.
May cross out additional information and initial.
Place additional information in appropriate box on application.
_ Transferee's trade name varies with our records
_ Transferee's name/address on application, tax stamp, and license do not match.
_ Transferee's Federal Firearms License invalid: number incorrect.
_ Transferee's Employer Identification Number invalid: number incorrect.
_ Transferor's trade name varies with our records.
_ Transferor's name/address on application, tax stamp, and license do not match.
_ Transferor's Federal Firearms License invalid: _number incorrect _FFL expired.
_ Transferor's Employer Identification Number invalid: _number incorrect _SOT not paid.
_ Proof of ownership required. Firearm is not shown registered to transferor.
_ Firearm already transferred on ___________
_ Proof of executor ship/death certificate required.
_ Proof(Articles) of corporation required.
_ State permit required
_ Machine gun permit from Sheriff required for North Carolina transfers.
_ North Carolina: requires compliance with state law. After review of statutes (enclosed) please provide statement of compliance on application or separate sheet of paper.
_ Law letter required. Firearm restricted pursuant to 18 USC 922(0), Title 27 CFR 179.105(d).
_ Justification letter for acquiring more than one restricted model required.
_ The law enforcement law letter and model of firearm being obtained have to be exactly the same.
_ Repair description letter required.
_ Void letter required confirming the weapon never left: the transferor possession.
_ Bill of lading required.
_ Importation permit (ATF Form 6) required.
_ Interstate transfer of firearms are prohibited to non-licensees.
_ Firearm prohibited in jurisdiction of transferee's residence.
_ Firearm prohibited in jurisdiction to be transported
_ Dates(s) of move/transport must be given prior to application approval.
_ Transfer tax required for this type of transaction, please remit_S200 _$5.00 OTHER__.
_ Transferee's photograph must be attached to back of each form.
_ Applicant certification is invalid/incomplete.
_ Law enforcement certification is invalid/incomplete.
_ Original signatures required on Law Enforcement Certification.
_ If someone has specific delegated authority to sign on behalf of the Chief of Police or Sheriff etc..
This fact must be noted by printing the Chief's, Sheriff's, or other authorized official's name and title, followed by the word "by" and the full signature and title of the delegated person.
(Please make sure the name of the signing official and agency name is listed and legible).
_ Two complete FD-258 fingerprint cards are required with this application.
_ FD-258 fingerprint card incomplete _ Name, _ Date of Birth, _ State of Birth _ Social Security#, _ Signature
_ FBI will not process any fingerprint card other than the FD-258.
_ Improperly taken fingerprints. Carefully follow instructions on the back ofFD·258 fingerprint card.
_ Finger print cards will not scan. Please submit two new cards.
_ Complete Certification of Compliance with 18 V.S.C (922)(g)(5)(b) May fax with a copy of this letter to 304-616-4501.
** On the Certification of Compliance your name goes in item #1. You are certifying yourself in item #2, complete item #3 and you sign and date #7 at the bottom of the form.
_ Trust documents not complete. Declaration, Certification and all mentioned schedules/exhibits needed.
May fax with a copy of this letter to 304-616-4501
_ Trust name must be exact on application. Please correct. May cross out and initial. Return originals.
_ Trust not valid under __________________. Please resubmit Dew trust documents.

Please note: Our office cannot give legal advice on correction of trust.

PLEASE MAKE THE APPROPRIATE CORRECTIONS AND RETURN WITH THIS ERROR
LETTER TO:
SUZANNE SANTAMARIA
NFABRANCH
244 NEEDY RD-SUITE 125{)
MARTINSBURG, WV 25405

IF YOU REQUIRE ASSISTANCE, YOU MAY CONTACT US AT (304) 616-4500.
IF WE DO 'OT HEAR ARESPONSE WITHIN 30 DAYS, WE RESERVE THE RIGHT TO
DISAPPROVE THE APPLICATION.

SUZANNE SANTAMARIA
National Firearms Act Branch
Legal Instrument Examiner
________________________________________________________________________________________________________________

FWIW,
This is the first time that I have had this examiner.
A friend of mine had her for his Form 4 and had a very bad experience.
Took 11 months to process and then got kicked back for the "_ North Carolina: requires compliance with state law. After review of statutes (enclosed) please provide statement of compliance on application or separate sheet of paper."
He ended up working it our with her supervisor, but it was a real PITA.

Hopefully this is the last I hear from her and I get my regular examiner on any future Form 1 or Form 4s that I do.
 
Re: Form 1 Retuned for an "Error"

OK, the reason it got kicked back is because you put multiple lengths. That is normal. Since you are manufacturing a single firearm it cant have multiple barrel lengths, it can only have one. With that being said it is perfectly legal to change barrels and lengths once you have the lower registered as long as you can return the lower to the info that is on the Form1. So if you registered the lower as a 1.5 inch 5.56 then you need to keep a 10.5 inch upper around so you can put it back to its original form at some point in time to show the rifle that you "made" on the Form1.
 
Re: Form 1 Retuned for an "Error"

uh oh.
This might be that new examiner I heard about. It seems like she screwed up a lot of paperwork back in october/november time frame being "new" to the job. Putting SBS stamps on AOWS and thinking that everything is illegal in california.
It delayed my paperwork by a lot. Hopefully she'll be squared away after a couple more of these...
 
Re: Form 1 Retuned for an "Error"

Interesting, I had a Form 1 approved by SUZANNE SANTAMARIA and it took a hair over 3 weeks from door to door.

Multiple barrel lengths are a-ok as long as it can be reconfigured to it's original registered length.
 
Re: Form 1 Retuned for an "Error"

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: doorkicker</div><div class="ubbcode-body">Interesting, I had a Form 1 approved by SUZANNE SANTAMARIA and it took a hair over 3 weeks from door to door.</div></div>
Sent my package in 4 OCT 2010
Typical turn around for my packages has been 60 days.

I would really like to know what the story is with the guys that get theirs done in 2 - 3 weeks.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: doorkicker</div><div class="ubbcode-body">Multiple barrel lengths are a-ok as long as it can be reconfigured to it's original registered length.</div></div>
So it would be a bad thing if I sold my 10" upper and kept my 14.5" then...
Oh well, just another excuse to keep my AR stuff together as a complete kit.
(Not like I've ever sold any of my guns anyway...)
 
Re: Form 1 Retuned for an "Error"

As far as the multiple lengths, once it is approved, I spoke to the Head of NFA Branch on this subject and he stated that you can submit a letter indicating that "S/N XXXX, already registered as a SBR, may from time to time be temporarily altered to a barrel length of XX" and an overall length of XX"." They will allegedly file this with your original Form 1 covering you in case the SBR is examined and a query is made to NFA when it is in a configuration other than what is on your Form 1. But everyone is correct in that you had better have the parts on hand to put it back in original condition if needed.
 
Re: Form 1 Retuned for an "Error"

Just put down the shortest possible length on your form 1. If they approve a 7" upper and you have a 10" on it there will be no issues. Also NO NOT PUT multiple calibers down. That will get it kicked back also.
 
Re: Form 1 Retuned for an "Error"

Lately they have been kicking the multi caliber forms back. On my SBR paperwork, I have 9mm, 22lr, 5.56, 7.62x39 on mine and it went through fine.
 
Re: Form 1 Retuned for an "Error"

Thanks for all the good feed back!

Now you guys have me second guessing everything.
The barrel won't be able to be measured at the registered length without removing the Rail & PRI Rifle Length FF Tube.
(The barrel is recessed in the FF tube.)
I suppose since the tube isn't technically permanently attached, it would be ok though.

The other issue I just thought of is that the 10" barrel is a 300 BLK and the lower is registered 5.56 NATO.
I did that because that is what is stamped into the receiver and presumably what the bATF has on file for that serial number.
Since they don't allow "MULTI" to be listed as a caliber, that was the logical thing for me to list.

Anyone have any additional info of this stuff?
 
Re: Form 1 Retuned for an "Error"

I'm about to hit 120 days and this isn't my first time through. 60 days would be awesome.
 
Re: Form 1 Retuned for an "Error"

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: gunsmithcat</div><div class="ubbcode-body">uh oh.
This might be that new examiner I heard about. It seems like she screwed up a lot of paperwork back in october/november time frame being "new" to the job. Putting SBS stamps on AOWS and thinking that everything is illegal in california.
It delayed my paperwork by a lot. Hopefully she'll be squared away after a couple more of these... </div></div>

She isn't that new. She has been around and is one of the fastest examiners they have. She is fine. If people filled out their paperwork correctly you wouldn't get it kicked back!!
 
Re: Form 1 Retuned for an "Error"

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: gunsmithcat</div><div class="ubbcode-body">uh oh.
This might be that new examiner I heard about. It seems like she screwed up a lot of paperwork back in october/november time frame being "new" to the job. Putting SBS stamps on AOWS and thinking that everything is illegal in california.
It delayed my paperwork by a lot. Hopefully she'll be squared away after a couple more of these... </div></div>

Ms. Santamaria ain't new to this rodeo. I've had several cans she's processed just fine.
 
Re: Form 1 Retuned for an "Error"

santamaria did mine, no problem.
 
Re: Form 1 Retuned for an "Error"

Form 1 was sent back to Santamaria with correction on 1/27/2011, was approved on 2/2/2011 and I recieved it 2/7/2011.

Thanks to all that provided insight.
Santamaria is definitly not new considering her signature was the only one on the Form 1.
From others comments, she may be one of the power players at the NFA.
 
Re: Form 1 Retuned for an "Error"

That sounds about normal. I think they have it already approved, and is just waiting for the last piece of corrected information to be sent in to send it out to you. I have had a couple of customers paperwork come back for a errors and usually within a week or two after the correction they will have their forms in hand.