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Do you need to return gun to F4 description to sell (e.g. M16, M60, etc.)


Bd_p98

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If my F4 says my M16 has a 20" barrel, but I've changed out the upper to a 12", do I need to convert it back to what is described on the F4?  Another example would be the M60's that have an E6 kit installed but were originally papered as E1's (such as SACO, RIA). The F4 would show a longer barrel length and OAL. Thanks in advance for any responses. 

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What I was told years ago by ATF, back when I had an M16, is to keep an upper that matches the description on the Form 4 with the gun when you go somewhere OR you can send in an update on your Form 4.   My M16 lived most of its life as a 9mm DOE clone but I always kept a 20" 223/556 upper in the bag when I went somewhere just incase.  I didn't feel like dealing with form changes

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Thanks Got Uzi. I never thought about that when taking it out to shoot. Specifically my question is around the sale of an item that has a different barrel length and/or OAL on a F4. For example, if one has an M60E6 papered as a M60E1 do you have to return it to E1 to sell it?  

 

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The ATF has historically requested to be notified of any permanent changes to a NFA firearm so that the NFRTR can be updated. So, a permanent change of caliber or barrel length would be requested if permanent. It's not required, but it's in the best interest of the current and future owner that the paperwork reflect the configuration of the firearm listed on it.

It's not that big of a deal with something like an M16 that can easily be modified to different calibers and configurations. But in the case of an AK, say for example a Polytech .223 that was converted to a Krink in 5.45 with an 8 inch barrel, those changes are considered permanent as swapping back would require hours worth of work in a well equipped shop. The M16 can change configuration in a matter of seconds in the field with few if any tools.

As mentioned, if you don't want any questions to arise during the transfer it would be wise to keep the original parts for the configuration the gun was registered in if you don't plan to submit a letter notifying them if a permanent change.

In the case of an M16 it would be easy enough to explain to the buyer that the original configuration was changed and that the new configuration doesn't match the paperwork. The ATF won't know the configuration has changed unless someone writes them a letter. The only time it might matter is if the paperwork is checked by law enforcement and it doesn't match the configuration. It probably still wouldn't be a problem because again, it could be easily explained and demonstrated that the configuration could be changed in seconds and the required markings still match the paperwork even if the caliber and length are different.

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