Author Topic: Constructive Possession & Location of Trust Engraving?  (Read 1973 times)

Bryan

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Constructive Possession & Location of Trust Engraving?
« on: April 29, 2018, 04:08:50 AM »
BACKGROUND
The Swiss company Brügger & Thomet (B&T) recently started making a grip module with a folding buttstock (USW-320) that fits Sig Sauer's new line of P320 pistols. Installing the USW-320 onto the pistol converts the pistol into a short barreled rifle (SBR).

The USW-320 is not quite yet available for purchase in the USA, but a vendor here is taking preorders. I would like to preorder one to insure that I get one.

I do not yet own a P320 pistol, and I plan to use your NFA Firearms Program to set up a trust and process the Form 1 paperwork for the SBR, but I have not done that yet.

CAN I PURCHASE A USW-320 NOW?
It appears that so long as I don't own any P320 pistols, I can purchase as many USW-320s as I want (without first submitting Form 1 paperwork) and not be in constructive possession of an SBR. Is this correct?

MUST THE TRUST ENGRAVING BE VISIBLE WITHOUT TAKING THE PISTOL APART?
Does the trust engraving on the pistol need to be visible without taking the pistol apart? The P320 is modular, and the serial number for the pistol is engraved on the Fire Control Unit (FCU). The FCU is hidden within the grip module, and a cutout in the grip module makes the serial number visible without taking the pistol apart. A similar setup for the trust engraving would probably be ideal, but it is not clear if this is possible.

ALTERNATIVE LOCATION FOR TRUST ENGRAVING?
Can the trust engraving be made to another part of the pistol instead the FCU? It may not be possible to engrave the trust information on the FCU. There may not be enough surface area on the FCU to allow the characters to be large enough, and the FCU may not be thick enough to allow the characters to be engraved deep enough. Also, it may not be possible to add another cutout in the grip module to let the engraving show through. Since the grip module is plastic, it is probably not acceptable to engrave it. The slide is metal, so maybe the slide can be engraved?

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #1 on: May 07, 2018, 07:38:08 PM »
This is the Sig P320 pistol with the Romeo1 red dot optic. As you might notice, the serial number for the firearm is on the fire control unit (FCU). The FCU is considered to be the actual firearm, and it is hidden within the plastic grip module. A window has been cut in the grip module to make the serial number visible without having to take the pistol apart.

« Last Edit: May 07, 2018, 07:39:42 PM by Bryan »

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #2 on: May 07, 2018, 07:50:21 PM »
Here is the FCU with its serial number.


Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #3 on: May 07, 2018, 07:52:28 PM »
Here are a couple of grip modules with their windows for the serial number.

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #4 on: May 07, 2018, 07:54:14 PM »
Here is the B&T USW-320 grip module with folding buttstock.

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #5 on: May 07, 2018, 07:55:33 PM »
Since the FCU is considered to be the firearm, it appears that it must be engraved with the trust info and whatever other info that is needed.

This seems like a difficult, if not impossible task.

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #6 on: May 07, 2018, 08:05:35 PM »
Here is the complete SBR with the buttstock folded.

Bryan

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #7 on: May 08, 2018, 01:16:53 PM »
I contacted A BATFE Licensed Firearms Manufacturer (Type 07 FFL / Class 02 SOT) who does engraving. Here is his response to the issue:

Quote
I would recommend obtaining written clarification directly from ATF. For non-licensee markings, the statute requires you to mark or fix the applicants name, city, and state to the barrel, frame, or receiver. It does not specify any single location.

Attempting to engrave your fire control group and create a window where it would be visible may be impractical.
« Last Edit: May 08, 2018, 01:20:29 PM by Bryan »

TexasLawShield

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Re: Constructive Possession & Location of Trust Engraving?
« Reply #8 on: May 14, 2018, 01:26:22 PM »
Bryan,

Yes, you may purchase a USW-320. As you pointed out, you many not assemble the USW-320 and P320 pistol into an SBR or have both items together in close proximity (constructive possession of an SBR) until you have properly registered the P320 pistol to be modified with the ATF and have paid the required tax. It seems that you are already familiar with the process of registration and ATF paperwork, but if you have questions, feel free to call TLS and ask for attorney help.

With regards to the engraving/marking requirements: The trust engravings must be visible without taking the item apart. See 27 CFR § 479.102 and § 7.4 of the NFA handbook: “Each [maker] of a firearm must legibly identify it by engraving, stamping (impressing), or otherwise conspicuously placing on the firearm’s frame or receiver an individual serial number not duplicating any serial number placed by [you] on any other firearm. The requirement that the marking be “conspicuously” placed on the firearm means that the marking must be wholly unobstructed from plain view … Certain additional information must also be conspicuously placed on the frame, receiver, or barrel of the firearm by engraving, casting, stamping (impressing), that is, they must be placed in such a manner that they are wholly unobstructed from plain view.  For firearms [made] on or after January 30, 2002, this information must be to a minimum depth of .003 inch.”

This additional information includes: (1) the model, if such designation has been made; (2) the caliber or gauge; (3) Your name (or recognized abbreviation), and also, when applicable, the name of the foreign manufacturer or maker; and the city and State (or recognized abbreviation) where you, as the maker made the firearm.
https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-7/download

In regards to other locations to be stamped: If there is not enough room, you may have to request a variance. As stated above, each maker of a firearm “must legibly identify it by engraving, stamping (impressing), or otherwise conspicuously placing on the firearm’s frame or receiver” the serial number and additional information listed above. A variance can be requested by submitting a letter to ATF’s Firearm Technology Branch. Please see § 7.4.4 of the NFA handbook, or call TLS and ask to speak to an attorney for details on the content of the letter.