This weekend, I was shocked to read an article on Facebook that was from a popular gun website that instructed people that they did not have to engrave a firearms that they “made” using a Form 1 unless they were going to sell the firearm. This author claims to have asked ATF a question and received a response from an individual who is associated with the ATF.
This is equivalent to asking a police officer to interpret the law. Not only do they often make mistakes, but you cannot reply on what they tell you, because they are permitted to lie to you.
The biggest issues seems to be the confusion between the definitions for the words “Make” and “Manufacture” as defined in 27 C.F.R. 479.11
Make. This term and the various derivatives thereof shall include manufacturing (other than by one qualified to engage in such business under this part), putting together, altering, any combination of these, or otherwise producing a firearm.
Manufacturer. Any person who is engaged in the business of manufacturing firearms.
Using a Form 1 does not involve manufacturing under a license, but does involve making or manufacturing by one without a license to manufacture.
In other words, we are recommending that our clients continue to engrave when the make a firearm on a Form 1. Be careful out there, there are lots of things written on the Internet that could cause a loss of liberty and freedom if act on bad information.