Section 9.5 Conveyances of NFA firearms not treated as "transfers" under the NFA
9.5.1 Repair of firearms. ATF does not consider the temporary conveyance of an NFA firearm to an FFL for repair to be a "transfer" under the NFA. Thus, a transfer application is not required to convey the firearm for repair or to return the repaired fire arm to its owner/possessor. Nevertheless, in order to avoid any appearance that a "transfer" has taken place, ATF recommends that a Form 5 application be submitted for approval prior to conveying the firearm for repair. It is also recommended that the FFL making repairs obtain an approved Form 5 to return a repaired firearm. If Forms 5 are not used to convey a firearm for repair or return the repaired firearm to the owner, the parties should maintain documentation showing that the conveyance was for purposes of repair, identifying the firearm, and showing the anticipated time for repair. Approved Forms 5, or the recommended documentation, will show that an unlawful "transfer" did not take place and that the FFL making the repairs is not in
unlawful possession of the firearm. A non-FFL who proposes to transport a destructive device, machinegun, or short-barrel shotgun or rifle interstate to an FFL for repair should first obtain an approved ATF Form 5320.20 before transporting the firearm.
9.5.1.1 Repair of firearm silencers.
ATF published FAQs on April 17, 2008, regarding the repair and replacement of silencers and silencer components. These FAQs are published on the ATF website and are included in Appendix B.