December 26, 1998

Bureau of Alcohol, Tobacco and Firearms
Firearms Technology Branch
Washington, DC 20226

Greetings:

     I had a question about the application of the National
Firearms Act to firearm silencers.  I am wondering if a licensed
manufacturer of silencers may lawfully replace a broken or
defective silencer, returned to him for repair, with a new silencer
with the same serial number as the broken or defective one.  In the
process of replacement the original silencer would be destroyed.

     Your advice on this issue would be appreciated.

Thank you,




                   DEPARTMENT OF THE TREASURY
             Bureau of Alcohol, Tobacco and Firearms
                     Washington, D.C. 20226

                  [undated, but mailed 1/27/99]

                                            901000:TN
                                           179.101/99-7473


Dear Mr. :

This is in response to your letter dated December 26, 1998,
regarding if a licensed manufacturer may replace a broken or
defective silencer, returned for repair.

Yes, a licensed manufacturer may repair or replace a defective
silencer, with a new silencer bearing the same serial number as the
defective silencer.

The owner of the silencer should receiver permission from Bureau of
Alcohol, Tobacco and Firearms for the transfer by completing and
mailing ATF From 5 (Application for Tax Exempt Transfer and
Registration of a Firearm), to the National Firearms Act Branch
(NFA) and receive approval prior to the delivery.  The manufacturer
should do the same prior to returning the silencer.  Only the face
of the form need be completed in each instance.

We have enclosed blank Form 5, and instruction sheets which you
will find helpful in completing the enclosed form.

If we can be of further assistance, please contact us at (202)
927-8330.

                       Sincerely yours,

                            [signed]
                       Kent M. Cousins
             Chief, National Firearms Act Branch

Enclosure