LEN SAVAGE PRESIDENT

tlistor

706-675-0287 Home 706-675-0818 Shop

June 162008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I received the Firearms Technology Branchs (FTB) guidance document [903050MMK 33112008-472] referring to the latest submission by my company Historic Arms LLC for a proposed product a firearm of original design This firearm has been designed as a short-barreled rifle because its barrel is less than 16 inches in length and thus falls under purview of the National Firearms Act (NFA) and must be registered in the National Firearms Registration and Transfer Record (NFRTR)

I am concerned about the apparent lack of a written standard used to examine and test our submitted firearm It appears that our submitted firearm was initially tested according to one set of criteria and that FTB determined and verified that it is a firearm because it fired a projectile see page 6

Since it fires a projectile has a barrel less than 16 inches in length and according to FTB see page 7 is intended to use the shoulder stock and pistol grip of MAC-type registered machinegun in which it is installed it is a short-barreled rifle according to ATF regulations and United States Code TTie submitted firearm was registered in the NFRTR by my company as a short-barreled rifle via an ATF Form 2 prior to submission to FTB

Our concern is that FTB was apparently dissatisfied with the results of the first live fire test because FTB changed the testing criteria and live fire tested the submitted firearm again The new criteria for this second live fire test [see page 7 second paragraph] cannot be foimd in any of our companys engineering books or manuals and does not appear to be a valid scientific testing procedure for the following reasons

bull Using a foreign object to cause a firearm to fire fiilly automatic has historically been viewed by ATF to be a conversion device under the reasoning that the foreign object converts the fu-earm to a machinegun One example of the use of such a foreign object is the use of a shoestring memorialized by ATFFTB in three different Letter Rulings

bull There is no valid and reliable evidence that the new criteria FTB has been universally applied to all MAC-type uppers In fact several MAC-type uppers incorporate an ammimition feed

device on the upper as does the firearm submitted by Historic Arms LLC If the criteria FTB applied to the testing of our latest submission was applied to testing the many caliber conversion uppers that are sold at retail with no restrictions such as the 22 long rifle MAC upper made by Flemming (1) all of them would fire in fiilly automatic mode until the ammunition supply was exhausted (2) there would be no way for the shooter to stop firing Such fiilly automatic firing under these conditions ~ termed sputter fire because it is imcontrolled firing mdash is dangerous

bull On page 4 a sample MAC-10 upper is shown ATF does not consider this sample MAC-10 upper to be a firearm consequently no Form 4473 or NICS check during over the counter sales is required and there is no requirement for this MAC-10 upper to be serial numbered If FTB tested this sample MAC-10 upper using the same criteria FTB used to test the firearm submitted by Historic Arms LLC the sample MAC-10 upper would fire a projectile According to ATF regulations and United States Code the sample MAC-10 upper is therefore a firearm Since ATF does not consider a MAC-10 upper to be a firearm the materials that FTB added during the second test of the firearm submitted by Historic Arms LLC (aluminum plate chain and tensioning bolts) must be a firearm firearm receiver or a device intended to convert a firearm to a machinegun

bull Also importantly if FTB applied the the first test it applied to the firearm submitted by Historic Arms LLC to the sample MAC-10 upper pictured in FTBs guidance FTB would classify the MAC-10 upper as a firearm because it fires a projectile In fact as noted ATF does not regard the sample MAC-10 upper as a firearm at this time which contradicts FTBs current classification of the firearm submitted by Historic Arms LLC in that regard

bull The materials FTB added converted the firearm submitted by Historic Arms LLC into a machinegun therefore the materials constitute a machinegun receiver a machinegim or a conversion device

bull FTBs manipulation of test criteria in order to achieve a specific result is clear and reliable proof of Outcome Based Testing Taken at face value it appears that the purpose of the second test was to produce the outcome of finding a way to convert the Historic Arms LLC submitted firearm into a machinegim

bull Since FTB has not applied the first or second test criteria to other MAC-10 uppers and doing so would result in a FTB determining that all other MAC-10 uppers are machine guns or at least firearms it appears that FTB has singled out the firearm submitted by Historic Arms LLC to preclude its manufacture and sale [Please refer to the enclosed table]

In summary the second test FTB used was not valid The reasons are that the second tests criteria and application (1) has not been consistent or uniformly applied to all MAC-10 uppers (2) apparently singles out the firearm submitted by Historic Arms LLC to preclude its manufacture and sale and (3) ignores the fact that applying the second test to other MAC-10 uppers would convert them into machineguns as was the case with the firearm submitted by Historic Arms LLC Also importantly if the test FTB applied to the firearm submitted by

Historic Arms LLC was applied to the sample MAC-10 upper pictured in FTBs guidance the MAC-10 upper would be classified as a firearm because it fires a projectile In fact as noted ATF does not regard the sample MAC-10 upper as a firearm at this time

It is difficult to understand how FTB would single out a firearm that is not a machine gun convert it into a machinegun and thus preclude its manufacture and sale while ignoring the fact that FTB could convert millions of MAC-10 uppers that ATF currently does not define as firearms into firearms or machinegims

I believe a human error occurred that we are all human and make errors and that this error can be addressed with a correction letter fi-om FTB and the return of my submitted short barrel rifle

If this is not the case please notify me immediately

Respectfiilly

Len Savage

DEVICES FOR MAC-THAT FIRE FROM

TYPE REGISTERED MACHINEGUNS AN OPEN BOLT CONFIGURATION

Name of firearm or device

Sample MAC-10 upper shown Calico upper Flemming type 22 upper Anthony Smith Soumi upper Stoney Creek Soumi upper

54RCCU 762x54R Caliber Conversion Unit

Classification under the GCA

Not a firearm

Not a firearm Not a firearm

Not a firearm

Not a firearm

Firearm

Classification under the NFA

Not a firearm

Not a firearm Not a firearm

Not a fiream

Not a firearm

Firearm Short Barreled Rifle

Results of FTB Test 1 [ducttapemetal plate^plastic ties] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Firearm

Results of FTB Test 2 [chainmetal platetension bolts] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Machinegun

All of the these have been classified by ATFFTB to be NON-firearms

Historic Arms LLC intentions are to keep prohibited persons fiom possessing a 54R Caliber Conversion Device to address a stated ATF concern ATF considers uppers for a MAC-Type firearm to not be a firearm or the fiiame or receiver of a firearm A convicted felon could in theory own [or in Mr Flemmings case] manufacture these uppers openly for distribution to general public

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

SEP 3 0 2004

903050RDC wwwfov 33112004-379

Mr Brian A Blakely

Dear Mr Blakely

This refers to your letter of February 62004 to the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) Firearms Technology Branch (FTB) in which you inquired about the legality of a small section of string intended for use as a means for increasing the cycling rate of a semiautomatic rifle

As you may be aware the National Firearms Act 26 USC sect 5845(b) defines machinegun to include the following

any weapon that shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger This term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person [holding added]

In 1996 FTB examined and classified a 14-inch long shoestring with a loop at each end The string was attached to the cocking handle of a semiautomatic rifle and was looped around the trigger and attached to the shooters finger The device caused the weapon to fire repeatedly until finger pressure was released from the string Because this item was designed and intended to convert a semiautomatic rifle into a machinegim FTB determined that it was a machinegun as defined in 26 USC 5845(b)

We thank you for your inquiry regret the delay in response and trust the foregoing has been responsive

Sincerely yours

t Sterling Nixon

Chief Firearms Technology Branch

device on the upper as does the firearm submitted by Historic Arms LLC If the criteria FTB applied to the testing of our latest submission was applied to testing the many caliber conversion uppers that are sold at retail with no restrictions such as the 22 long rifle MAC upper made by Flemming (1) all of them would fire in fiilly automatic mode until the ammunition supply was exhausted (2) there would be no way for the shooter to stop firing Such fiilly automatic firing under these conditions ~ termed sputter fire because it is imcontrolled firing mdash is dangerous

bull On page 4 a sample MAC-10 upper is shown ATF does not consider this sample MAC-10 upper to be a firearm consequently no Form 4473 or NICS check during over the counter sales is required and there is no requirement for this MAC-10 upper to be serial numbered If FTB tested this sample MAC-10 upper using the same criteria FTB used to test the firearm submitted by Historic Arms LLC the sample MAC-10 upper would fire a projectile According to ATF regulations and United States Code the sample MAC-10 upper is therefore a firearm Since ATF does not consider a MAC-10 upper to be a firearm the materials that FTB added during the second test of the firearm submitted by Historic Arms LLC (aluminum plate chain and tensioning bolts) must be a firearm firearm receiver or a device intended to convert a firearm to a machinegun

bull Also importantly if FTB applied the the first test it applied to the firearm submitted by Historic Arms LLC to the sample MAC-10 upper pictured in FTBs guidance FTB would classify the MAC-10 upper as a firearm because it fires a projectile In fact as noted ATF does not regard the sample MAC-10 upper as a firearm at this time which contradicts FTBs current classification of the firearm submitted by Historic Arms LLC in that regard

bull The materials FTB added converted the firearm submitted by Historic Arms LLC into a machinegun therefore the materials constitute a machinegun receiver a machinegim or a conversion device

bull FTBs manipulation of test criteria in order to achieve a specific result is clear and reliable proof of Outcome Based Testing Taken at face value it appears that the purpose of the second test was to produce the outcome of finding a way to convert the Historic Arms LLC submitted firearm into a machinegim

bull Since FTB has not applied the first or second test criteria to other MAC-10 uppers and doing so would result in a FTB determining that all other MAC-10 uppers are machine guns or at least firearms it appears that FTB has singled out the firearm submitted by Historic Arms LLC to preclude its manufacture and sale [Please refer to the enclosed table]

In summary the second test FTB used was not valid The reasons are that the second tests criteria and application (1) has not been consistent or uniformly applied to all MAC-10 uppers (2) apparently singles out the firearm submitted by Historic Arms LLC to preclude its manufacture and sale and (3) ignores the fact that applying the second test to other MAC-10 uppers would convert them into machineguns as was the case with the firearm submitted by Historic Arms LLC Also importantly if the test FTB applied to the firearm submitted by

Historic Arms LLC was applied to the sample MAC-10 upper pictured in FTBs guidance the MAC-10 upper would be classified as a firearm because it fires a projectile In fact as noted ATF does not regard the sample MAC-10 upper as a firearm at this time

It is difficult to understand how FTB would single out a firearm that is not a machine gun convert it into a machinegun and thus preclude its manufacture and sale while ignoring the fact that FTB could convert millions of MAC-10 uppers that ATF currently does not define as firearms into firearms or machinegims

I believe a human error occurred that we are all human and make errors and that this error can be addressed with a correction letter fi-om FTB and the return of my submitted short barrel rifle

If this is not the case please notify me immediately

Respectfiilly

Len Savage

DEVICES FOR MAC-THAT FIRE FROM

TYPE REGISTERED MACHINEGUNS AN OPEN BOLT CONFIGURATION

Name of firearm or device

Sample MAC-10 upper shown Calico upper Flemming type 22 upper Anthony Smith Soumi upper Stoney Creek Soumi upper

54RCCU 762x54R Caliber Conversion Unit

Classification under the GCA

Not a firearm

Not a firearm Not a firearm

Not a firearm

Not a firearm

Firearm

Classification under the NFA

Not a firearm

Not a firearm Not a firearm

Not a fiream

Not a firearm

Firearm Short Barreled Rifle

Results of FTB Test 1 [ducttapemetal plate^plastic ties] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Firearm

Results of FTB Test 2 [chainmetal platetension bolts] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Machinegun

All of the these have been classified by ATFFTB to be NON-firearms

Historic Arms LLC intentions are to keep prohibited persons fiom possessing a 54R Caliber Conversion Device to address a stated ATF concern ATF considers uppers for a MAC-Type firearm to not be a firearm or the fiiame or receiver of a firearm A convicted felon could in theory own [or in Mr Flemmings case] manufacture these uppers openly for distribution to general public

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

SEP 3 0 2004

903050RDC wwwfov 33112004-379

Mr Brian A Blakely

Dear Mr Blakely

This refers to your letter of February 62004 to the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) Firearms Technology Branch (FTB) in which you inquired about the legality of a small section of string intended for use as a means for increasing the cycling rate of a semiautomatic rifle

As you may be aware the National Firearms Act 26 USC sect 5845(b) defines machinegun to include the following

any weapon that shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger This term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person [holding added]

In 1996 FTB examined and classified a 14-inch long shoestring with a loop at each end The string was attached to the cocking handle of a semiautomatic rifle and was looped around the trigger and attached to the shooters finger The device caused the weapon to fire repeatedly until finger pressure was released from the string Because this item was designed and intended to convert a semiautomatic rifle into a machinegim FTB determined that it was a machinegun as defined in 26 USC 5845(b)

We thank you for your inquiry regret the delay in response and trust the foregoing has been responsive

Sincerely yours

t Sterling Nixon

Chief Firearms Technology Branch

Historic Arms LLC was applied to the sample MAC-10 upper pictured in FTBs guidance the MAC-10 upper would be classified as a firearm because it fires a projectile In fact as noted ATF does not regard the sample MAC-10 upper as a firearm at this time

It is difficult to understand how FTB would single out a firearm that is not a machine gun convert it into a machinegun and thus preclude its manufacture and sale while ignoring the fact that FTB could convert millions of MAC-10 uppers that ATF currently does not define as firearms into firearms or machinegims

I believe a human error occurred that we are all human and make errors and that this error can be addressed with a correction letter fi-om FTB and the return of my submitted short barrel rifle

If this is not the case please notify me immediately

Respectfiilly

Len Savage

DEVICES FOR MAC-THAT FIRE FROM

TYPE REGISTERED MACHINEGUNS AN OPEN BOLT CONFIGURATION

Name of firearm or device

Sample MAC-10 upper shown Calico upper Flemming type 22 upper Anthony Smith Soumi upper Stoney Creek Soumi upper

54RCCU 762x54R Caliber Conversion Unit

Classification under the GCA

Not a firearm

Not a firearm Not a firearm

Not a firearm

Not a firearm

Firearm

Classification under the NFA

Not a firearm

Not a firearm Not a firearm

Not a fiream

Not a firearm

Firearm Short Barreled Rifle

Results of FTB Test 1 [ducttapemetal plate^plastic ties] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Firearm

Results of FTB Test 2 [chainmetal platetension bolts] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Machinegun

All of the these have been classified by ATFFTB to be NON-firearms

Historic Arms LLC intentions are to keep prohibited persons fiom possessing a 54R Caliber Conversion Device to address a stated ATF concern ATF considers uppers for a MAC-Type firearm to not be a firearm or the fiiame or receiver of a firearm A convicted felon could in theory own [or in Mr Flemmings case] manufacture these uppers openly for distribution to general public

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

SEP 3 0 2004

903050RDC wwwfov 33112004-379

Mr Brian A Blakely

Dear Mr Blakely

This refers to your letter of February 62004 to the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) Firearms Technology Branch (FTB) in which you inquired about the legality of a small section of string intended for use as a means for increasing the cycling rate of a semiautomatic rifle

As you may be aware the National Firearms Act 26 USC sect 5845(b) defines machinegun to include the following

any weapon that shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger This term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person [holding added]

In 1996 FTB examined and classified a 14-inch long shoestring with a loop at each end The string was attached to the cocking handle of a semiautomatic rifle and was looped around the trigger and attached to the shooters finger The device caused the weapon to fire repeatedly until finger pressure was released from the string Because this item was designed and intended to convert a semiautomatic rifle into a machinegim FTB determined that it was a machinegun as defined in 26 USC 5845(b)

We thank you for your inquiry regret the delay in response and trust the foregoing has been responsive

Sincerely yours

t Sterling Nixon

Chief Firearms Technology Branch

DEVICES FOR MAC-THAT FIRE FROM

TYPE REGISTERED MACHINEGUNS AN OPEN BOLT CONFIGURATION

Name of firearm or device

Sample MAC-10 upper shown Calico upper Flemming type 22 upper Anthony Smith Soumi upper Stoney Creek Soumi upper

54RCCU 762x54R Caliber Conversion Unit

Classification under the GCA

Not a firearm

Not a firearm Not a firearm

Not a firearm

Not a firearm

Firearm

Classification under the NFA

Not a firearm

Not a firearm Not a firearm

Not a fiream

Not a firearm

Firearm Short Barreled Rifle

Results of FTB Test 1 [ducttapemetal plate^plastic ties] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Firearm

Results of FTB Test 2 [chainmetal platetension bolts] Firearm

Machinegun Machinegun

Machinegun

Machinegun

Machinegun

All of the these have been classified by ATFFTB to be NON-firearms

Historic Arms LLC intentions are to keep prohibited persons fiom possessing a 54R Caliber Conversion Device to address a stated ATF concern ATF considers uppers for a MAC-Type firearm to not be a firearm or the fiiame or receiver of a firearm A convicted felon could in theory own [or in Mr Flemmings case] manufacture these uppers openly for distribution to general public

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

SEP 3 0 2004

903050RDC wwwfov 33112004-379

Mr Brian A Blakely

Dear Mr Blakely

This refers to your letter of February 62004 to the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) Firearms Technology Branch (FTB) in which you inquired about the legality of a small section of string intended for use as a means for increasing the cycling rate of a semiautomatic rifle

As you may be aware the National Firearms Act 26 USC sect 5845(b) defines machinegun to include the following

any weapon that shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger This term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person [holding added]

In 1996 FTB examined and classified a 14-inch long shoestring with a loop at each end The string was attached to the cocking handle of a semiautomatic rifle and was looped around the trigger and attached to the shooters finger The device caused the weapon to fire repeatedly until finger pressure was released from the string Because this item was designed and intended to convert a semiautomatic rifle into a machinegim FTB determined that it was a machinegun as defined in 26 USC 5845(b)

We thank you for your inquiry regret the delay in response and trust the foregoing has been responsive

Sincerely yours

t Sterling Nixon

Chief Firearms Technology Branch

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

SEP 3 0 2004

903050RDC wwwfov 33112004-379

Mr Brian A Blakely

Dear Mr Blakely

This refers to your letter of February 62004 to the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) Firearms Technology Branch (FTB) in which you inquired about the legality of a small section of string intended for use as a means for increasing the cycling rate of a semiautomatic rifle

As you may be aware the National Firearms Act 26 USC sect 5845(b) defines machinegun to include the following

any weapon that shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger This term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person [holding added]

In 1996 FTB examined and classified a 14-inch long shoestring with a loop at each end The string was attached to the cocking handle of a semiautomatic rifle and was looped around the trigger and attached to the shooters finger The device caused the weapon to fire repeatedly until finger pressure was released from the string Because this item was designed and intended to convert a semiautomatic rifle into a machinegim FTB determined that it was a machinegun as defined in 26 USC 5845(b)

We thank you for your inquiry regret the delay in response and trust the foregoing has been responsive

Sincerely yours

t Sterling Nixon

Chief Firearms Technology Branch

US Department of Justice

Bureau of Alcohol Tobacco Firearms and Explosives

Martinsburg WV 25401

wwwatfgov

JUN 10 2008

903050MMK 33112008-472

Mr Len Savage Historic Arms LLC 1486 Cherry Road Franklin Georgia 30217

Dear Mr Savage

This refers to your letter of April 21 2008 to the Firearms Technology Branch (FTB) Bureau of Alcohol Tobacco Firearms and Explosives (ATF) regarding a submitted prototype Your submission is a modified PKM-type 762x54R caliber machinegun receiver assembly which you have designated the Model 54RCCS serial number VI You request verification that the sample is designed to be fired fi-om the shoulder has a barrel length of less than 16 inches and is designed for exclusive use in a MAC-type machinegun as a caliber conversion device

The submitted sample (photo immediately below) is comprised of the following components

Modified PKM-type receiver mated with a MAC-type upper Unmodified PKM-type top cover and feed-tray assembly Newly manufactured plastic forearm Shortened PKM-type gas system Barrel approximately 15-34 inches long Modified PKM-type machinegun bolt carrier assembly PKM-type bolt assembly

Submitted Sample

Historic Arms UC IVkxtel 54RCCS Serial No VI

Mr Len Savage

The FTB examination noted the following external markings

On the right side of the receiver

bull HISTORIC ARMS LLC bull FRANKLIN GA gt F bull 54RCCS 762x54R bull SERIAL No-VI

On the top of the feed-tray assembly

bull EA-141 bull 1976

FTB examination noted the PKM-type receiver was modified in the following manner (see photos below)

bull The lower rear portion of the machinegun receiver where the trigger guard is mounted and a short section of the rear was removed

bull The rear trunionstock-mounting-block was removed

-3-

Mr Len Savage

Serial No Vt

A modified MAC-type upper assembly was inserted into the rear of the PKM-type machinegun receiver and welded in place (see photos below and next page)

L fxsrtion of original receiver

Mr Len Savage

MAC-Type upper PKwl-iype rt

The left-side bolt guide rail was widened in a manner preventing installation of an unmodified machinegun bolt K Tiiew TO2iTiVkiaciTed p2Ae was eAed m pice o acA 2is A caXch foi e lop covtT lock A new manufactured ejection port cover was added to the left side

-3-

Mr Len Savage

Serial No Vt

A modified MAC-type upper assembly was inserted into the rear of the PKM-type machinegun receiver and welded in place (see photos below and next page)

L fxsrtion of original receiver

Mr Len Savage

MAC-Type upper PKwl-iype rt

The left-side bolt guide rail was widened in a manner preventing installation of an unmodified machinegun bolt K Tiiew TO2iTiVkiaciTed p2Ae was eAed m pice o acA 2is A caXch foi e lop covtT lock A new manufactured ejection port cover was added to the left side

Mr Len Savage

MAC-Type upper PKwl-iype rt

The left-side bolt guide rail was widened in a manner preventing installation of an unmodified machinegun bolt K Tiiew TO2iTiVkiaciTed p2Ae was eAed m pice o acA 2is A caXch foi e lop covtT lock A new manufactured ejection port cover was added to the left side

-5-

Mr Len Savage

In addition a modified PKM-type machinegun bolt-carrier-group was found installed The following characteristicsfeatures of this bolt carrier were noted

bull Gas piston was shortened

Original sear notch removed and a plate welded on to act as a sear notch for a MAC-type machinegun sear

MOCitfl^u wvyii-wui 11^1 r-(oowiiii^ijr u i i-iyenii^HjMicu Quii -y^ai 1 ici A S S C H l b l y

Mr Len Savage

bull Left-side guide-rail notch in the bolt widened from 332 inch to 14 inch

Guide-rail slot

The submitted sample was test fired on May 8 2008 at the ATF test range Martinsburg West Virginia utilizing commercially available Wolf brand 762x54R caliber ammunition Due to the absence of a rear trunnion block to hold the recoil spring and guide rod in place an aluminum plate (from stock) approximately 1-14 inch x 1 inch and approximately 316 inch thick was tied to the rear of the receiver using duct tape and two plastic ties (see photo below)

-7-

Mr Len Savage

With the normal factory trigger removed the operating handle becomes the trigger which initiates the automatic open-bolt firing sequence A belt of three rounds was loaded into the sample the operating handle was pulled back and released The sample fired one round and the plastic ties separated under the recoil forces

Next to more securely hold the aluminum plate in place a small section of metal chain was used (see photo next page) The chain was selected since it incorporated a tensioning bolt that could securely hold the aluminum plate in place and would not be cut by the sharp edges of the aluminum plate

Again a belt of three rounds of ammunition was loaded into the sample the operating handle was pulled back and released The sample fired all three rounds automatically without manual reloading by a single function of the trigger This test was repeated with an additional three rounds of ammunition with the same result

The use of a modified bolt did not remove the machinegun features of this bolt It is still an open-bolt operated device

In review of your modifications of the PKM-type machinegun receiver it was determined that the original machinegun design featurescharacteristics were retained Specifically a PKM-type machinegun receiver an open-bolt firing mechanism an original PKM-type machinegun belt feed ammunition mechanism and a shortened PKM-type machinegun barrel It was determined that a MAC-type upper assembly was welded to the PKM-tj^se machinegun receiver which allows the PKM-type machinegun receiver to be attached to a MAC-type machinegun receiver These modifications do not allow for a shoulder stock Instead the intent is to use the shoulder stock andor pistol grip on the MAC-type machinegun receiver to which it is mounted Further the mating of the two machinegun receivers simply allows the MAC-type machinegun receiver to be utilized in initiafing the automatic firing sequence of the PKM-type machinegun receiver

Mr Len Savage

In conclusion FTB foimd that the Model 54RCCS serial number VI submitted with your correspondence is a weapon that shoots automatically more than one shot without manual reloading by a single function of the trigger it also incorporates the frame or receiver of a machinegun Therefore the submitted sample constitutes a machinegun as defined in 26 USC sect 5845(b)

With regard to your request we determine if the submitted sample is a caliber conversion device or not The welding of MAC-type upper section to the internal portion of your PKM-type receiver does not create a caUber conversion Further the combination of the MAC-type machinegun and your PKM-type machinegun would result in the creation of a new machinegun

We regret that ourresponse in this matter has not been_more favorable Because your sample constitutes a machinegun in and of itself and you are a registered SOT the machinegun must be properly registered with the ATF National Firearms Act Branch by close of business of the next business day following your receipt of this letter Please notify FTB when the registration process is complete

The sample will be returned to you under separate cover upon receipt of a notice of proper regisfration To expedite the return of your prototype please provide FTB with yoiu FedEx account number or other appropriate carrier information within 30 days after receiving this letter

We trust the foregoing has been responsive to your request for an evaluation and classification If we can be of any fiirther assistance please contact us

Sincerely yours

^

John R Spencer Chief Firearms Technology Branch

LEN SAVAGE PRESIDENT

tlistori

706-675-0287 Home 706-675-0818 Shop

April 212008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I have shipped to you a prototype firearm [Model54RCCS SN VI] Enclosed you will find the submitted form 2

Please verify the following with respect to the submitted prototype

Designed to be fired firom the shoulder deg Has a barrel length of less than 16 inches deg Designed for exclusive use in MAC type machineguns as a caliber conversion system

I have an information package available containing analysis and documentation if you require it Feel free to contact me if you have any questions

Respectfully

CALICO

54RCCS

IT

Mr Len Savage

bull Left-side guide-rail notch in the bolt widened from 332 inch to 14 inch

Guide-rail slot

The submitted sample was test fired on May 8 2008 at the ATF test range Martinsburg West Virginia utilizing commercially available Wolf brand 762x54R caliber ammunition Due to the absence of a rear trunnion block to hold the recoil spring and guide rod in place an aluminum plate (from stock) approximately 1-14 inch x 1 inch and approximately 316 inch thick was tied to the rear of the receiver using duct tape and two plastic ties (see photo below)

-7-

Mr Len Savage

With the normal factory trigger removed the operating handle becomes the trigger which initiates the automatic open-bolt firing sequence A belt of three rounds was loaded into the sample the operating handle was pulled back and released The sample fired one round and the plastic ties separated under the recoil forces

Next to more securely hold the aluminum plate in place a small section of metal chain was used (see photo next page) The chain was selected since it incorporated a tensioning bolt that could securely hold the aluminum plate in place and would not be cut by the sharp edges of the aluminum plate

Again a belt of three rounds of ammunition was loaded into the sample the operating handle was pulled back and released The sample fired all three rounds automatically without manual reloading by a single function of the trigger This test was repeated with an additional three rounds of ammunition with the same result

The use of a modified bolt did not remove the machinegun features of this bolt It is still an open-bolt operated device

In review of your modifications of the PKM-type machinegun receiver it was determined that the original machinegun design featurescharacteristics were retained Specifically a PKM-type machinegun receiver an open-bolt firing mechanism an original PKM-type machinegun belt feed ammunition mechanism and a shortened PKM-type machinegun barrel It was determined that a MAC-type upper assembly was welded to the PKM-tj^se machinegun receiver which allows the PKM-type machinegun receiver to be attached to a MAC-type machinegun receiver These modifications do not allow for a shoulder stock Instead the intent is to use the shoulder stock andor pistol grip on the MAC-type machinegun receiver to which it is mounted Further the mating of the two machinegun receivers simply allows the MAC-type machinegun receiver to be utilized in initiafing the automatic firing sequence of the PKM-type machinegun receiver

Mr Len Savage

In conclusion FTB foimd that the Model 54RCCS serial number VI submitted with your correspondence is a weapon that shoots automatically more than one shot without manual reloading by a single function of the trigger it also incorporates the frame or receiver of a machinegun Therefore the submitted sample constitutes a machinegun as defined in 26 USC sect 5845(b)

With regard to your request we determine if the submitted sample is a caliber conversion device or not The welding of MAC-type upper section to the internal portion of your PKM-type receiver does not create a caUber conversion Further the combination of the MAC-type machinegun and your PKM-type machinegun would result in the creation of a new machinegun

We regret that ourresponse in this matter has not been_more favorable Because your sample constitutes a machinegun in and of itself and you are a registered SOT the machinegun must be properly registered with the ATF National Firearms Act Branch by close of business of the next business day following your receipt of this letter Please notify FTB when the registration process is complete

The sample will be returned to you under separate cover upon receipt of a notice of proper regisfration To expedite the return of your prototype please provide FTB with yoiu FedEx account number or other appropriate carrier information within 30 days after receiving this letter

We trust the foregoing has been responsive to your request for an evaluation and classification If we can be of any fiirther assistance please contact us

Sincerely yours

^

John R Spencer Chief Firearms Technology Branch

LEN SAVAGE PRESIDENT

tlistori

706-675-0287 Home 706-675-0818 Shop

April 212008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I have shipped to you a prototype firearm [Model54RCCS SN VI] Enclosed you will find the submitted form 2

Please verify the following with respect to the submitted prototype

Designed to be fired firom the shoulder deg Has a barrel length of less than 16 inches deg Designed for exclusive use in MAC type machineguns as a caliber conversion system

I have an information package available containing analysis and documentation if you require it Feel free to contact me if you have any questions

Respectfully

CALICO

54RCCS

IT

-7-

Mr Len Savage

With the normal factory trigger removed the operating handle becomes the trigger which initiates the automatic open-bolt firing sequence A belt of three rounds was loaded into the sample the operating handle was pulled back and released The sample fired one round and the plastic ties separated under the recoil forces

Next to more securely hold the aluminum plate in place a small section of metal chain was used (see photo next page) The chain was selected since it incorporated a tensioning bolt that could securely hold the aluminum plate in place and would not be cut by the sharp edges of the aluminum plate

Again a belt of three rounds of ammunition was loaded into the sample the operating handle was pulled back and released The sample fired all three rounds automatically without manual reloading by a single function of the trigger This test was repeated with an additional three rounds of ammunition with the same result

The use of a modified bolt did not remove the machinegun features of this bolt It is still an open-bolt operated device

In review of your modifications of the PKM-type machinegun receiver it was determined that the original machinegun design featurescharacteristics were retained Specifically a PKM-type machinegun receiver an open-bolt firing mechanism an original PKM-type machinegun belt feed ammunition mechanism and a shortened PKM-type machinegun barrel It was determined that a MAC-type upper assembly was welded to the PKM-tj^se machinegun receiver which allows the PKM-type machinegun receiver to be attached to a MAC-type machinegun receiver These modifications do not allow for a shoulder stock Instead the intent is to use the shoulder stock andor pistol grip on the MAC-type machinegun receiver to which it is mounted Further the mating of the two machinegun receivers simply allows the MAC-type machinegun receiver to be utilized in initiafing the automatic firing sequence of the PKM-type machinegun receiver

Mr Len Savage

In conclusion FTB foimd that the Model 54RCCS serial number VI submitted with your correspondence is a weapon that shoots automatically more than one shot without manual reloading by a single function of the trigger it also incorporates the frame or receiver of a machinegun Therefore the submitted sample constitutes a machinegun as defined in 26 USC sect 5845(b)

With regard to your request we determine if the submitted sample is a caliber conversion device or not The welding of MAC-type upper section to the internal portion of your PKM-type receiver does not create a caUber conversion Further the combination of the MAC-type machinegun and your PKM-type machinegun would result in the creation of a new machinegun

We regret that ourresponse in this matter has not been_more favorable Because your sample constitutes a machinegun in and of itself and you are a registered SOT the machinegun must be properly registered with the ATF National Firearms Act Branch by close of business of the next business day following your receipt of this letter Please notify FTB when the registration process is complete

The sample will be returned to you under separate cover upon receipt of a notice of proper regisfration To expedite the return of your prototype please provide FTB with yoiu FedEx account number or other appropriate carrier information within 30 days after receiving this letter

We trust the foregoing has been responsive to your request for an evaluation and classification If we can be of any fiirther assistance please contact us

Sincerely yours

^

John R Spencer Chief Firearms Technology Branch

LEN SAVAGE PRESIDENT

tlistori

706-675-0287 Home 706-675-0818 Shop

April 212008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I have shipped to you a prototype firearm [Model54RCCS SN VI] Enclosed you will find the submitted form 2

Please verify the following with respect to the submitted prototype

Designed to be fired firom the shoulder deg Has a barrel length of less than 16 inches deg Designed for exclusive use in MAC type machineguns as a caliber conversion system

I have an information package available containing analysis and documentation if you require it Feel free to contact me if you have any questions

Respectfully

CALICO

54RCCS

IT

Mr Len Savage

In conclusion FTB foimd that the Model 54RCCS serial number VI submitted with your correspondence is a weapon that shoots automatically more than one shot without manual reloading by a single function of the trigger it also incorporates the frame or receiver of a machinegun Therefore the submitted sample constitutes a machinegun as defined in 26 USC sect 5845(b)

With regard to your request we determine if the submitted sample is a caliber conversion device or not The welding of MAC-type upper section to the internal portion of your PKM-type receiver does not create a caUber conversion Further the combination of the MAC-type machinegun and your PKM-type machinegun would result in the creation of a new machinegun

We regret that ourresponse in this matter has not been_more favorable Because your sample constitutes a machinegun in and of itself and you are a registered SOT the machinegun must be properly registered with the ATF National Firearms Act Branch by close of business of the next business day following your receipt of this letter Please notify FTB when the registration process is complete

The sample will be returned to you under separate cover upon receipt of a notice of proper regisfration To expedite the return of your prototype please provide FTB with yoiu FedEx account number or other appropriate carrier information within 30 days after receiving this letter

We trust the foregoing has been responsive to your request for an evaluation and classification If we can be of any fiirther assistance please contact us

Sincerely yours

^

John R Spencer Chief Firearms Technology Branch

LEN SAVAGE PRESIDENT

tlistori

706-675-0287 Home 706-675-0818 Shop

April 212008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I have shipped to you a prototype firearm [Model54RCCS SN VI] Enclosed you will find the submitted form 2

Please verify the following with respect to the submitted prototype

Designed to be fired firom the shoulder deg Has a barrel length of less than 16 inches deg Designed for exclusive use in MAC type machineguns as a caliber conversion system

I have an information package available containing analysis and documentation if you require it Feel free to contact me if you have any questions

Respectfully

CALICO

54RCCS

IT

LEN SAVAGE PRESIDENT

tlistori

706-675-0287 Home 706-675-0818 Shop

April 212008

Mr John R Spencer Chief Firearms Technology Branch 244 Needy Rd Martinsburg WV 25405

Dear Mr Spencer

I have shipped to you a prototype firearm [Model54RCCS SN VI] Enclosed you will find the submitted form 2

Please verify the following with respect to the submitted prototype

Designed to be fired firom the shoulder deg Has a barrel length of less than 16 inches deg Designed for exclusive use in MAC type machineguns as a caliber conversion system

I have an information package available containing analysis and documentation if you require it Feel free to contact me if you have any questions

Respectfully

CALICO

54RCCS

IT

CALICO

54RCCS

IT