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Link Posted: 1/30/2015 8:44:32 PM EDT
[#1]
No. But say you buy a Ghost Gunner. You and all your friends were going to go in on it, but now that would be an "association" and you'd have to get a manufacturer's license, pay ITAR fees, etc. Instead, you pay the full price of the Ghost Gunner, make your 10-15 lowers, and then sell it to your buddy for $1499. He makes his 10-15 lowers, then sells it to his buddy for $1498. Etc, etc. There are now receipts for real money, the machine changes physical hands, and you don't get it back.
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The ruling is a little bit ambiguous, but the prohibition on "associations" is not regarding multiple equal-part owners, but rather folks who pay a smaller sum to be part of the "bubba joe's milling machine association".  This is also where the "dominion and control language comes into play.  Look at it the way it was with the FAA situation; they put the kybosh on "associations" that had dozens of people paying a paltry sum to stake some small claim in an aircraft, and then paying "for fuel and maintenance" when they were flying it.  The reality was, there was an owner, and then there were a bunch of people who paid him rental fees.

Same thing; you can't buy a $3,000 mill and then offer $50 "association dues" for countless people to be permitted use of it in the same way a rental would work, but if you and two buddies legitimately went in $1,000 each on a $3,000 machine, and any of you can access it and use it however you see fit at any time, then all three people have "dominion and control" over "their machine".


So, you should be able to go in with a group on a Ghost CNC machine and assemble for personal use to your heart's content. Nobody is making any money, it cost everyone their equal share of the machine and they use it to make their own guns. No business is set up, no profit in money or favors or products. If an outsider wants to use it, fine, but they can't be charged so much as a favor, nothing at all in exchange.

Private build parties, same thing. As long as nobody makes any money (gets any consideration), there is no manufacturing business, licensed or otherwise. That would be like if I took my motorcycle to a friend's house who has tools and expertise to help me fix it, that doesn't make him a mechanic business operating w/o a license, especially with no payment.
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Wrong.   A business does not have to generate a profit to be considered a business by the IRS.  And where ATF is concerned, money is irrelevant, profit, loss or otherwise.  If you started cranking out guns and literally giving them away, just because you're not making anything (losing, in fact) does not change the fact that you are manufacturing for distribution without an FFL.
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