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That was all in response to the ATF letter of 2015. But specifically called out businesses allowing customers to pay to use their facilities to complete basically a factory built lower and in doing so, circumvent the manufacturer regulations. The public took it to mean you can't borrow your neighbor's hammer to work on a firearm without being charged for manufacturing without a license.
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“It is also illegal for a private individual to complete an 80% in their friend or neighbor’s garage using using the friend’s equipment. Essentially this means the only way to complete an 80% lower is to buy your own equipment (jig, drill press, drill bits, or CNC machine, etc.) and finish it in your own home.”
Not sure who the source of that is, but they are mis-informed. Nothing in the US Code, CFR, ATF Rules, Case law prevent you from using borrowed equipment.
That was all in response to the ATF letter of 2015. But specifically called out businesses allowing customers to pay to use their facilities to complete basically a factory built lower and in doing so, circumvent the manufacturer regulations. The public took it to mean you can't borrow your neighbor's hammer to work on a firearm without being charged for manufacturing without a license.
Nothing says you can't borrow equipment - the Obama ATF interpreted the law - as well as the absence of language specifically allowing such actions in GCA'68 - to be that you must be the one who operates it and the means of production must be under your "dominion and control", ie you control access to, and use of, the machinery and/or equipment.
Thus, you cannot "rent" time in a machine shop that you do not own or control to manufacture a firearm (while you can machine parts for aircraft, motorcycles or a marital aid without concern).
The only "workaround" that was discussed here and elsewhere that involves a machine shop might be the following:
The machine shop owner sells his shop to an interested party, fully furnished, for a fair market value of all the equipment and materials contained therein, but only requires a deposit for the new owner to take possession.
He signs the contract - including a clause providing him with first right of purchase should the business be made available for sale, and a clause that stipulates that all machinery would be in the same or better mechanical and operational condition that is was delivered in or it would be repaired - but otherwise reliquishing access to, and use of the machinery, tools, and equipment to the new owner, including the surrendering of keys to the property - at 4:45 on Friday.
Thus all the equipment, as property of the new owner, is available for her unlimited use. If the machines had been preset to perform certain actions, and the new owner had been provided a tour of the property and equipment, including blank placement and machine operation, then there's no need for additional technical assistance - although as long as the new owner is the one performing the tasks. And if there was a problem, as the owner - you know, the one with all dominion and control over the equipment, there's nothing that says they cannot hire technical advisers, as long as the owner is the one performing the action.
But running a machine shop can be a difficult endeavor....the life of a small business owner isn't for everyone, so perhaps, after a day or two, the new owner decides that that's not the path they wish to follow, and they back out of their purchase contract on Sunday, surrendering their deposit, and the keys.
The amount of the deposit? It might correlate to the going rate for the number of hours the machines were in use, but that's just an idea.