Posted: 12/18/2008 8:03:38 AM EDT
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Where is it written into law where an establishment must possess an FFL in order to hold or store a gun overnite?
Had my stripped lower engraved and it was mentioned in another post that the shop had to engrave it while you wait because they did not have an FFL. Is there such a law? TIA |
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That ATF link refers to manufacturers. If you read carefully and get proper definitions, I'll bet that for an individual to bring in a personal use gun for engraving does not fall under this code. If you brought in 5 of them in with intent to sell afterwords, THEN it is a different story. If you would like to check with the ATF in Milwaukee, I'll email you a number and person to speak with.
Don |
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Quoted:
That ATF link refers to manufacturers. If you read carefully and get proper definitions, I'll bet that for an individual to bring in a personal use gun for engraving does not fall under this code. If you brought in 5 of them in with intent to sell afterwords, THEN it is a different story. If you would like to check with the ATF in Milwaukee, I'll email you a number and person to speak with. Don The ATF FAQ does not refer to manufacturers. (I1) Is a license needed to engage in the business of engraving, customizing, refinishing or repairing firearms? [Back]
Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. See Item 16, “Federal Excise Tax” in the General Information section of this publication. [27 CFR 478.11] It is straight forward. |
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I respectfully disagree. This law follows under the heading of "Gunsmith". A Gunsmith as defined by this code is as follows:
"A person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such a term shall not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;" Ask yourself does either person involved fall into this category? Now read the answer part of the ATF response: "Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. See Item 16, “Federal Excise Tax” in the General Information section of this publication." Notice the first qualifier here: "as a business" and read what this code defines it as: "Engaged in the business—(a) Manufacturer of firearms. A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured" As you read this you must know what this code defines as a manufacturer: "Any person engaged in the business of manufacturing firearms or ammunition. The term shall include any person who engages in such business on a part-time basis." Now notice the second qualifier: "within the definition of a dealer" which is defined by this code as: "Dealer. Any person engaged in the business of selling firearms at whole-sale or retail; any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker. The term shall include any person who engages in such business or occupation on a part-time basis." I'm not thinking either of these 2 parties fit the descriptions. Not for me to decide for them specifically though. If this was the case, the same would apply if I were to send a lower receiver to a local metal plating shop or maybe a powder-coating shop for finishing. If I am doing this for personal use and the place I am having do this doesn't do this on a regular basis, no harm, no foul. ...at least that is what I am reading. I'd say error on the safe side, attempt to contact the ATF. Don |