AR Sponsor
Posted: 1/31/2009 3:22:46 PM EDT
| I have quite a few spare AR parts, all NIB, laying around my place that I purchased to beat the Obama administration and need to get rid of some of these to free up some cash for other projects. Is it legal for me to assemble some of the barrels with some of the uppers I have, slap some handguards on them and sell them or is this considered manufacturing and therefor illegal? |
| I'm not a lawyer, nor a cop. That being said my understanding of the law goes to intent. If you originally purchased it all to use, and now need to sell for money, then it's not illegal. Intent is easily argued though, I would think if it's a small # of weapons chances are it won't be looked at too harshly. When in doubt call the ATF |
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Quoted:
I'm talking about uppers only. No problem. You just don't want to buy 100% of the parts with intent to sell 100% complete rifles to make a profit. No one says you can't sell rifles or parts, just don't build/buy the rifles with intent to sell and make a profit. That would be tax evasion since you don't have a FFL. |
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Quoted:
I have quite a few spare AR parts, all NIB, laying around my place that I purchased to beat the Obama administration and need to get rid of some of these to free up some cash for other projects. Is it legal for me to assemble some of the barrels with some of the uppers I have, slap some handguards on them and sell them or is this considered manufacturing and therefor illegal? Basically you're assembling a complete upper? That's not even considered a firearm, just parts.Go ahead and build away.HOWEVER, if you are advertising "gun repairs" or "gunsmithing" then you need to be licensed. |
| From my understanding, limited so dont take it to heart, you can build 2 rifles a year with the intent to sell without needing any kind of license. This came from the class three manufacturer in my town. I was asking about how to legally produce lowers from a block of aluminum when he told me this.Like I said this was something i was told so take it with a grain of salt. |
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Quoted:
From my understanding, limited so dont take it to heart, you can build 2 rifles a year with the intent to sell without needing any kind of license. This came from the class three manufacturer in my town. I was asking about how to legally produce lowers from a block of aluminum when he told me this.Like I said this was something i was told so take it with a grain of salt. I don't know about the "2/year" thing, but I do know that the issue is about business. If you're doing the building as a business, you "may" have problems. If you're just assembling stuff you have around and selling it off to make room for other stuff or recover your investment, that's not being "in business." If you were in the business of making firearms, you'd need a special FFL and to pay a special occupational tax. But since uppers aren't firearms (really they're just accessories), there shouldn't be any problem. |
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