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Posted: 12/20/2011 3:10:53 PM EDT
| Is assembly of a stripped lower to a complete rifle considered manufacturing? |
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Yes, it is. In fact, they consider it manufacturing if you wrap camo tape around it.
Now, its legal to manufacture a firearm for your own use. (Under federal law, state and city law may differ). You can even make NFA items, as long as they are not machine guns. Be careful, a shoelace was once considered a machine gun. |
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If you bought the lower from a FFL––––you aren't manufacturing and need no special licence. The lower is the firearm. This. If you bought a fully machined lower receiver (stripped or not) with all the necessary markings on it - you bought a "firearm". You can put as many parts on it as you want as long as YOU did not manufacture the lower receiver. Turning the part on the left, into the part on the right, is "manufacturing" and would require the license if the intent is to SELL it. It would also require paying the appropriate Federal excise tax on each receiver manufactured. Keep it for your OWN use, then there is no license needed. Clear as mud? http://img.photobucket.com/albums/v82/Highpwr/AR%20Lower/Anodized_rear.jpg That is more of that I was asking thanks. I was looking at it in the eyes of an FFL holder. If that FFL purchased Lower recievers (as the one on the right) then put them together as rifles, pistols or whatever, Is that considered manufacturing? |
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Quoted:
Quoted:
Quoted:
If you bought the lower from a FFL––––you aren't manufacturing and need no special licence. The lower is the firearm. This. If you bought a fully machined lower receiver (stripped or not) with all the necessary markings on it - you bought a "firearm". You can put as many parts on it as you want as long as YOU did not manufacture the lower receiver. Turning the part on the left, into the part on the right, is "manufacturing" and would require the license if the intent is to SELL it. It would also require paying the appropriate Federal excise tax on each receiver manufactured. Keep it for your OWN use, then there is no license needed. Clear as mud? http://img.photobucket.com/albums/v82/Highpwr/AR%20Lower/Anodized_rear.jpg That is more of that I was asking thanks. I was looking at it in the eyes of an FFL holder. If that FFL purchased Lower recievers (as the one on the right) then put them together as rifles, pistols or whatever, Is that considered manufacturing? Yes. If you buy stripped lowers and assemble into complete rifles, or buy separate complete uppers and lowers and connect them you need an 07FFL (Manufacturer FFL). This is only in regards to items that are being made to be sold. If you are doing it for your own weapon no license is needed. Also if you do get an 07FFL you will be responsible for ITAR registration which is $2250 a year. Federal Excise Tax is not necessary for less than 50 firearms a year. 49 firearms and you don't need to worry about it. 50 and you are responsible for FET on all 50. |
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Quoted:
That is more of that I was asking thanks. I was looking at it in the eyes of an FFL holder. If that FFL purchased Lower recievers (as the one on the right) then put them together as rifles, pistols or whatever, Is that considered manufacturing? Yes, they are manufacturing completed rifles. Some, or all, gun stores won't even slap an upper on a lower for you if it's not purchased as a rifle. Places like PSA that sell kits + receivers have to charge federal excise tax if you buy it all in one trip even though its a bunch of seperate bags of parts. Buy the receiver one day and the kit the next and you pay 11% less. |
| I was asking for the part of selling custom rifles to coworkers (LEO). As an ff they purchase the lowers and that comes in and then purchase the other parts at a later date and it is assembled for them. That would be considered manufacturing and I would have to pay the tax. Guess it will be the many license after all. |
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Quoted: Ahhh.... OK. I understand now. You are talking about after YOU are a licensed dealer. My bad. DOH!Quoted: Quoted: If you bought the lower from a FFL––––you aren't manufacturing and need no special licence. The lower is the firearm. This. If you bought a fully machined lower receiver (stripped or not) with all the necessary markings on it - you bought a "firearm". You can put as many parts on it as you want as long as YOU did not manufacture the lower receiver. Turning the part on the left, into the part on the right, is "manufacturing" and would require the license if the intent is to SELL it. It would also require paying the appropriate Federal excise tax on each receiver manufactured. Keep it for your OWN use, then there is no license needed. Clear as mud? http://img.photobucket.com/albums/v82/Highpwr/AR%20Lower/Anodized_rear.jpg That is more of that I was asking thanks. I was looking at it in the eyes of an FFL holder. If that FFL purchased Lower recievers (as the one on the right) then put them together as rifles, pistols or whatever, Is that considered manufacturing? |
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Quoted:
Yes, it is. In fact, they consider it manufacturing if you wrap camo tape around it. Now, its legal to manufacture a firearm for your own use. (Under federal law, state and city law may differ). You can even make NFA items, as long as they are not machine guns. Be careful, a shoelace was once considered a machine gun. I heard of someone sending in a shoelace to the ATF to get it registered lol. Anyways this, if an FFL is doing it with the intent to sell he needs a manufacturing license. Also what do you mean its legal to make NFA items? Like suppressors? Pretty sure that's illegal. Maybe I'm misunderstanding what you are saying. |
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One of the reasons the ATF considers assembling stripped lowers into working guns "manufacturing" is because there is no excise tax paid on stripped lowers, only complete guns and the gubnant wants their money.
And you can not pay the excise tax without having a 07 FFL. |
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