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Page AK-47 » Build It Yourself
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Posted: 1/23/2006 5:18:22 PM EDT
I am thinking of building a AK for a board member that is out of state.

What are the legalities of this???? I have to be a FFL for him to ship a receiver to me right???

I really like the idea of make some change to further my build funds, but dont want to go to jail in the process.

Thanks
 FREE
Link Posted: 1/23/2006 5:41:02 PM EDT
[#1]
Link Posted: 1/23/2006 5:43:59 PM EDT
[#2]
Don't you also have to pay a tax if you are assembling a new weapon?
Link Posted: 1/23/2006 5:44:31 PM EDT
[#3]
Gunsmith

Law 921(a)(21)(D)

Regulation 478.11

Ruling Rul. 73-13; Rul. 77-1

Engaging in modifications of firearms(receivers) for profit is Gunsmithing and considered a Dealer in Firearms and must possess an FFL

The manufacturing license is only neeed if you are making new receivers and placing your own serial numbers, if you are building a kit from an already manufactured and registered reciever it is gunsmithing

There is no special tax for building up an already manufactured and registered receiver, it is gunsmithing
Link Posted: 1/23/2006 5:50:33 PM EDT
[#4]
Oh well,

So I can get a FFL by just being a part time gunsmith?

Somehow it just sound to good to be true.

FREE
Link Posted: 1/23/2006 5:54:34 PM EDT
[#5]
Link Posted: 1/23/2006 5:59:11 PM EDT
[#6]
Yea I was under the impression you needed a buisness to get a FFL(other than a C&R).

FREE
Link Posted: 1/23/2006 6:05:53 PM EDT
[#7]

Quoted:
Yea I was under the impression you needed a buisness to get a FFL(other than a C&R).

FREE



Most towns (counties) don't require a small business license so you can just be a sole proprietor, you will have to get an IRS number though to report profits

As long as you can show the ATF agent who will come to interview you that you have a suitable area to do gunsmithing with stated hours of operation you should get one no problems.

Link Posted: 1/23/2006 8:23:39 PM EDT
[#8]
The BATFE also checks with the municipality/county to find out if the proposed location has the proper zoning (business).
Link Posted: 1/23/2006 8:28:42 PM EDT
[#9]
Link Posted: 1/23/2006 8:56:01 PM EDT
[#10]

Quoted:
Oh well,

So I can get a FFL by just being a part time gunsmith?

Somehow it just sound to good to be true.

FREE



Think of all the discounts you will get on parts, though.
Link Posted: 1/24/2006 11:57:12 AM EDT
[#11]
Link Posted: 1/24/2006 12:42:58 PM EDT
[#12]
Guys here's my opinion

Joe Blow buys a 100% receiver (the firearm).  Joe add parts to the ALREADY FFL registered firearm (the receiver).   Now one day Joe says, "hey, I need money for groceries, cigarettes, hookers whatever".   He sells the ALREADY FFL'D professionally manufactured receiver that has the serial number on it to Bubba.  

Is Joe Blow a gun dealer, a gun manufacturer?   I hardly think so.   Is JOe engaged in the BUSINESS of making illegal guns?  I don't think so.  

I think Joe should build HIS GUN on the FFL'd Receiver and then sell it later if he wants money for something else.    A one time, two time, three time sales of a  ALREADY FFL'd guns hes' built is no big deal in my book.

Now if JOe were actively engaged in seeking out customers, custom building or even had a small production line then this is a whole different story.  


Last comment - YES the Govt has all the power and YOUR money to screw over Joe all they want to -even when they are wrong.   But I think they have better things to do than screw with Joe.

Shoot, some of you guys have enough home builds to arm a platoon - so you sell a few off in casual sales. Does that make you a DEALER, a manufacturer?   If so, close down AR 15 Builders forum, we are all going to jail for not keeping every gun we ever worked on.

My 2 cents - discounted today only 1 cent.

Link Posted: 1/24/2006 2:12:04 PM EDT
[#13]

Quoted:
Guys here's my opinion

Joe Blow buys a 100% receiver (the firearm).  Joe add parts to the ALREADY FFL registered firearm (the receiver).   Now one day Joe says, "hey, I need money for groceries, cigarettes, hookers whatever".   He sells the ALREADY FFL'D professionally manufactured receiver that has the serial number on it to Bubba.  

Is Joe Blow a gun dealer, a gun manufacturer?   I hardly think so.   Is JOe engaged in the BUSINESS of making illegal guns?  I don't think so.  

I think Joe should build HIS GUN on the FFL'd Receiver and then sell it later if he wants money for something else.    A one time, two time, three time sales of a  ALREADY FFL'd guns hes' built is no big deal in my book.

Now if JOe were actively engaged in seeking out customers, custom building or even had a small production line then this is a whole different story.  


Last comment - YES the Govt has all the power and YOUR money to screw over Joe all they want to -even when they are wrong.   But I think they have better things to do than screw with Joe.

Shoot, some of you guys have enough home builds to arm a platoon - so you sell a few off in casual sales. Does that make you a DEALER, a manufacturer?   If so, close down AR 15 Builders forum, we are all going to jail for not keeping every gun we ever worked on.

My 2 cents - discounted today only 1 cent.




Can I get an AMEN!!!!!
Link Posted: 1/24/2006 2:23:44 PM EDT
[#14]
yall are getting off topic........you can do anything you want with a receiver registered to you....but to build up a rifle with a receiver owned by someone else is the topic at hand and totally different
Link Posted: 1/24/2006 4:56:05 PM EDT
[#15]
So the qualifier would have to be profit?
If you build a kit for someone on their 100% receiver
for no charge, remuneration, or expectation of profit
that would be allright?
Link Posted: 1/24/2006 5:41:25 PM EDT
[#16]

Quoted:
So the qualifier would have to be profit?
If you build a kit for someone on their 100% receiver
for no charge, remuneration, or expectation of profit
that would be allright?



The answer is it has to be in your own state, a nonlicensee cannot ship to another nonlicensee across state lines

You can ship in your own state to let someone else borrow your rifle (to aid you in building a licensed receiver for no profit) if you have no reason to believe the person cannot have your rifle to borrow (a felon)
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