Armory Sponsor
Posted: 6/22/2011 7:13:55 AM EDT
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If they turn up in the hands of criminals on a regular basis you might be in trouble. I was at a local FFL who does mainly transfer business. ATF agents came by and checked on a person who had multiple transfers thru his license. The guns were turning up in criminals hands.
It is something you can do for a while but will eventually get caught at. I was told the ATF will not get you on one or two but on many over years. Lots of evidence of dealing then pull the hammer down. I know of at least one person who was doing what you were and ended up in court and lost. |
| Agree, plus you could contribute to someone getting killed with one of your guns, I dont know about you but I wouldnt be able to have something like that on my conscious. FFL it up if you want to make money doing it, if your doing that you might as well start a bis and sell at gun shows and what not, then eventually a gun shop. |
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Quoted:
Let’s say I can purchase a lower from my FFL and assemble it for X amount of dollars and turn around and sell it personally for Y amount of dollars for a profit. I know there are plenty of people that do stuff like this without it ever being a concern. At what point would this be an issue with the ATF? At what point would I be doing something illegal? Turning 10? 100? You know people who are flirting with trouble. Go to BATF's web site... Manufacturing ATF’s long-standing position is that any activities that result in the making of firearms for sale or distribution, to include installing parts in or on firearm frames and receivers, and processes that primarily enhance a firearm’s durability, constitute firearms manufacturing that may require a manufacturer’s license. In contrast, some activities are not firearms manufacturing processes, and do not require a manufacturer’s license. For example, ATF Ruling 2009-1 (approved January 12, 2009) explained that performing a cosmetic process or activity, such as camouflaging or engraving, that primarily adds to or changes the appearance or decoration of a firearm is not manufacturing. Likewise, ATF Ruling 2009-2 (approved January 12, 2009) stated that installing “drop-in” replacement parts in or on existing, fully assembled firearms does not result in any alteration to the original firearms. Persons engaged in the business of these activities that do not constitute firearms manufacturing need only obtain a dealer’s license. Although installing parts in or on firearms, and applying special coatings and treatments to firearms are manufacturing activities, the definition of “manufacturer” in 18 U.S.C. 921(a)(10) and 27 CFR 478.11 also requires that a person be “engaged in the business” before the manufacturer’s license requirement of section 923(a) applies. Thus, a person who manufactures a firearm will require a manufacturer’s license if he/she devotes time, attention, and labor to such manufacture 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. If the person is performing such services only for a customer on firearms provided by that customer, and is not selling or distributing the firearms manufactured, the person would be a “dealer” as defined by 18 U.S.C. 921(a)(11)(B) and 27 CFR 478.11, requiring a dealer’s license, assuming the person is “engaged in the business” as defined in 18 U.S.C. 921(a)(21)(D) and 27 CFR 478.11 (i.e., “gunsmithing”). |
Armory Sponsor