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4/7/2013 3:18:03 PM EDT
In the state of washington.

Friend of the family buys a few lowers. Gives them to me so I can assemble them and then add the complete upper as well. All of this is being done while the owner of the lowers/parts is not present. I do not have an FFL of any kind.
4/7/2013 3:30:30 PM EDT
[#1]
Quoted:
In the state of washington.

Friend of the family buys a few lowers. Gives them to me so I can assemble them and then add the complete upper as well. All of this is being done while the owner of the lowers/parts is not present. I do not have an FFL of any kind.


Is he paying you to do this? Do you regularly perform this assembly for others?
If so, ATF may determine that you are "engaged in the business" which requires an FFL.
4/7/2013 3:33:53 PM EDT
[#2]
Quoted:
Quoted:
In the state of washington.

Friend of the family buys a few lowers. Gives them to me so I can assemble them and then add the complete upper as well. All of this is being done while the owner of the lowers/parts is not present. I do not have an FFL of any kind.


Is he paying you to do this? Do you regularly perform this assembly for others?
If so, ATF may determine that you are "engaged in the business" which requires an FFL.


Not being paid. Building 5 ars from parts provided.
4/7/2013 5:09:51 PM EDT
[#3]
Quoted:
Quoted:
Do you regularly perform this assembly for others?
If so, ATF may determine that you are "engaged in the business" which requires an FFL.


Not being paid. Building 5 ars from parts provided.


If also "no" to Tom's other question, then you're fine.  If you do regularly perform this assembly for others, it's a gray area.
4/7/2013 5:23:12 PM EDT
[#4]
Quoted:
Quoted:
Quoted:
Do you regularly perform this assembly for others?
If so, ATF may determine that you are "engaged in the business" which requires an FFL.


Not being paid. Building 5 ars from parts provided.


If also "no" to Tom's other question, then you're fine.  If you do regularly perform this assembly for others, it's a gray area.


What defines regularly though? That also sounds like a grey area.
4/7/2013 5:31:44 PM EDT
[#5]
Quoted:
Quoted:
Quoted:
Quoted:
Do you regularly perform this assembly for others?
If so, ATF may determine that you are "engaged in the business" which requires an FFL.


Not being paid. Building 5 ars from parts provided.


If also "no" to Tom's other question, then you're fine.  If you do regularly perform this assembly for others, it's a gray area.


What defines regularly though? That also sounds like a grey area.


If you're fine in the gray, then by all means proceed.
4/8/2013 11:33:59 AM EDT
[#6]
Side note on payment. Payment does not have to be cash. A six pack of PBR for work done can and will be considered payment by ATF.
4/8/2013 11:42:23 AM EDT
[#7]
What?! Seriously? Building a lower for a friend could be illegal?

I've haven't built a lower (yet) but that seems rediculous to be illigal. Whatever, I'm sure there is crazier crap out there.
4/8/2013 1:11:17 PM EDT
[#8]
Quoted:
Side note on payment. Payment does not have to be cash. A six pack of PBR for work done can and will be considered payment by ATF.


Shit, I guess we better drink the evidence then!

4/8/2013 1:48:20 PM EDT
[#9]
Quoted:
What?! Seriously? Building a lower for a friend could be illegal? .


If you build lowers for others and do so in exchange for payment it makes no difference if they are friends or strangers.



4/9/2013 10:19:01 PM EDT
[#10]
actually just building it for someone else is a no-no. when you buy a stripped lower there is no FET paid. and thusly you can only build it for yourself. its pretty much the same as building from a flat for smoeone else, even though the lower was purchased and transfered to the owner, the builder has to be the owner otherwise you are now a manufacturer. the last lower i helped with was for my brother in law  but i "helped" i didnt do it for him, i lent tools and walked him through it.

some will argue if your not doing it for profit then it doesnt count but that doesnt matter. if i buy a stripped lower and parts and put it together and sell it for no profit, my type 01 will not cover that, but if you bring me the parts and pay me to put it together thats fine. some of the rules are stupid but they are what they are.

will you get busted for it, probably not in a million years. the better place to have asked this question was in the build it yourself section.
4/10/2013 7:15:04 AM EDT
[#11]
Quoted:
actually just building it for someone else is a no-no. when you buy a stripped lower there is no FET paid. and thusly you can only build it for yourself. its pretty much the same as building from a flat for smoeone else, even though the lower was purchased and transfered to the owner, the builder has to be the owner otherwise you are now a manufacturer. the last lower i helped with was for my brother in law  but i "helped" i didnt do it for him, i lent tools and walked him through it.

some will argue if your not doing it for profit then it doesnt count but that doesnt matter. if i buy a stripped lower and parts and put it together and sell it for no profit, my type 01 will not cover that, but if you bring me the parts and pay me to put it together thats fine. some of the rules are stupid but they are what they are.

will you get busted for it, probably not in a million years. the better place to have asked this question was in the build it yourself section.


Not 100% true.  You don't start paying FET until you start making more than 50 per year.  If someone brings you the parts and asks you to put it together that's gun smithing brother not manufacturing.
4/10/2013 6:22:34 PM EDT
[#12]
Quoted:
Quoted:
actually just building it for someone else is a no-no. when you buy a stripped lower there is no FET paid. and thusly you can only build it for yourself. its pretty much the same as building from a flat for smoeone else, even though the lower was purchased and transfered to the owner, the builder has to be the owner otherwise you are now a manufacturer. the last lower i helped with was for my brother in law  but i "helped" i didnt do it for him, i lent tools and walked him through it.

some will argue if your not doing it for profit then it doesnt count but that doesnt matter. if i buy a stripped lower and parts and put it together and sell it for no profit, my type 01 will not cover that, but if you bring me the parts and pay me to put it together thats fine. some of the rules are stupid but they are what they are.

will you get busted for it, probably not in a million years. the better place to have asked this question was in the build it yourself section.


Not 100% true.  You don't start paying FET until you start making more than 50 per year.  If someone brings you the parts and asks you to put it together that's gun smithing brother not manufacturing.



thats pretty much what i said, except i dint clarify something. the last one i helped was before i was an ffl. and liek i said if you bring me the parts and pay me to do it it is gunsmithing, but the op is not an 01 so he cant legally be gunsmithing either. and yes i forgot about the 50 per year. my only point was if the atf wants to be dicks there are all kinds of ways you can get hemmed up by doing what the op is aksing with out being licensed to do so and to be safe he is better off helping and not doing, just to CYA.
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