Not sure if this is the proper place to ask this, but I know there is a wealth of knowledge here...so

If a person started building rifles, advertising them online, and then shipping them to the buyer's FFL, would this be legal? Would it still be considered dealing without a license even though it ships to an FFL?

Mind you, I am talking about putting them together from already manufactured parts.

You need a license to manufacture.

Basically, anything you do with firearms to generate income you will need a license for. Casual sales by a person is an exception as long as it is not done to generate income. From time to time you will encounter unlicensed people who buy and sell firearms through FFL holders as a business but they are breaking the law.

quote:

Originally posted by Grenadier:
You need a license to manufacture.

Manufacturer's license is key point.

quote:

Mind you, I am talking about putting them together from already manufactured parts.

I don't know if that gets you around needing a manufacturer's license. I don't think it does, but as I said, I don't know. But even if it does, you'd then need a dealer's license since you are in the business of selling. So one way or another, you're going to need an FFL of some sort.

LWD

Read the BATFE's description of 'manufacturer'. If you are still unclear, call them (from your mother-in-law's phone ).

The way I read it, if you are buying receivers and assembling them into complete firearms for sale or distribution, they would consider you a manufacturer.

George

George is right on, but finding a clear definition is difficult. If George could provide a link it would be neat.

You might want to review:

ATF Rule 2009-2
http://www.atf.gov/regulations...tf-ruling-2009-2.pdf

A list of rulings is at
http://www.atf.gov/regulations-rulings/rulings/

Not only would you need a license, the Fed's would want the excise taxes as well...Russ

Question 6 here covers the subject pretty well.

What you describe as "assembling" the ATF considers "manufacturing". I would spend the money to consult an attorney experienced in firearms law before proceeding with your plan. You do not want to walk over any potential land mines.

Bobelk99,

See ATF ruling 2010-10. It refers to 18 U.S.C. 921(a)(10) and 27 CFR 478.11.


hillman,

The excise tax would have already been paid on the receiver, no?

George

http://ecfr.gpoaccess.gov/cgi/.../27cfr53_main_02.tpl not the full 11% that would have to be paid on the complete rifle. Link attached see tax free sales

Thanks for all the replies.

And just to be clear, this isn't my plan, but something that came up in converstion that I couldn't answer.

Thanks again!

Maybe one of the BATFE agents monitoring this thread could answer your question.

You may also need a city or county business license where the manufacturing takes place.

Even if you are just doing repairs you need an FFL minimum.All repairs have to to logged to that rifle with a time and date.

quote:

Originally posted by OLBIKER:
Even if you are just doing repairs you need an FFL minimum.All repairs have to to logged to that rifle with a time and date.

I believe that is true ONLY if the firearm is being kept overnight.

George

quote:

Originally posted by GeorgeS:

quote:

Originally posted by OLBIKER:
Even if you are just doing repairs you need an FFL minimum.All repairs have to to logged to that rifle with a time and date.

I believe that is true ONLY if the firearm is being kept overnight.

George

Yes, only if overnight retention. That was true up until 5 years ago at least. I have not kept current since, but do not recall any chance in that requirement.