Lately I've been getting a lot of requests to do gunwork for friends of mine. While I like to help them out, it keeps me from working on my own projects and I'm generally a slow worker. I don't think I'd feel right charging them, but it would be nice to help fund my own projects. I was wondering how the rest of you handle this. - John
Posts: 103 | Location: New Mexico | Registered: 27 December 2001
It's nice to help friends out, but remember that unless you are a licensed gunsmith, you are courting some serious legal issues. Should someone get hurt you could have big problems. If they can prove you were involved you might be liable for their injury or worse. I resist the temptation and don't work on any guns other than my own. I don't even sell my own work even when pressed. This may not be nice, and some friends feelings have been hurt, but this is a litigeous society.-Rob
Posts: 6314 | Location: Las Vegas,NV | Registered: 10 January 2001
Rob is correct. You are required to have a Federal firearms License if you retain someone else's firearm overnight, you must maintain a logbook, and your complete establishment is subject to FFL rules and inspections. Plus you must have any and all local and state permits, licenses, etc, collect and pay sales tax, and perform other tasks. And secure storage is fast becoming a requirement. In the state I live in, I am required to register with the local law enforcement agency as a FFL holder. If you are still interested, obtain copies of the FFL regs, and local and state regs, read then and make sure you understand what they say.
Posts: 1055 | Location: Real Sasquatch Country!!! I Seen 'Em! | Registered: 16 January 2001
John Ricks pleas correct me if I am wrong but if you are not in the buisness then you don't need an FFL. Nothing in federal law (that I'm aware of) states that you can't take a freinds gun home, keep it overnight and repair it. However, if you are trying to make money or earn a living then you are engaged in a business and need an FFL and all other requirements. What constitutes a business as per ATF? Who knows where they draw the line. With that said we now come to the liability part regardless of wether you hav a liscense or not. You fix you friends gun, he takes it out and shoots it, something malfunctions and someone gets hurt then you may be in big doo-doo as you may be liable.
I have done some work for friends in the past, but never charged them, except for the cost of parts/components, when I had paid for these in advance. Never made a profit!! Wife always said I was nuts to work for free.
i don't work on guns for friends but i do load development & reloading for them. i don't charge them, we always take it out in trade and they supply the components for their loads
The applicable regulation (27 CFR 178.11) defines a "gunsmith" as:
"A person who devotes time, attention and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such a term shall not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms [...]"
Posts: 1246 | Location: Northern Virginia, USA | Registered: 02 June 2001
John- The "overnight" rule is in regards to entering a firearm in the FFL's bound book. ATF has stated that if the weapon is in the possession of the gunsmith overnight then it must be entered in his bound book. If it is brought in and picked up the same day then he does not have to enter it.
quote:Originally posted by hsp223: John- The "overnight" rule is in regards to entering a firearm in the FFL's bound book.
You are correct, and I had forgotten about that -- but obviously this only applies to gunsmiths who have FFLs. If you're doing the work as a hobby or a favor to a friend you wouldn't have to have one.
John
Posts: 1246 | Location: Northern Virginia, USA | Registered: 02 June 2001