Building an AR question

[MilSpec308]

I wonder how many garage "customizers" have ever looked at the BATF definition of "manufacturing" a gun.

yes. Simply put, Purchase a stripped lower, its sold as "other" not rifle or pistol. Meaning we can make it what ever we please, so long as it is legal length(rifles) or does not have a stock(Pistol/SBR) unless form 1 paperwork to manufacture has been paid in full, filed an approved.

 

[gh1950]

yes. Simply put, Purchase a stripped lower, its sold as "other" not rifle or pistol. Meaning we can make it what ever we please, so long as it is legal length(rifles) or does not have a stock(Pistol/SBR) unless form 1 paperwork to manufacture has been paid in full, filed an approved.

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”).

Generally, a person should obtain a license as a manufacturer of firearms if the person:

1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);
2) is performing the operations as a regular course of business or trade; and
3) is performing the operations for the purpose of sale or distribution of the firearms.

The term “
princip
al objective of livelihood and profit
” is further defined as the intent underlying
the sale or disposition of firearms as predominantly
one of obtaining livelihood and pecuniary
gain, as opposed to other intents such as
improving or liquidating a personal firearms collection:

Provided , that proof of
profit shall not be required as to a person
who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes or terrorism.

Note that there is no particular minimum number of
firearms that must be sold, manufactured, or
imported specified by law to be “engaged in the business.”
Whether a person has been engaged
in the business of dealing, manufacturing, or importing firearms, is made on a case by case basis.
Considerations include, but are not limited to:
the quantity of firearms sold, manufactured, or imported; the frequency of transactions over a period of time; the intent of the person in acquiring and disposing of firearms; and any representations made to the buyer
regarding the person’s ability and willingness to obtain or transfer firearms

 

[above_all]

Sweat equity? Just do your research and use common sense.

 

[MilSpec308]

you asked about "customizers"/"builders"...not "sellers"/"retailers"

 

[gh1950]

you asked about "customizers"/"builders"...not "sellers"/"retailers"

I take it you didn't take the time to read the excerpts I posted, all of which deal with the BATF definition of "manufacturing" by whoever.

 

[MilSpec308]

I take it you didn't take the time to read the excerpts I posted, all of which deal with the BATF definition of "manufacturing" by whoever.

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.

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.

Generally, a person should obtain a license as a manufacturer of firearms if the person:

1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);
2) is performing the operations as a regular course of business or trade; and
3) is performing the operations for the purpose of sale or distribution of the firearms.

Note that there is no particular minimum number of
firearms that must be sold, manufactured, or
imported specified by law to be “engaged in the business.”
Whether a person has been engaged
in the business of dealing, manufacturing, or importing firearms, is made on a case by case basis.
Considerations include, but are not limited to:
the quantity of firearms sold, manufactured, or imported; the frequency of transactions over a period of time; the intent of the person in acquiring and disposing of firearms; and any representations made to the buyer
regarding the person’s ability and willingness to obtain or transfer firearms

Yes, Ive read all of it and for the most part, It pertains to those engaged in business of manufacturing and selling/re selling for profit/lively hood. You are on a site that is heavily watched by the ATF. Please understand that they are very well aware of everything taking place on this site. If youre not going out and buying tons of stripped lowers(hundreds) building and reselling, you have nothing to worry about.

 

[hikingthehills]

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.

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.

Generally, a person should obtain a license as a manufacturer of firearms if the person:

1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);
2) is performing the operations as a regular course of business or trade; and
3) is performing the operations for the purpose of sale or distribution of the firearms.

Note that there is no particular minimum number of
firearms that must be sold, manufactured, or
imported specified by law to be “engaged in the business.”
Whether a person has been engaged
in the business of dealing, manufacturing, or importing firearms, is made on a case by case basis.
Considerations include, but are not limited to:
the quantity of firearms sold, manufactured, or imported; the frequency of transactions over a period of time; the intent of the person in acquiring and disposing of firearms; and any representations made to the buyer
regarding the person’s ability and willingness to obtain or transfer firearms

Yes, Ive read all of it and for the most part, It pertains to those engaged in business of manufacturing and selling/re selling for profit/lively hood. You are on a site that is heavily watched by the ATF. Please understand that they are very well aware of everything taking place on this site. If youre not going out and buying tons of stripped lowers(hundreds) building and reselling, you have nothing to worry about.

Remember that thread maybe a year ago where the guy had an ATF visit after buying just 10 lowers.

 

[MilSpec308]

Remember that thread maybe a year ago where the guy had an ATF visit after buying just 10 lowers.

yea. of course if you buy a bunch at 1 time its going to raise eyebrows or even a bunch over time. But for the everyday guy that is building a gun to add to his collection, the ATF isnt coming to knock on your door. I believe nothing came of that right?

 

[hikingthehills]

yea. of course if you buy a bunch at 1 time its going to raise eyebrows or even a bunch over time. But for the everyday guy that is building a gun to add to his collection, the ATF isnt coming to knock on your door. I believe nothing came of that right?

No it didnt, he had all his stuff in order from what I remember.

 

[gh1950]

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.

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.

Generally, a person should obtain a license as a manufacturer of firearms if the person:

1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);
2) is performing the operations as a regular course of business or trade; and
3) is performing the operations for the purpose of sale or distribution of the firearms.

Note that there is no particular minimum number of
firearms that must be sold, manufactured, or
imported specified by law to be “engaged in the business.”
Whether a person has been engaged
in the business of dealing, manufacturing, or importing firearms, is made on a case by case basis.
Considerations include, but are not limited to:
the quantity of firearms sold, manufactured, or imported; the frequency of transactions over a period of time; the intent of the person in acquiring and disposing of firearms; and any representations made to the buyer
regarding the person’s ability and willingness to obtain or transfer firearms

. If youre not going out and buying tons of stripped lowers(hundreds) building and reselling, you have nothing to worry about.

You certainly are free to believe that.