Sniper X
Member
Or can someone just do work on other's guns without having a FFL?
thanks!
Kev
thanks!
Kev
but there used to be a special class FFL for gunsmiths to receive and retain your gun overnight to perform work on it
nalioth said:To receive firearms for repair
You're slipping, NavyLT. You're usually the one that keeps folks up on the latest "interpretations" by the revenuers.NavyLT said:^^^^Only if the repair is done as a course of business (in most states anyway). If my next door neighbor wants me to put night sights on his gun for him, because I have put them on my gun, it is perfectly legal for him to give me his gun, leave it with me for a few days, I put the night sights on for him, and give him his gun back, so long as I am not enganging in the business of repairing firearms and, since he is my next door neighbor, I know he lives in the same state that I do.nalioth said:To receive firearms for repair
In most states, he could also ship the gun to me, as same state residents.
§ 921. Definitions
(a) As used in this chapter—
(11) The term “dealer” means
(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.
(21) The term “engaged in the business” means—
(D) as applied to a dealer in firearms, as defined in section 921 (a)(11)(B), 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 term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;
Okay, now you're being logical. We know what the law says. It's the revenuers that "interpret" it in ways that please the current administration.NavyLT said:nalioth,
Please post a citation. The law is very clear:
implies that the person is referring to himself as a "gunsmith", will very likely be advertising his services, will receive shipped firearms, keep them overnight, and accept payment for his services. That will require a Type 01 license.Does a mail order gunsmith have to be an FFL?
Or can someone just do work on other's guns without having a FFL?
Type Usage Type 1 Title 1 dealer or gunsmith other than destructive devices. Can also deal in Title II NFA firearms with class 3 tax stamp. Type 2 Title 1 dealer doing business as a pawnbroker Type 3 Licensed collector of Curio & Relic (C&R) firearms Type 6 Licensed manufacturer of ammunition and reloading components other than Armor Piercing ammunition Type 7 Title 1 manufacturer of firearms, who can also act as dealer, other than Destructive Devices, ammunition and ammunition components other than Armor Piercing ammunition. Can also manufacture & deal in Title II NFA firearms with class 2 tax stamp. Type 8 Importer of Title 1 firearms and ammunition. Can also import Title II NFA firearms with class 1 tax stamp. Type 9 Dealer in Title 1 firearms including NFA destructive devices. Requires payment as an SOT Class 1 (can act as an NFA Dealer). To deal/broker any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Dealer of High Explosives. Type 10 Manufacturer of Title 1 firearms, ammunition and ammunition components, manufacturer of NFA Destructive Devices, ammunition for Destructive Devices, and Armor Piercing ammunition (can act as a dealer). Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Type 20 Manufacturer of High Explosives. Type 11 Importer of Title 1 firearms, ammunition, NFA Destructive Devices, ammunition for Destructive Devices, and armor-piercing ammunition. Requires payment as an SOT Class 1 and registration with the U.S. Department of State as a Broker under ITAR/D-TRADE. To import any DD with an explosives content (i.e. flash-bangs), requires an additional FFL as an Importer of High Explosives. Special Occupational Tax Classes
Class Usage Class 1 importer of NFA firearms Class 2 manufacturer & dealer of NFA firearms Class 3 dealer of NFA firearms Class 1 SOT status requires an importer FFL, either Type 8 or 11.
Class 2 SOT status requires a manufacturer FFL, either Type 7 or 10.
Class 3 SOT status requires a dealer or manufacturer FFL, either Type 1, 2, 7, 8, 9, 10, or 11.
Guillermo said:The repair person has to have an FFL. The shipper doesn't
For instance, you Smith breaks...you box it up and fed ex it to them and they fix it...maybe...and then they ship it back to you directly.
Just talked to Colt about a reblue 2 days ago. That is what they told me.
However, in the OP's case, he is sending the gun to an FFL for the purposes of transferring that gun to an unlicensed person
I stand corrected
swinokur said:wow. now there's something you don't see everyday.