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Gun Work

Discussion in 'Legal' started by KY DAN, Sep 13, 2019.

  1. KY DAN

    KY DAN Member

    Joined:
    Jan 10, 2019
    Messages:
    61
    Location:
    Hopkins County Kentucky
    Can I help a friend repair a gun, no payment just provide a fixture and the know how to straighten a smith and wesson crane?
     
  2. Eddietruett

    Eddietruett Member

    Joined:
    Jan 7, 2018
    Messages:
    641
    Why would you think that you couldn't?
     
  3. KY DAN

    KY DAN Member

    Joined:
    Jan 10, 2019
    Messages:
    61
    Location:
    Hopkins County Kentucky
    I just wanted to make sure its legal to do, its not for profit and it would be at his residence not mine so it seemed legal to me.
     
  4. F-111 John

    F-111 John Member

    Joined:
    Aug 2, 2011
    Messages:
    1,046
    Location:
    Holt, MI
    Kentucky does not require private transfers to go through an FFL, so assuming that both you and your friend are residents of Kentucky, and that you are not a prohibited person, you may legally take possession of his revolver without a NICS check. Therefore the work can occur at his house or at yours, with him present or not present.

    Since neither federal law or ATF guidelines establish a monetary threshold, only a court can determine, after charges are brought by the ATF, whether your gunsmithing work constitutes a business and requires you to be a licensed FFL. If you are not charging anything for the work, then it is highly unlikely that the ATF will accuse you of being "in the business" of gunsmithing. However, there is no law that states "yes, you can perform the work."

    See the following ATF ruling 2010-10 for more information: https://www.atf.gov/firearms/docs/r...e-performed-licensed-gunsmiths-under/download

    The above ATF ruling pertains to manufacturing, but does include the definition of a gunsmith for purposes of licensing.
     
    boom boom and DocRock like this.
  5. MedWheeler

    MedWheeler Member

    Joined:
    Jun 14, 2008
    Messages:
    6,821
    Location:
    SouthEastern FL
    F-111 John writes:

    Yep. Criminal laws spell out prohibitions, not permissions. What isn't prohibited by law isn't, well, prohibited. ;)
     
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