I was at a gun show the other year...

[TexasRifleman]

Sam1911, I've read many of your posts and you always seem to know what you're talking about,but are you sure theres no quantity restrictions?I don't have info, but have seen the one a year thing several places.

No, there is no quantity mentioned at all anywhere in the law. the one a year thing has been repeated so often people begin to believe it's Gospel.

What the law DOES say is that you cannot manufacture guns to be "in the business" and then the law proceeds to give a pretty detailed explanation of what that means.

Profit is not the only determining factor of whether one is "in the business" or not either.

Basically the law says that if you manufacture guns, with the intent to sell, and with the primary motivation of making a livelihood out of it, then you need a license.

Now on the more practical side, as Sam mentions, you may have to spend a lot of time and money on lawyers trying to prove it.

Specifically, the law says:

(21) The term "engaged in the business" means—
(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objec- tive of livelihood and profit through the sale or distribution of the firearms manufactured;

It also goes on to define "livelihood and profit":

(22) The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is pre- dominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liq- uidating a personal firearms collection:

So, clearly you could legally make guns and sell them as a hobby, as many a year as you wish. But, at some point the ATF is likely to demand that you prove you are not "engaged in the business" and if you can't prove it to their, or a juries, satisfaction things may not end well.

But, bottom line is that nowhere in any law is there anything about a minimum or maximum quantity of guns one can make and sell.

It's all in 921. Definitions

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

 

[Heretic]

We sure have some well informed people here! This is going to make my friend very happy. Thanks for the info.

545days,went to that link. OMG!!!!! Love it!!! As long as we have people like this, our freedom is in safe hands.