License to Duracoat?

[Thin Black Line]

I have a friend who is quite an artist who wants to begin duracoating
firearms. His biggest question is if he takes possession of another
person's firearm for finishing, does he need an FFL (or other license)?
He intends to charge a fee for this service. His workshop is zoned
commercial in Indiana. He understands this could be an issue if the
firearms are from another state, but main concern is from fellow
residents in IN.

All responses appreciated since he doesn't have internet and would
like a printout of the final thread.

Thanks in advance, THR community.

 

[Third_Rail]

Yes - he needs a gunsmithing license and will be paying Federal taxes, along with any applicable state taxes. The BATFE declared that any modification to a firearm - even a new part - is gunsmithing and requires a license. This is especially true if guns will be coming in from out of state.

 

[Sistema1927]

If I was going to begin a business and had questions about licensure I would pay to get competent legal counsel. I would NOT rely on internet forums.

 

[Car Knocker]

(I1) Is a license needed to engage in the business of engraving, customizing, refinishing or repairing firearms? [Back]

Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. See Item 16, “Federal Excise Tax” in the General Information section of this publication.

[27 CFR 478.11]

http://www.atf.gov/firearms/faq/faq2.htm#i

 

[bogie]

For that matter, he oughta get a "manufacturing" license. Just to be safe...

 

[Third_Rail]

Indeed - the BATFE sees anything as "significantly changing" a gun (whatever that means) as manufacturing a new one.

 

[Thin Black Line]

Good morning and thanks for what seems like a good place for him to
start.

Excise taxes? Hasn't the owner of the firearm who brings it in for painting
already paid the original excise tax?

 

[El Tejon]

Oh, sure we all pay that wonderful P-R excise tax to pay the way for the flannels, but this excise tax is for the ATFE. Ahhh, nothing like paying taxes to fund those who actively pursue my enslavement and paying the way for others who tell me "you don't need a gun like that for hunting". Makes me feel all warm inside.

Have your buddy contact the the Indy ATFE office Monday or just download the forms for the tax forms.

Is he going to do pistols too? If so may want the retail pistol tax license from the State po-po in case he does want to sell.

 

[Thin Black Line]

I think the first thing I'm going to do is give him some aspirin --or an anti-depressant.

 

[Third_Rail]

That and some vaseline for when the BATFE comes to visit.

 

[El Tejon]

Admin visits aren't that bad.

 

[Third_Rail]

Hm... seems like nowadays they've been hard on anyone for any slight reason - on dealers for "Y or N" instead of "YES or NO", states being abbreviated instead of written out, etc. Perhaps it's not the same for those who don't actively deal in guns, but just log them in, do the work, and log them out.

 

[El Tejon]

Third, have not had a phone call about an admin inspection in 5 years.

 

[Aguila Blanca]

Admin visits aren't that bad.

Really?

My FFL is basically a squeaky clean, by-the-books operation. He just underwent a "routine" audit prior to his renewal.

It was such a PITA he decided, after TWENTY-FIVE YEARS in business, to throw in the towel. "Not worth the aggravation," he said.