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  • #16
    golfrj
    Senior Member
    • Jul 2007
    • 1623

    That's weird that CalDOJ wasn't interested. I called them just the other day to report that my brother was loading 11 rounds into his 10 round magazines and they sent out a dynamic entry team to kick in my brother's front door and drag him off to jail.

    For being such a good citizen, they gave me a ride in the helicopter, a Crime Stoppers coloring book, and a real badge...

    My kind of Guy!!

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    • #17
      billslugg
      Member
      • Jul 2009
      • 114

      Originally posted by Cokebottle
      BTW:
      Did you build this AR with the intent to turn around and sell it?
      Sure looks like it, because just 12 days earlier you were trying to buy two more lowers....And here, flat out offering to sell an AR that you are in the process of building:...That also happens to be illegal... and I have a feeling that the DOJ might take an even dimmer view of an unlicensed manufacturer than they would of an unlicensed dealer.
      From Federal Firearms Regulations Reference Guide
      The term "manufacturer" means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution;
      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 objective of livelihood and profit through the sale or distribution of the firearms manufactured;

      C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

      Note that there is an "occasional" exemption for dealing in firearms but not for manufacturing. The ATF made this very clear to me during the interview. This is why they wanted me to have a manufacturer's license.

      You can buy and sell for a hobby. You can manufacture on your own guns and sell them as part of your collection or hobby or sell them all at one time but you cannot manufacture on an occasional basis as a hobby. That is you could put scopes on your guns to bring them up to the standard you had set for your collection and then sell them as part of your hobby, but you could not do it with the intent of making money, or derive a substantial portion of your income from it.

      In the case of the AR-15 cited above, the offer to sell even though it was unfinished would put you over the line.
      Last edited by billslugg; 04-15-2010, 10:11 AM.
      07 FFL

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