NON-FFL FIREARM SALES

[KIMBER8400]

I'm in dispute with one of my friends about gun sales. My pisition is that a non-ffl person cannot assemble and sell long gun i.e. Ar15. He argues that people do it all the time on gun auctions. I know u could sell ur own gun, but cannot assemble for purposes of selling.
Could you guys shed some light on this?
Thanks in advance.

[kemasa]

If you assemble a firearm for the purposes of selling it, you would be considered a manufacturer and would need to be properly licensed. If you do it one time, it is not an issue, but if you do it more, then it is.

As to auctions, take a look at the roads. It is illegal to exceed the posted speed limit, but if you noticed people do it all the time. In other words, just because people do it does not mean it is legal.

[donmopar]

Are you assembling parts or actually taking a chunk of metal and making a receiver. If you make the receiver you cannot make it with the intent to sell so no. If you buy a bare receiver and put parts on it no problem same as if you put grips on a pistol and resold it.

[KIMBER8400]

lets say buying stripped lower with its kit and buyin complete upper, then assembling the whole thing and selling on the auction?

[kemasa]

lets say buying stripped lower with its kit and buyin complete upper, then assembling the whole thing and selling on the auction?

That could be considered manufacturing and then you would need to be properly licensed.

[KIMBER8400]

thanks for ur input guys

[saxman]

That could be considered manufacturing and then you would need to be properly licensed.

How do you figure?

Manufacturing a lower from a blank I completely understand, as you are manufacturing the part that is legally considering the firearm.

Adding some parts to a finished lower than you legally purchased and then doing a PPT transfer through a dealer though... I'm not sure I'm following the legal issue there.

There's a line drawn in the sand for manufacturing a firearm; is it not the point where a lower goes from an 80% lower to a 100% lower?

[kemasa]

How do you figure?

http://www.atf.gov/firearms/faq/manufacturers.html

A company produces frames or receivers for another company that assembles and sells the firearms.

Both companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.

Manufacturing a lower from a blank I completely understand, as you are manufacturing the part that is legally considering the firearm.

Yes, that is true, but that is not where it stops. While I don't agree with the BATF, they consider putting the parts together to be manufacturing if you do it more than once and you do it in order to sell it.

Adding some parts to a finished lower than you legally purchased and then doing a PPT transfer through a dealer though... I'm not sure I'm following the legal issue there.

Yes, you are not following all of the legal issues. See the FAQ I referenced above.

There's a line drawn in the sand for manufacturing a firearm; is it not the point where a lower goes from an 80% lower to a 100% lower?

There is no such things as an 80% lower actually. Find a legal reference for that. While there is a claim that one is not a firearm and the other is, that just tends to be a view, not the law.

Even when you have a legal firearm (frame, receiver, etc.), it can still be considered manufacturing when you put it together AND intend to sell it.

[bill_k_lopez]

Cite a source for this please.

That could be considered manufacturing and then you would need to be properly licensed.

Assembly and Manufacture are two different things

[kemasa]

Cite a source for this please.

I already did.

Assembly and Manufacture are two different things

What the BATF considers to be manufacturing is not the same as what a reasonable person might consider it to be. If you want to fight them on that, go right ahead.

[bill_k_lopez]

My pisition is that a non-ffl person cannot assemble and sell long gun i.e. Ar15.

A company produces frames or receivers for another company that assembles and sells the firearms.

Both companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.

Where does it say an individual can not assemble a firearm for sale?

[kemasa]

It says, if you bothered to read it, that both need to be licensed as a manufacturer of firearms. The BATF considers the assembly to be manufacturing.

There are also tax aspects as well. There is also the aspect of being an unlicensed dealer if you are buying and selling firearms.

You can try to play word games and claim that a company is not an individual, but that will not get you very far.