07 FFL ITAR Registration

[bbaker207]

If I am not manufacturing or exporting do I need to register with ITAR (Import and Trade Arms regulations) with an 07 FFL in California?

[JDay]

I'm pretty sure you only need that if you are importing/exporting ITAR restricted items.

[franklinarmory]

Wrong. You must be itar registered even if you do not import or export! Many people will tell you that you do not need it since enforcement has been almost non existent. Given the current political climate, do you want to risk an 8 year federal prison stint for the want of $2250? I hate to pay this bill every year, but the alternative is worse. It will also be a black eye for the industry if the government ever sweeps up all the non compliant companies.

[scootergmc]

22 CFR 122.1(a):

Manufacturers who do not engage in exporting must nevertheless register.

[ChandlerWellington]

says "defense articles". Doesn't that mean items related to the defense on the United States? Such as manufacturing weapons for the DOD?

[scootergmc]

says "defense articles". Doesn't that mean items related to the defense on the United States? Such as manufacturing weapons for the DOD?

22 CFR 120.2 says defense articles (among other things) are "items designated [in] the United States Munitions List (USML)." Firearms ("nonautomatic and semiauto under .50 cal") are identified in 22 CFR 121.1 Category I (a).

It makes no difference whether they're actively used in the defense of the US or not. If you're legally manufacturing something (FFL 07) that goes bang and want to stay legal, gotta pony up the ITAR tax- er fees.

[Santa Cruz Arms]

I was wondering the same thing when I applied for my FFL. I was going to go with an 07 even though I wasn't planning on manufacturing for at least a year. I ended up just getting an 01 because of zoning issues so I never got around to asking my attorney about it. But 22 CFR 122.1(a) quoted above states:

For the purpose of this subchapter, engaging in the business of manufacturing or exporting defense articles or furnishing defense services requires only one occasion of manufacturing or exporting a defense article or furnishing a defense service.

It would "seem" from reading that line that if you truly do not do ANY manufacturing that you would not be required to register. I would certainly run it by your attorney though.

Once we move to Idaho in a few months I am switching to an 07 and that ITAR fee will hurt..

[Toby's Tactical]

If you are manufacturing, you probably have a market for such and it shouldn't hurt too bad since you'll have more business than you know what to do with. The tax, er... fee, is due only if you are manufacturing. Merely holding a type 07 license doesn't cause the payment.