First ATF ruling of 2015

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  • bmkoenig

    Active Member
    Dated 1/2/2015, ATF rules that persons/shops who allow people the use of their machinery to complete a firearm are considered to be "in the business." Thus need to be licensed.

    http://www.atf.gov/sites/default/fi...ling-2015-1-manufacturing-and-gunsmithing.pdf

    "A business (including an association or society) may not avoid the manufacturing license, marking, and record keeping requirements of the GCA by allowing persons to perform manufacturing processes on firearms (including frames or receivers) using machinery or equipment under its dominion and control where that business controls access to, and use of, such machinery or equipment."
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,094
    Not up on all this mumbo-jumbo. Is this as it pertains to completing 80%'ers or does it also include assembling 'parts' into complete firearms?
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    No more borrowing Billy Bob's lathe and mill.

    The way it's written, it could mean lending someone your AR15 tool box so they can complete their rifle from parts.

    Now what does "Machinery or Equipment" mean? Exactly! Floor mounted? Electrically powered? Hand tools?


    Doesn't mention JB Weld. So I'm good for now.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    I thought this was the general consensus from a letter that was posted last year. Maybe I'm wrong, or maybe this is just the official letter addressing this matter.

    Jim Smith
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    After reading the entire letter, it seems this is directed to a Bussiness, not an individual. I see nothing in the letter that says an individual cannot lend another individual tools, or, assist that individual.
     

    pop-gunner

    Ultimate Member
    May 8, 2008
    2,272
    There go the 'build partys'

    Why would build parties be affected? Isn't a stripped lower already a firearm? I thought build parties were when a few folks with stripped lowers get together to share tools, and knowledge while assembling them.
    I just glanced at the ruling but I can't see where it would have any bearing on adding parts to an already existing firearm.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Why would build parties be affected? Isn't a stripped lower already a firearm? I thought build parties were when a few folks with stripped lowers get together to share tools, and knowledge while assembling them.
    I just glanced at the ruling but I can't see where it would have any bearing on adding parts to an already existing firearm.

    I'm a glass half-empty sort of guy I guess, but loosely interpretted on questions raised in the Prince Law Offices article, there are serious liabiity issues left unanswered ...

    So, does this end an era of 80% lowers? No, but it will cause a substantial financial impact to the firearms and related industries and particularly to those making 80% lowers. Nothing in this Ruling suggests that an individual can no longer manufacture a personal firearm without needing to mark it but the individual must be able to complete the firearm with his/her/its own tools, which causes a plethora of concerns in such process. What if the individual borrows a tool from a neighbor? What if the equipment utilized is jointly owned (such as marital property)?

    In other words, do you trust that the ATF applying narrow scrutiny to the purpose of a 'build party' where "a few folks with stripped lowers get together to share tools, and knowledge while assembling them"? Or would they come kicking in your garage door while everyone at the 'build' is mid-Budweiser ... :innocent0

    Based on ATF's ruling, are build parties now verbotten ? Probably not ...

    Could they be ? Will anyone advertising a 'build party' want to find out ? It's the proverbial 'chilling effect'.

    As with the chilling effect on those companies presently selling 80% lowers to the general public, let's hope that NSSF, NRA, or SAF challenges the latest vague, extra-legislative rule-making by ATF.
     
    Last edited:

    Armati

    Banned
    BANNED!!!
    Apr 6, 2013
    1,902
    Baltimore
    The ruling is pretty clear about "business, society, or association." That said, a group of unaffiliated/unincorporated INDIVIDUALS can still meet-up and have a build party.

    What we need is some smart ass to use his local civic center for a build party. Maybe a National Guard armory?

    This leads me to a legal question. Say a military organization sets up a unit fund per (for the Army) AR 600-29 and AR 215-1 and as part of the MWR activity buys build equipment and sponsors a build party. Or, uses an MWR machine shop for the same purpose. What rules apply? Is a military organization exempt ATF manufacturing rules in this case?
     

    jkeys

    Active Member
    Jan 30, 2013
    668
    This letter really bother me. I have a background in machining and occasionally program and machine parts at work as part of my job. My work let's me use the machines in my free time for an hourly fee. This now makes it illegal for me to complete my own 80% lowers even though I am doing 100% of the work.
     

    jkeys

    Active Member
    Jan 30, 2013
    668
    Furthermore, if I rent a drill press from Home Depot's tool rental department to drill holes in a lower, does that make Home Depot guilty of profiting from firearm manufacturing? This letter is on a very slippery slope.
     

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