Gunsmithing or not?

Rick3bears · Oct 24, 2013

Using Maryland COMAR for a guide and BATF also, is just cleaning guns commercially considered "gunsmithing"? I'm of the opinion (so far) that it is NOT. BATF defines gunsmithing as
repairing, altering or modifying " a weapon. Thoughts? Comments?

Ungermc · Oct 24, 2013

If you are confining yourself to just maintenance of your guns, then your are definitely outside the definition of gunsmithing. Why the worry about gunsmithing?

Rick3bears · Oct 25, 2013

I have a small business. I professionally clean firearms. I do not "gunsmith" but I cannot find anything that sets out the distinction between gunsmithing and armoring. When I clean someone's firearm, I completely tear it down to all of it's pieces and then I degrease, clean, factory lube, and check all of the components for unusual wear, etc. If a part needs replacing I do it. This is not field stripping to clean, I factory clean and lube.

ohen cepel · Oct 25, 2013

Replacing parts as needed may be repairing in their book.

Also, having items come and go from your possession, especially if regulated, I would think would require an FFL and the appropriate state paperwork also.

I would want a legal opinion before they come knocking. Lot to lose if your definitions don't meet theirs. Plus, the media will love to write about a "rogue unlicensed gunsmith".

sgt23preston · Oct 25, 2013

Sgt Preston here...

The big issue is the "chain of possession"...

When I drop off my gun to my gun smith, it is legally consigned to him...

He keeps an FFL log book & checks it in & logs it out when it's done...

There are other FFL issues like building security, insurance, etc...

rob-cubed · Oct 25, 2013

Don't see why you couldn't clean guns for profit without holding an FFL. It falls outside the definition of gunsmithing. But as Sgt. Preston pointed out, there could be potential issues with retaining possession of them for an extended period of time. FFLs can't hold a firearm for more than 24 hours(?) without logging them into a bound book.

With MD's new law, this is more of a gray area as leaving a now-banned firearm with you overnight could be argued as a transfer, albeit temporary. Somebody who's spent more time in COMAR than I have can probably clarify.

Pinecone · Oct 26, 2013

And if you hold them for any time, think about the liability if they are stolen from YOUR possession.

Magnumite · Oct 28, 2013

And if one installs or replaces even a shock buff or spring that would be smithing as well.

Kman · Oct 28, 2013

Better know that whatever it is or isn't, MD will screw you over for it in a heartbeat. :sad20:

oupa · Oct 28, 2013

My understanding has always been that you can do just about anything to a gun in the owners presence. While anything you do to it - to include the type work you describe - in his absence falls under "gunsmithing."

Yes, common sense would say otherwise but we're not talking about making sense, we're talking about "the law." :innocent0

A (very) quick peek at the ATF site came up with this;

Q: Is a license needed to engage in the business of engraving, customizing, refinishing or repairing firearms?
Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer.
[27 CFR 478.11]

All acts depicted above involve changing the gun in some way. It was instructional materials where I believe I read that simply "cleaning" someone else's gun constitutes act as "a gunsmith." You probably really need to ask someone official instead of a public forum where must of us have the authority of someone staying at the Holiday Inn Express. :innocent0

Good luck and remember, you've put it out there now!

Gunsmithing or not?

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