Register AK receiver then build by non C3 dealer?

[adh]

Would you please tell me at least one? I'd like to give mike a real reason other than "because someone told me so."

OK so nothing that I can quote, just thinking out loud here. The main reason that I can think of is that being and FFL does not allow one to be in possession of a class III weapon, since the FFL is not a class III dealer or SOT. It's just like giving your FFL dealer possession of your class III weapon. Which I'm guessing, in the eyes of the BATFE, is no different than you giving me possesion of it.

[COLT]

I'm pretty certain that's not kosher.

IT'S legal .

He can form 1 the receiver pay the $200.00. This makes him the manufacter.
Then he can have it sent out to be put together.





http://www.titleii.com/Forms.htm

[Don Robison]

IT'S legal .

He can form 1 the receiver pay the $200.00. This makes him the manufacter.
Then he can have it sent out to be put together.





http://www.titleii.com/Forms.htm

And that is the crux of the problem. If he doesn't assemble it, he's not the manufacturer. The ATF says a not SOT can repair NFA items and this would clearly be more than repairing since it was never assembled.

[A62Rambler]

Would you please tell me at least one? I'd like to give mike a real reason other than "because someone told me so."

1) A receiver is the portion in most cases that is required to have a serial number. It is not however a functional firearm. So If a dealer orders 10 receivers and then puts barrels on them etc... he is manufacturing firearms. Even though the receivers are registered as firearms. We're talking two different uses of the term firearm. So if your friend takes a receiver to a dealer and the dealer assembles it into a firearm. That dealer has now become an unlicensed manufacturer and should be marking them to show they are not made by Bakail or whoever.

2) Even if I possess a manufacturers license I can not manufacture short barreled rifles or SBS or fully automatic weapons. That requires a seperate license to do that. Title II Class II SOT I'm not up on the correct terminology and didn't discuss this with ATF except as I mention below.

The person I talked to said they were going to start cracking down on dealers and especially gunsmiths that were actually going beyond repairs. He implied that they would simply make them get the manufacturers license or surrender their present license but also said that the agent had discretion to decide how to handle each case as an individual set of circumstances. I won't quote his name since I got nothing in writing, (although he said to write and he would provide this in writing). I will say that if he says they are cracking down, then it WILL happen. It's a long story on how I got to talk with who I did.

I asked if I bought a more than 50 year old weapon and changed the caliber would I be okay as a C&R. I was told, do it once your okay(not kosher but not likely to get more than a don't do it again) If I did more than one even though I'm not selling them, I needed to then buy them from a dealer as I'm outside the C&R. I then asked if I went ahead and got my dealers license would I be okay to sell them. That's when I was told that if I'm buying recievers or firearms with the intent to rebuild them regardless of where or how I'm getting the receivers, I was in fact manufacturing. This applies to gunsmiths doing builds on customers receivers. I was told that if you make receivers into firearms you are a manufacturer if you sell them. It doesn't matter if you buy them from a dealer and do it as joe average or if you are a dealer and do it. When I said I bought a stripped lower and built it into an AR. I was told that really I should never sell it(could be constued as me manufacturing a firearm without a license0. When I said I was going to make it SBR, I was told you know you own that for life. Because now my name is on it saying I built it. It's okay to do it for yourself. Anyone can make a firearm for yourself. If they see multiple instances of them they will come check if you still have them all. If you sold some of them...you are a manufacturer.

It's cut and dried. You friends dealer is manufacturing for someone else. He needs the Class 7 manufacturers license. Then he's good to make semi auto. If he's doing SBR etc... it is outside of what I asked about but you can read the laws on the ATF website and it is quite clear on this.

Sorry this is so long but I wanted to make it clear. If you want you can write to the NFA branch and they will give you something in writing. They said they were happy to answer written questions in writing.

[SuicideHz]

Thank you very much for taking the time to put all that out there.

I pretty much thought that already. My take is that this guy is getting away with the semantics involved. My opinion is that a firearm is a firearm (has to be registered and can be nonfunctional) while a gun is a gun.

The receiver is the firearm and the gun is the working end result.

The guy is still building a gun, no matter how you look at it. He isn't authorized to build this type of gun.

[A62Rambler]

I'm pretty wordy and I try hard not to post a long post because most people won't read it anyway. I'm not an expert on anything but I tend to be the guy that goes to the source to ask. I actually had a longer post before.