Gun Work
- Thread starter KY DAN
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Eddietruett
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Why would you think that you couldn't?
I just wanted to make sure its legal to do, its not for profit and it would be at his residence not mine so it seemed legal to me.
F-111 John
Member
Kentucky does not require private transfers to go through an FFL, so assuming that both you and your friend are residents of Kentucky, and that you are not a prohibited person, you may legally take possession of his revolver without a NICS check. Therefore the work can occur at his house or at yours, with him present or not present.
Since neither federal law or ATF guidelines establish a monetary threshold, only a court can determine, after charges are brought by the ATF, whether your gunsmithing work constitutes a business and requires you to be a licensed FFL. If you are not charging anything for the work, then it is highly unlikely that the ATF will accuse you of being "in the business" of gunsmithing. However, there is no law that states "yes, you can perform the work."
See the following ATF ruling 2010-10 for more information: https://www.atf.gov/firearms/docs/r...e-performed-licensed-gunsmiths-under/download
The above ATF ruling pertains to manufacturing, but does include the definition of a gunsmith for purposes of licensing.
Since neither federal law or ATF guidelines establish a monetary threshold, only a court can determine, after charges are brought by the ATF, whether your gunsmithing work constitutes a business and requires you to be a licensed FFL. If you are not charging anything for the work, then it is highly unlikely that the ATF will accuse you of being "in the business" of gunsmithing. However, there is no law that states "yes, you can perform the work."
See the following ATF ruling 2010-10 for more information: https://www.atf.gov/firearms/docs/r...e-performed-licensed-gunsmiths-under/download
The above ATF ruling pertains to manufacturing, but does include the definition of a gunsmith for purposes of licensing.
MedWheeler
Member
F-111 John writes:
Yep. Criminal laws spell out prohibitions, not permissions. What isn't prohibited by law isn't, well, prohibited.
Yep. Criminal laws spell out prohibitions, not permissions. What isn't prohibited by law isn't, well, prohibited.
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