Legality of making a part for sale.

[Hammerhead6814]

I'm already aware that making something like an AR-15 lower and sell it would require a class 7 license. What I'm trying to figure out, and what the ATF's FAQ is sketchy on, is if I need a license to build a part like a picatinny hand-guard or a pistol grip?

Another problem is, say I wanted to mill out a block of aluminum for a hand-guard and the aluminum came from overseas. I do all the milling and machining here, but the aluminum itself came from a foreign country. Does this count as a foreign part?

 

[HankB]

IANAL, but my understanding is that if the part you make is NOT a receiver and is NOT itself restricted (like suppressor components or a drop in auto sear, which will land you in serious hot water) you may as well be making a toaster as far as the Feds are concerned. Everything else from a trigger group to a barrel to a buttstock is freely available without registration or restriction, so I don't see why special, firearm-related licensing would be required other than whatever else is needed to set up a business.

As for the second part . . . I vaguely recall reading that even if some of the source materials came from OUS, if you do the majority of the value-added processing here (I would think milling and machining a block of metal would meet this requirement) then it counts as a US-made component.

Repeating the caveat that IANAL, this is just a layman's opinion, and worth every cent you paid me for it. (And I've no idea if there are some local restrictions where you're at.)

 

[Jim K]

I don't see how anyone, including you, could be sure where the aluminum came from. Stuff like that is usually bought by the size, so many feet of x by y inches, not the country of origin. It doesn't become a part until you make it one, in the US.

The only parts you would need a license to make would be the frame or body of a firearm (FFA and NFA definition), those that convert a non-"firearm" (NFA definition) to a "firearm" (again NFA definition), like a DIAS or an M2 carbine kit, which are defined as machineguns in and by themselves, or parts used to make a suppressor or other "firearm".

Jim

 

[NavyLCDR]

An FFL is not required to manufacture a firearm, frame or receiver for personal use. Nor is an FFL required to sell the firearm later...that was originally for personal use. An FFL is only required if a person manufactures firearms as a course of business with the principal objective of making profit and livelihood.

Making and selling firearms parts (not receivers or frames) - no FFL required - UNLESS you accept firearms and install the parts on the firearms and return them as a course of business for the principal objective of making profit and livelihood.

 

[xquercus]

hammerhead,

As to your specific question about foreign sourced aluminum I have a few suggestions.

First of all, look through section 922 and see if you can find out how foreign made part is defined. Perhaps the definition clearly states that domestically made parts which have foreign made metal are not foreign made. Perhaps it explicitly states that where a part is forged, machined or stamped is the determining factor -- not where the aluminum or steel comes from.

Secondly, ask around on some of the boards where folks are specifically involved in making their own firearms -- most commonly 1911s and AK pattern rifles. They might be able to point you to an authoritative answer regarding foreign sourced aluminum.

Third, perhaps a polite email to one of the smaller makers of gun parts. Rimfire Technologies makes parts for the Ruger 10/22 and KT Ordanance makes 80% 1911 frames and parts kits. They are small enough shops that they might respond to a question like this.

Finally, if you can't find an authoritative answer anywhere, perhaps a letter to the ATF technolgy branch is in order? It's their job to render opinions on the legality of firearms. Not only do they make determinations for the ATF and law enforcement, but they respond to questions from the general public. I think they would be very likely to respond definitively to the issue of domestically made parts using foreign sourced aluminum as related to 922 compliance. In general (though there are plenty of exceptions) their response letters are very clear and definitive.

Good luck and please share your findings with us.

 

[brickeyee]

you may as well be making a toaster as far as the Feds are concerned.

Better check ITAR.

 

[HankB]

If foreign source material makes a foreign part, then wouldn't all the S&W firearms with Scandium frames be considered imports?

brickeyee, wouldn't ITAR only come into play if the parts were being made for export?

 

[Birch Knoll]

you may as well be making a toaster as far as the Feds are concerned.

Better check ITAR.

Well, so far as ATF is concerned, anyway.

 

[brickeyee]

Well, so far as ATF is concerned, anyway.

ATF is not the only federal entity regulating firearms and their manufacture.

The ITAR registrant fee has killed more than one idea.

Of course never having even tried to run a business or do anything productive Obongo and most of congress would never understand.

The multiplicity of federal entities poking their nose into every damn thing are a nightmare.

I cannot even talk to foreign entities about the work my company performs, radiation effects and measurements.

 

[Diamondback6]

Do check out HomeGunsmith.com--it's a fair sized community of guys who do everything from tweaks to raw-metal receiver-cutting on their own private iron.

 

[Bubbles]

Brickeye is correct. ITAR does regulate not only firearm manufacturers but certain parts makers (e.g. precision rifle barrels) and accessories like optics and night vision. Manufacturers must register even if they don't export unless they get a commodity jurisdiction letter for every part they make. The fee is $2250 per year.

This is not a place to play games as the maximum penalty per violation is 10 years in prison and a $1 million fine.

 

[xquercus]

Considering we brought up ITAR, I thought I'd share this:

http://nbitwonder.com/blog/2011/04/...ternational-traffic-in-arms-regulations-itar/

It's an interesting page on ITAR geared toward the home hobbyist tinkerer. I'm a bit of a geek and used to subscribe to a magazine called Make. The Maker crowd has a healthy interest in a variety of areas which might fall under ITAR. While there isn't much interest in firearms, the coolest railguns and lasers I've ever seen have been home brewed in peoples garages!