Gunsmithing in PA

[mick]

Does Pennsylvania require a license to do gunsmith work ?

[knight0334]

Does Pennsylvania require a license to do gunsmith work ?

No state license that I can tell of, unless they classify smiths in with dealers.. However you will have to have a Federal Firearm's License for sure.

[Xringshooter]

Yes, You need to have both a FFL and the PAFL and a PA Sales Tax license.

From the BATFE web site:
I. GUNSMITHS

(I1) Is a license needed to engage in the business of engraving, customizing, refinishing or repairing firearms? [Back]

Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. See Item 16, “Federal Excise Tax” in the General Information section of this publication.

[27 CFR 478.11]

(I2) Does a gunsmith need to enter in a permanent "bound book" record every firearm received for adjustment or repair? [Back]

If a firearm is brought in for repairs and the owner waits while it is being repaired or if the gunsmith is able to return the firearm to the owner during the same business day, it is not necessary to list the firearm in the “bound book” as an "acquisition." If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an “acquisition” and a “disposition” in the permanent "bound book" record.

(I3) Is an ATF Form 4473 required when a gunsmith returns a repaired firearm? [Back]

No, provided the firearm is returned to the person from whom it was received.

[27 CFR 478.124(a)]


(I4) May a gunsmith make immediate repairs at locations other than his or her place of business? [Back]

Yes.

(I5) May a licensed gunsmith receive an NFA firearm for purposes of repair? [Back]

Yes, for the sole purpose of repair and subsequent return to its owner. It is suggested that the owner obtain permission from ATF for the transfer by completing and mailing ATF Form 5 to the NFA Branch and receive approval prior to the delivery. The gunsmith should do the same prior to returning the firearm.

Only the face of the form needs to be completed in each instance. ATF Forms 5 may be obtained from the Bureau of ATF, NFA Branch. ATF Form 5 is also available on the internet at www.atf.gov


(I6) Is a licensed gunsmith required to comply with the requirements to give written notification to handgun transferees and post signs on juvenile handgun possession? [Back]

The requirement that written notification on juvenile handgun possession be given to a non-licensee to whom a handgun is delivered applies to all Federal firearms licensees. It applies to the return of handguns to their owners, as well as to their sale. Thus, a gunsmith who repairs or customizes a non-licensee’s handgun must provide the notification to the non-licensee when the handgun is returned. The sign posting requirement also applies to gunsmiths, unless the gunsmith only disposes of handguns to non-licensees who do not appear at the gunsmith’s licensed premises, for example, when repaired handguns are shipped to non-licensees.

[18 U.S.C. 922(x), 27 CFR 478.103]


(I7) Is a licensed gunsmith’s return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees? [Back]

No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms. (See also Question P24.)

[18 U.S.C. 922(d), 27 CFR 478.32(d)]



Hope This helps.

[mick]

The PAFL, that is the license to sell, for Pennsylvania, correct ? I currently, only have a C&R but applied for Dealer FFL.


Thanks for your time.

[Xringshooter]

The PAFL is a license to deal in firearms, however if you are planning on starting a gunsmithing business you will need to have one as you will probably need at some point in time to purchase a part that is considered the firearm and to legally sell it you will have to have the correct licenses.

For example, someone brings you a rifle that they shot an overloaded cartridge and it destroyed the receiver. To fix the receiver you order a new one, replace the barrel, stock and trigger assembly. The receiver is what is classed as the firearm and because it has a different s/n from the destroyed receiver, you are in fact supplying a new firearm and you need the PAFL to be legal.

Or, someone wants you to build them a custom AR. You get all the parts and put it together. To legally sell it you would have to have the PAFL.

Also, when the BATFE inspects you (not if but when, because they will) you must prove to them that you are meeting all Federal laws, State laws and any pertinent local laws and ordinances. If you are not they may ask you to turn your dealer license back in.

One other thing, you will need to get in touch with the PA State Police Firearms Unit to get registered so that you can use the PA Instant Check System. You will get a dealer number, PIN, the number to call and all the info needed. Oh, and the forms for submitting the PICS fee's to the PSP.

If you have any other questions you can PM me if you like (or post to maybe get more info from others).

[mick]

Thank you very much for your time and great information, due you run a business? I am trying to get things up and running but I know it takes some time for the FFL, as my C&R took almost six months, mainly due to 9/11, I applied for the C&R license a month before that happened. I am hoping the FFL will only be half that amount of time. I will be in touch when I have further questions. Thanks again.

[Xringshooter]

Yes, I run a small part time business at this time. Be ready for a lot of questions from the BATFE. If you are going to run it out of your home make sure you meet all the Snyder Co and local ordinances. The BATFE doesn't like home based gun businesses (they would rather you have a store front) but they will issue the license if you have permission from the local authorities.