Pennsylvania Firearm Owners Association
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  1. #111
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by Pa. Patriot View Post
    In addition to the PDF Iposted, I recall seeing a ATF faq regarding "gunsmiths" and other 01FFL's. I am looking for it. It essentially said the same thing, however it was geared towards gunsmiths.
    Maybe I shouldn't have muddied the water with the 10/22. THanks for the info, however... I just spoke with an ATF inspector at my location about a month ago and she told me otherwise... I guess they need to get on the same page over there, huh?

    Let's skip that example and go right to the AR15 example. I'm pretty sure that that *has* to constitute manufacturing, right? I mean, I guess there isn't much fitting required to the assembly of an AR15, but technically you can pretty much slap together a sloppy and barely-functional 1911 from really loose parts without much fitting either. Is that manufacturing?

    If not, I was told all kinds of misinformation... I'm starting to wonder why I got an 07 FFL instead of an 01.

  2. #112
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Jim Hakes in wrightsville called ATF to find out what they wanted done on my two lowers i just got.

    ATF told him to transfer them as they were. receivers. one was engraved as a pistol, so one was transfered as a "pistol receiver" and one as a "receiver."

    stubby gear transfered the one i bought as a receiver as well.
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  3. #113
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by tacticalreload View Post
    but technically you can pretty much slap together a sloppy and barely-functional 1911 from really loose parts without much fitting either. Is that manufacturing?
    yes, it is.

    any time you take parts and alter them from a receiver to a function weapon you are manufacturing them.

    same with if you were to build JUST a lower (From waht i have been told)
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  4. #114
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by Seventy4Blazer View Post
    yes, it is.

    any time you take parts and alter them from a receiver to a function weapon you are manufacturing them.

    same with if you were to build JUST a lower (From waht i have been told)
    That's my understanding as well... so as to my original post, it was also my understanding that while there is no doubt you can manufacture 50 or less firearms in a year and be exempt from paying FAET, you can't manufacture even one for sale without an 07

  5. #115
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    lets say you have a reciever, you build it as a rifle, then a year later you are getting divorced and need cash for a laywer. Can you sell the rifle?

  6. #116
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by thetruepyromaniak View Post
    lets say you have a reciever, you build it as a rifle, then a year later you are getting divorced and need cash for a laywer. Can you sell the rifle?
    Yes, in that instance there's no intent to repetitively buy & sell (or manufacture & sell) firearms without an FFL.

    If you try to claim that you bought 10 receivers, built them up for personal use, then changed your mind the next week and sold them for twice what you paid in parts, you may have a credibility gap, and face some persuasive evidence of intent to engage in the business without an FFL.

  7. #117
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by GunLawyer001 View Post
    Yes, in that instance there's no intent to repetitively buy & sell (or manufacture & sell) firearms without an FFL.

    If you try to claim that you bought 10 receivers, built them up for personal use, then changed your mind the next week and sold them for twice what you paid in parts, you may have a credibility gap, and face some persuasive evidence of intent to engage in the business without an FFL.
    Ahh... if only we were still in the days where it was possible to sell them for twice what you paid in parts.

  8. #118
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by tacticalreload View Post
    Ahh... if only we were still in the days where it was possible to sell them for twice what you paid in parts.
    If you bought the parts a year ago, and sold the gun now, you could double your money. Now, it might pay you to buy the rifle and part it out.

    Of course, a shoebox full of cash easily outperforms the stock market these days. Always hard to predict the future.

  9. #119
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by tacticalreload View Post
    Maybe I shouldn't have muddied the water with the 10/22. THanks for the info, however... I just spoke with an ATF inspector at my location about a month ago and she told me otherwise... I guess they need to get on the same page over there, huh?

    Let's skip that example and go right to the AR15 example. I'm pretty sure that that *has* to constitute manufacturing, right? I mean, I guess there isn't much fitting required to the assembly of an AR15, but technically you can pretty much slap together a sloppy and barely-functional 1911 from really loose parts without much fitting either. Is that manufacturing?

    If not, I was told all kinds of misinformation... I'm starting to wonder why I got an 07 FFL instead of an 01.
    Your confusing the terms involved with the two different types of "manufacturing.

    To manufacture a title-1 receiver, for the purposes of resale, you need a 07
    to manufacture rcvr's + assemble them into rifles/handguns, for purposes of resale, you need 07 FFL.

    THere is manufacturing in the sense of manufacturing (machining, etc) a receiver/title-1 firearm. This differs from excise tax in that only assembled (fires when you pull the trigger) firearms are taxable.

    If you take an already "manufactured", virgin title-1 AR-15 rcvr and mate it with a upper rcvr you have "manufactured" for excise tax purposes, a firearm. And owe 11% tax (after 50 firearms). But you have not manufactured the title-1 rcvr.

    WHen manufacturers sell stripped rcvrs they do NOT pay excise tax. Because it is not an assembled "firearm". Excise tax is only due on complete, assembled (fire-able) firearms.

    As an 01FFL you have a 50 firearm threshold in "assembling" and "modifying".

    You have "0" firearm threshold if manufacturing rcvrs/title-1 parts.

    Hope this helps clear up your confusion
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  10. #120
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    Default Re: AR-15 stripped lower MUST be registered as a handgun - Legal issues?

    Quote Originally Posted by Pa. Patriot View Post
    As an 01FFL you have a 50 firearm threshold in "assembling" and "modifying".
    Thanks. I actually wasn't confusing the two, but I understand what you're saying.

    Can you point me to the place where I can find this specifically stated? The .pdf you linked earlier is addressed to manufacturers and only deals specifically with FAET as outlined by the Tax and Trade Bureau. (BTW, the tax on firearms is 10%... 11% only applies to ammo.) I have been unable to find anything about an 01 FFL having a 50 firearm exemption.

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