A post was made asking where I got my information that to engage in the business of refinishing a firearm, someone has to be a FFL dealer. But that post disappeared as I was typing and posting my below response. But I'm leaving my below post because it's still good info to know even though the posted question that was asking for that info disappeared. Just wanted to clairify that in case anyone was wondering why I was posting the below when they may not have seen the post asking for that info before it disappeared.
The key here is if a business "is engaged" in doing it for a profit or not. If a business does it for a profit, the BATFE can charge that they are "engaging in the business". (We all know how the BATFE can INTERPRET things however they please and the courts and congress let them get away with it.)
Also please note that there is a difference between being a manufacturer licensee and a standard FFL licensee dealer. The BATFE holds that anyone who in their business cosmetically changes the finish or appearance of a firearm, doesn't have to be a manufacturer under the law,
but still must be a licensed FFL dealer. There are various BATFE documents that show the BATFE's opinion and position on how they INTERPRET this under the law.
I am just showing you a few.
You could phone the BATFE to clairify, but experience has shown that even their own agents often don't know what the BATFE's position is on all these regulations. For more sure clarification, you'd have to send them a letter asking for a written response. Then someone there will take the time to make sure you get the correct OPINION and POSITION of how the BATFE INTREPRETS the law.
Here are several PDF directives direct from the BATFE website that I copied and pasted here.
I have highlighted certain sections I felt were pertinent in red.
BATFE ruling 2010-10......
"U.S. Departmenot f Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
Washington. DC 20226
18 U.S.C. 921(a): DEFINITIONS
18 U.S.C. 922(a)(I)(A): LICENSES REQUIRED
18 U.S.C. 923(a): LICENSES REQUIRED
27 CFR 478.11: DEFINITIONS
27 CFR 478.41(a): LICENSES REQUIRED
Any person who engages in an activity or process that primarily adds to or changes a firearm's appearance, by camouflaging a firearm by painting, dipping, or applying tape, or by engraving the external surface of a firearm, does not need to be licensed as a manufacturer under the Gun Control Act. Any person who is licensed as a dealer/gunsmith, and who camouflages or engraves firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act.
Any person who is engaged in the business of camouflaging or engraving firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act.
ATF Rut. 2009-1
The Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF) has received inquiries from Federally licensed manufacturers and dealers/gunsmiths seeking clarification as to whether camouflaging firearms, or cutting designs into firearms by engraving, constitute manufacturing activities that require a manufacturer's license. Camouflaging refers to a patterned treatment using a variety of different colors that enables a firearm to blend into a particular outdoor environment. This typically involves painting, dipping, or applying a tape over the firearm's wood and/or metal parts. Engraving firearms is a process in which a decorative pattern is placed on the external metal of a firearm primarily for ornamental purposes. The engraving can be cut by hand or machine, or pressed into the metal. There are other engraving techniques that cut designs into firearms, such as checkering or scalloping.
The Gun Control Act of 1968 (GCA), Title 18, United States Code (V.S.C.), Chapter 44, provides, in part, that no person shall engage in the business of importing, manufacturing, or dealing in firearms until he has filed an application with and received a license to do so from the Attorney General. A "firearm" is defined by 18 V.S.C. 92 I (a)(3) to include any weapon (including a starter gun) which will or is designed to or may readily be converted
to expel a projectile by the action of an explosive, and the frame or receiver of any such weapon. The term "manufacturer" is defined by 18 V.S.C. 921(a)(IO) and 27 CFR 478.11 as any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution.
The term "dealer," which includes a gunsmith, is defined by 18 V.S.C. 921(a)(II) and 27 CFR 478.11 to include any person engaged in the business of selling firearms at wholesale or retail, or repairing firearms or making or fitting special barrels, stocks, or trigger mechanisms to firearms. In Revenue Ruling 55-342, ATF's predecessor agency interpreted the meaning of the terms "manufacturer" and "dealer" for the purpose of firearms licensing under the Federal Firearms Act, the precursor statute to the GCA. It was determined that a licensed dealer could assemble firearms from component parts on an individual basis, but could not engage in the business of assembling firearms from component parts in quantity lots for purposes of sale or distribution without a manufacturer's license. Since then, ATF has similarly and consistently interpreted the term "manufacturer" under the GCA to mean any person who engages in the business of making firearms, by casting, assembly, alteration, or otherwise, for the purpose of sale or distribution.
Performing a cosmetic process or activity, such as camouflaging, that primarily adds to or changes the appearance or decoration of a firearm is not manufacturing. Unlike manufacturing processes that primarily enhance a firearm's durability, camouflaging is primarily cosmetic. Likewise, external engravings are cosmetic in nature and primarily affect only the appearance of a firearm. Held, any person who engages in an activity or process that primarily adds to or changes a firearm's appearance by camouflaging the firearm by painting, dipping, or applying tape does not need to be licensed as a manufacturer under the Gun Control Act. Held further, any person who engages in an activity or process that primarily adds to or changes a firearm's appearance by engraving the external surface of the firearm does not need to be licensed as a manufacturer under the Gun Control Act.
Held further, any person who is licensed as a dealer, which includes a gunsmith, and who camouflages or engraves firearms as described in this ruling does not need to be licensed as a manufacturer under the Gun Control Act.
Held further, any person who is engaged in the business of camouflaging or engraving firearms as described in this ruling must be licensed as a dealer, which includes a gunsmith, under the Gun Control Act."
Here's the link to the above BATFE ruling.....
www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2009-1.pdf
Here's another taken directly from the BATFE website.....
"Q: Is a
license needed to engage in the business of engraving, customizing,
refinishing or repairing firearms?
Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. [27 CFR 478.11]
Q: Does a gunsmith need to enter in a permanent “bound book” record every firearm received for adjustment or repair?
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."
And here's the link to the BATFE website for that above text.....
http://www.atf.gov/firearms/faq/gunsmiths.html
I don't like it either. But there it is straight from the BATFE's website.
Don't shoot me, I'm only the messenger
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