Sunday, August 17, 2008

ATF rules

Or at least they try very hard to.

Their imperial majesties at the ATF demonstrate once again that they have too much budget and time on their hands. Following is a document that defines just what it takes to become a “manufacturer of firearms”. Lets compare this to things you or your mechanic might do to your car, since cars are statistically far more dangerous than firearms in this country:

www.atf.gov

Manufacturing of Firearms

Below are examples of operations performed on firearms and guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax. Any questions concerning the payment of excise tax should be directed to the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury.

Generally, a person should obtain a license as a manufacturer of firearms if the person:

1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);

If you buy a car, and fix it up with the intent of selling it, you are now a manufacturer, just like GM, except maybe profitable.

2) is performing the operations as a regular course of business or trade; and

..as in replacing worn tires or getting the car detailed.

3) is performing the operations for the purpose of sale or distribution of the firearms.

…such as one would normally do at a used car lot. In the case of automobiles, the person might be seen to be manufacturing kit cars, substantially different from the donor cars.

1. A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms. The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.

A company making unassembled and/or unfinished bodies and frames, essentially from scratch, would be a manufacturer. O.K.

2. A company produces frames or receivers for another company that assembles and sells the firearms. Both companies are engaged in the business of manufacturing firearms, and each should be licensed as a manufacturer of firearms.

Any shops subcontracted to for parts or sub-assemblies becomes a manufacturer of automobiles, even the supplier of raw steel, if they do any prep work to the metal, such as cutting or bending.

3. A company provides frames to a subcontractor company that performs

machining operations on the frames and returns the frames to the original company that assembles and sells the completed firearms. Both companies are engaged in the business of manufacturing firearms and should be licensed as manufacturers of firearms.

So if U-Haul alters the frame of your car by installing a hitch receiver, drilling a couple of holes in the process, they become a manufacturer of automobiles. Does that make your Honda a U-Haul, or would that be hyphenated on the title document as Honda-U-Haul?

4. A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms. Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. The company that assembles and sells the firearms should be licensed as a manufacturer of firearms.

The company that rebuilds your engine is not a manufacturer of automobiles, but Joes Garage, who installs it in your car, is. See above reference to re-titling your car.

5. A company receives firearm frames from individual customers, attaches stocks and barrels, and returns the firearms to the customers for the customers’ personal use. The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.

6. A company acquires one receiver, assembles one firearm, and sells the firearm. The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.

7. An individual acquires frames or receivers and assembles firearms for his or her personal use, not for sale or distribution. The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.

8. A gunsmith regularly buys military-type firearms, Mausers, etc., and

"sporterizes” them for resale. The gunsmith is in the business of

manufacturing firearms and should be licensed as a manufacturer.

If a used-car lot buys used cars, and attaches or affixes decals, spoilers, mag wheels, fender well flares, or the like to increase the resale value, they are manufacturing cars. Again, see above note re retitling.

9. A gunsmith buys semiautomatic pistols and modifies the slides to accept a new style of sights. The sights are not usually sold with these firearms and do not attach to the existing mounting openings. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.

10. A gunsmith buys government model pistols and installs “drop-in”

precision trigger parts or other “drop-in parts” for the purpose of resale. This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms, and selling them. The gunsmith should be licensed as a manufacturer.

11. A gunsmith buys surplus military rifles, bends the bolts to accept a scope, and then drills the receivers for a scope base. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.

12. A gunsmith buys surplus military rifles or pistols and removes the

stocks, adds new stocks or pistol grips, cleans the firearms, then sends the firearms to a separate contractor for bluing. These firearms are then sold to the public. This would be considered manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.

The guy that does the bluing, too. See 14 below.

13. A company purchases surplus firearms, cleans the firearms, then offers them for sale to the public. The company does not need to be licensed as a manufacturer.

At least the car-wash would be off the hook, even if they use wax.

14. A company produces firearms or firearm receivers and sends the firearm/receivers out for colorizing (bluing, camouflaging, phosphating, or plating) and/or heat treating. Do the companies performing the colorization and/or heat treating need to be licensed as manufacturers, and are the companies required to place their markings on the firearm? ATF has determined that both colorization and heat treating of firearms are manufacturing processes. The companies performing the processes are required to be licensed as manufacturers. If the companies providing colorization and/or heat treating have not received variances to adopt the original manufacturer’s markings, they would be required to place their own markings on any firearm on which they perform the manufacturing process of colorization and/or heat treating.

If you get any parts plated, coated, or painted for your car, the plating or paint shop is now a manufacturer of automobiles.

I have mentioned before that the ATF is the embodiment of the jack-booted thug, and serves no useful purpose that some other agency doesn't already serve.

Contact your Senators and Representatives and let them know that this agency is out of control, and needs to be terminated as a cost-saving measure. I understand that a significant part of the mail they get regarding the ATF is demanding its dismantling. Keep it up.


No comments: