Class 01 FFL and AR Assembly

Discussion in 'NFA/Class 3 & FFL Discussion' started by Olympus, Mar 16, 2014.

  1. Olympus

    Olympus New Member

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    I've been getting a lot of people asking why I don't sell complete AR uppers. I have a Class 01 FFL and I've been scared about anything that could be construed as "manufacturing", so I've been selling individual parts, unassembled. But I have a lot of customers interested in buying complete uppers mostly.

    So my question is, as a Class 01, is there anything with an AR that I can assemble and sell and not be in violation of manufacturing? Such as, can I assemble a complete upper (upper receiver, BCG, charing handle, barrel, handguard, etc)? Can I assemble a complete lower by itself (lower, LPK, buffer, and stock)? Can I do one but the other?
     
  2. c3shooter

    c3shooter Administrator Staff Member

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    These are the folks you REALLY need to ask-

    ATF- Federal Firearms Licensing Center

    244 Needy Road Martinsburg, West Virginia 24505 USA

    Voice: (866) 662-2750 (Toll Free)

    The folks to talk to are over in the Firearms Technical branch- the answer they give you is the one you can take to the bank. Answers from local ATF office- eh.... not so much.
     

  3. Olympus

    Olympus New Member

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    I'll give them a call tomorrow. Thanks for the info.


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  4. ggenovez

    ggenovez New Member

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    I asked my ATF agent during the interview. He said as far as the ATF is concerned it is not a firearm and you don't even need a license.
     
  5. danf_fl

    danf_fl Retired Supporter

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    As long as it is the upper.
    Start assembling lowers and you need another license (unless you assemble for yourself).
     
  6. JonM

    JonM Moderator

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    So true.

    In fact the goblins in milwaukee follow them around cuz the local branch is so inept they often get their full autos and vehicles stolen. Heh.
     
  7. TexasGunner

    TexasGunner New Member

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    You would be good to go with complete uppers, but you would need a class 7 to sell assembled lowers since that I assembling what is classified as the "actual firearm". That is how it was explained to me.

    I applied for a class 7, so I could sell ones I build. Or could sell coated receivers. Apparently coating falls under the modifying category.

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    Last edited: Mar 21, 2014
  8. 1911love

    1911love New Member

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    Did you have to pay ITAR or were you granted an exemption? I want an 07 to make extra money like the OP, but paying ITAR wouldn't make it worth my time.
     
  9. TexasGunner

    TexasGunner New Member

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    Also getting mine to make extra money primarily coating receivers and parts. Not really to manufacture guns, so no I have not done anything with ITAR.


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  10. 1911love

    1911love New Member

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    The ITAR regs say all 07s are bound by it, complete BS. Good luck, keep us updated on how things are going. I really want to do the same and I appreciate the information you have to offer.
     
  11. Olympus

    Olympus New Member

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    I called and talked to an agent in Technology branch. He confirmed that assembling and selling a complete upper is not considered manufacturing and a Class 01 CAN do this.

    A Class 01 CANNOT assemble and sell a complete lower. A Class 01 CAN sell a complete lower than is already assembled by the manufacturer.

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