is this legal?

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

Glock_21

Sharpshooter
Special Hen
Joined
Jan 28, 2014
Messages
465
Reaction score
39
Location
Somewhere in the Matrix
Mama Said.jpg
 

mr ed

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Mar 14, 2009
Messages
7,036
Reaction score
4,885
Location
Tulsa
if you build for resale as private citizen or licensed dealer you owe the government 11% excise tax on each gun assembled.
 

bigfug

Sharpshooter
Special Hen
Joined
Oct 24, 2008
Messages
5,184
Reaction score
920
Location
Moore
if you build for resale as private citizen or licensed dealer you owe the government 11% excise tax on each gun assembled.

Only if you build in excess of more than X # of guns (50 I believe). If you build 49, no tax, if you build 51, you don't pay tax on the one but all 51. He's only got two posts on here that aren't related to selling of AR's. He has a spreadsheet listing all of his options for customs builds, so this isn't his "personal collection". The fact that 1-2 of his posts are in his own FS threads kind of negates the hobbyist part, this is not "occasional". I would expect to see more general posts vs FS threads if he were a hobbyist, so this looks "regular" and "regular course of trade" requires an FFL. Everything points to gunsmith (this isn't occasional parts fitting), or mfr (more so mfr in my eyes). I think he's definitely skirting the grey areas with his "reasoning", but that's the thing, since it's grey, its really up to the ATF if and when they pay a visit. As far as the board is concerned, its up to a mod to determine whether they allow it or not, but personally, I've always erred on the side of caution when it comes to legalities. I'd rather not have to try and explain or defend my actions in a court of law.
 
Last edited:

zghorner

Sharpshooter
Special Hen
Joined
Oct 1, 2014
Messages
2,560
Reaction score
944
Location
se okc / tinker aea
Here's the thing, chief. You don't get to decide when it's a hobby or when it crosses over to a business. You don't get to decide if it's "occasional" or if you're devoting "time, attention and labor" in building these. They do! So when they decide to knock on your door, don't be surprise if they don't think it's grey at all, either.

I sent the guy a PM telling him he might ought to delete the listing and look into it further...but he really thinks he is not engaged in dealer activities, just because he doesn't have a dealer license haha. That's like saying, I'm going to import a ton of stuff from an embargoed nation and its completely legal because I'm not a licensed importer/exporter haha.
 

Latest posts

Top Bottom