Engraving, painting or camoflaging guns --FFL required

[Twenty five ought six]

Sifting through the BATF site, I ran across this ruling. From time to time, I see recommendations for non-FFL's who can apply different finishes, powder coatings, and so on to guns.

Also, there recently was a discussion about who could engrave a gun for the purposes of registering it as a SBR. Although this ruling speaks in terms of decorative engraving, I see nothing that says it would not apply to other engraving on a firearm.

This ruling is a .pdf file, and I've never figured out how to post a .pdf file here, so I copied the text -- and included the link to the actual ruling.

u.s. Departmenot f Justice
Bureau of Alcohol, Tobacco,
Fireanns 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 afirearm by painting, dipping, or applying tape,or by engraving the external surface of a firearm, does not need to be licensed as amanufacturer under the Gun Control Act.

Any person who is licensed as a dealer/gzlnsmith, 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.
A TF 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
-2-
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, ~;tocks, 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 fireanns 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.
Date approved: \ \ ~-o~

--::~~~~~~~;


http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2009-1.pdf

 

[Luke_M]

25.06, I have brought this up a couple of times. I knew that it was the case when I did my FFL thing years ago and I had not heard of any changes in it.

I too, have seen several people over the last few years advertise that they will do it (engaging in the business of it). One must be careful and I do remember several pointing out that many Jewelers would engrave.

Luke

 

[Larry Rooks]

If you are gonna do anythign with a firearm in today's world, you'd best have an FFL. I have had one for 20 plus years, and am now moving to another town, and it looks like ATF is not going to allow a change of address to keep
the FFL current, or at least will not renew it once it runs out in March 2011

 

[jglenn]

interesting read

so if you painted a gun one color it would NOT by definition be camouflaged.....

"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"

 

[stevetarget]

You have to have a dealer FFL to dip, engrave or camo guns as a business. The first part of the post above is mainly to say that a manufactures license is not needed to camo guns. Some of the camo dipping places could end up in big trouble when they get caught doing guns.

 

[Luke_M]

You have to have a dealer FFL to dip, engrave or camo guns as a business. The first part of the post above is mainly to say that a manufactures license is not needed to camo guns. Some of the camo dipping places could end up in big trouble when they get caught doing guns.

More correctly stated, to engage in any "business" relating to the finishing or refinishing of any firearm, you must have a FFL. That is to say, if you are charging someone for worked performed on their firearm, then you are engaging in the "business." It does not matter if a profit is made or not.

Luke

 

[seaweaver]

More regulation....need more...regu....
cw

 

[first shot]

seaweaver +1. You said it all, buddy!