Firearms Manufacturer Licensing

Manufacturing Operations

• A person must obtain a license as a manufacturer of firearms if they:
  • Create firearms or alter firearms (with the intention to resell)
  • Engage in this activity as a regular course of business or trade
  • Do so for the purpose of sale or distribution of the firearms

Definition of "Manufacturer"

• Under the Bipartisan Safer Communities Act (BSCA), a person is "engaged in the business" if they:
  • Devote time, attention, and labor to dealing in firearms
  • Do so as a regular course of trade or business to predominantly earn a profit
• A person who manufactures a firearm requires a manufacturer's license if they meet these conditions

Gunsmithing vs. Manufacturing

• Performing cosmetic processes or activities (e.g., camouflaging, engraving) is not considered manufacturing if done for a non-licensee
• However, such activities require a manufacturer's license if performed as part of the production of new or remanufactured firearms for sale or distribution
• Installing drop-in replacement parts in or on existing firearms does not result in an alteration to the original firearm
• A dealer/gunsmith may repair or customize customer-owned firearms, including using drop-in replacement parts
• A licensed dealer/gunsmith who repairs, modifies, embellishes, refurbishes, or installs parts in or on firearms for a licensed importer or manufacturer must become licensed as a manufacturer

Marking Requirements

• All firearms manufactured by licensed manufacturers must be marked
• Markings must be placed in a conspicuous location, be legible, and include:
  • Serial number (on frame/receiver)
  • Manufacturer name (or recognized abbreviation) (on frame/receiver)
  • Manufacturer city and state (on frame/receiver) or abbreviated FFL number
  • Model (if any), Caliber/Gauge
• Required markings on frames or receivers must be made when sold, shipped, or otherwise disposed of
• Markings must be made within a specific time period, depending on the type of firearm

Recordkeeping Requirements

• Licensed manufacturers must maintain records of acquisition and disposition, including:
  • Name of importer, manufacturer, and if PMF
  • Type, model (if any), caliber/gauge, serial number
  • Date of manufacture or acquisition and if acquired, name and address or name and FFL number of licensee
  • Date of disposition, name and address or name and FFL number of licensee, or Form 4473 transaction number
• Records must be kept until business or licensed activity is discontinued
• Annual Firearms Manufacturing and Exportation Report (AFMER) must be submitted by April 1 for the previous calendar year, including:
  • Production of firearms manufactured and disposed of by the licensee
  • Separate frames or receivers, actions or barreled actions produced by another manufacturer
  • Complete firearms, separate frames or receivers, action or barreled actions disposed of in commerce

Learn about the requirements to obtain a license as a manufacturer of firearms, including the definition of 'manufacturer' under the Bipartisan Safer Communities Act.