Firearms Manufacturer Licensing

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Questions and Answers

What is the main purpose of ATF Ruling 2009-2?

To impose stricter marking requirements on firearms

To prohibit the sale of firearms online

To license dealers as manufacturers

To clarify the use of drop-in replacement parts in existing firearms (correct)

What is the requirement for a dealer-gunsmith who repairs, modifies, embellishes, refurbishes, or installs parts in or on firearms for a licensed importer or licensed manufacturer?

They must become licensed as a manufacturer (correct)

They must obtain a variance from the ATF

They must stop performing such services

They can continue to operate under their current license

What is the purpose of ATF Final Rule 2021R-05F?

To prohibit the sale of firearms online

To clarify the definition of a gunsmith (correct)

To impose stricter marking requirements on firearms

To restrict the use of drop-in replacement parts

What is required of a business that allows persons to perform manufacturing processes on firearms using machinery or equipment under its dominion and control?

The business must obtain a manufacturer's license Signup and view all the answers

What is the purpose of marking firearms manufactured by licensed manufacturers?

To identify the manufacturer and serial number Signup and view all the answers

Where must markings on firearms be placed?

In a conspicuous location wholly unobstructed from plain view Signup and view all the answers

What is the deadline for recording the manufacture of complete non-National Firearms Act weapons and frames or receivers?

Seventh day following the date the entire manufacturing process has ended Signup and view all the answers

What is required to be reported on the Annual Firearms Manufacturing and Exportation Report (AFMER)?

Production of firearms, including separate frames or receivers, actions or barreled actions Signup and view all the answers

What is the requirement for a firearm frame or receiver that is sold, shipped, or otherwise transferred?

It must be marked with the same information as a complete firearm Signup and view all the answers

Can a firearm be taken off the premises to be marked with a serial number?

No, it is not allowed because a firearm cannot leave the business premises without a serial number Signup and view all the answers

What is the purpose of the Acquisition and Disposition Record?

To record the manufacture and disposition of firearms Signup and view all the answers

What is the purpose of ATF Ruling 2015-1?

To clarify when a person must be licensed as a manufacturer Signup and view all the answers

When must the Acquisition and Disposition Record be kept?

Until the business or licensed activity is discontinued Signup and view all the answers

What is the deadline for submitting the Annual Firearms Manufacturing and Exportation Report (AFMER)?

April 1 for the previous calendar year Signup and view all the answers

What is the requirement for a manufacturer who assembles or produces complete firearms from frames/receivers, actions or barreled actions produced by another manufacturer?

They must include the manufacture of these complete firearms in the report Signup and view all the answers

What information is required to be recorded in the Acquisition and Disposition Record?

Name of Importer, Name of Manufacturer, Type, Model, Caliber/Gauge, Serial Number, and other information Signup and view all the answers

Who must obtain a license as a manufacturer of firearms?

A person who creates firearms or alters firearms as a regular course of business or trade, for the purpose of sale or distribution Signup and view all the answers

What is the requirement for recording firearm dispositions?

Recorded not later than the seventh day following the date of the transaction Signup and view all the answers

What happens if a manufacturer has no activity to report on the Annual Firearms Manufacturing and Exportation Report (AFMER)?

They must submit the report with a statement indicating no activity Signup and view all the answers

Under what conditions must a person obtain a license as a manufacturer of firearms?

If they are altering firearms as a regular course of business or trade and for the purpose of sale or distribution. Signup and view all the answers

What is the main purpose of the definition of 'manufacturer' in 18 U.S.C. 921(a)(10) and 27 CFR 478.11?

To require a person to be 'engaged in the business' before the manufacturer's license requirement applies. Signup and view all the answers

What does the term 'engaged in the business' mean according to the Bipartisan Safer Communities Act (BSCA)?

A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit. Signup and view all the answers

When does a person who manufactures a firearm require a manufacturer's license?

If they devote time, attention, and labor to manufacturing firearms as a regular course of trade or business to predominantly earn a profit. Signup and view all the answers

What is considered manufacturing according to ATF Final Rule 2021-05F?

Performing a cosmetic process or activity, such as camouflaging or engraving, as a part of the production of new or remanufactured firearms for sale or distribution. Signup and view all the answers

What is not considered manufacturing according to ATF Final Rule 2021-05F?

Performing a cosmetic process or activity, such as camouflaging or engraving, for a non-licensee. Signup and view all the answers

What is the main difference between gunsmithing and manufacturing?

Gunsmithing is performed for a non-licensee, while manufacturing is performed for sale or distribution. Signup and view all the answers

What is required for licensed manufacturers to report the production of firearms?

Filing an Annual Firearms Manufacturing and Exportation Report (AFMER) Signup and view all the answers

When is a manufacturer's license required?

If a person is creating firearms or altering firearms as a regular course of business or trade and for the purpose of sale or distribution. Signup and view all the answers

What is the minimum depth required for the serial number marking on a firearm frame or receiver?

.003 inch Signup and view all the answers

When must a licensed manufacturer mark a complete non-National Firearms Act weapon with required markings?

On the seventh day following the completion of the manufacturing process Signup and view all the answers

What information must be included in the marking of a firearm frame or receiver?

Serial number, manufacturer's name and address, and model (if any) Signup and view all the answers

What is the purpose of ATF Final Rule 2021R-05?

To consolidate records of manufacture or acquisition and disposition of firearms Signup and view all the answers

How long must a licensee retain their A&D records?

Until the business is discontinued Signup and view all the answers

What is the required print size for the serial number marking on a firearm frame or receiver?

1/16 inch Signup and view all the answers

When must a licensed manufacturer mark a complete National Firearms Act weapon with required markings?

Not later than close of the next business day following the completion of the manufacturing process Signup and view all the answers

Study Notes

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

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Description

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