doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Restocker who doesn't have FFL; is this legal?

I see here a man who does restocking and rechequering and I am thinking to send my gun to him for work,but he does'nt have a FFL to work as a gunsmith. I know that is ok sofar as working on stocks with no receiver shipped. But when the gun receiver is shipped,as when restocking is done ,my fellows tell me that is quite illegal for me and for the stock man because he is doing it for profit and is in a business even tho small. Can the experts on this sight comment with facts not opinions. Thanxs a bunch.Nitro

My understanding is that it has nothing to do with whether he's doing it for profit or fun. It has to do with you shipping a gun to a non-licensed person. I used to have a manufacturer's FFL and now have a C&R FFL.

The laws governing this were put in place, not to prevent someone from making a stock for you, but to prevent a person from recieving a firearm that is not entitled to recieve it. Gunsmiths are required to obtain a FFL to conduct their trade regardless of whether they charge for their service or do it for free.

Can a stock be worked on by a non-FFL guy if you eliminate the shipping part of the equation and deal in person? I can sell a gun from private individual to private individual with out legal trouble. Why can't my Brother-in-law "Otis" make me a new stock for my Stevens 311? I could see the requirement of FFL for someone doing this as a business (one that pays taxes on the income), but the woodworking hobbyist... seems like they should get a pass if dealing in person. That's probably not the way it works in real life.....

I don't think he is required to have a FFL to work on a stock or even a firearm for that matter. If he has a business than the business license would be in order per state and local laws.

Shipping is another matter. If he receives a firarms via a commercial shipper or USPS he should have a FFL. The laws are clear on this. Big brother is watching and the penalty can be servere. Why take a chance on a stay in the big house?

Jim

The FFL is required for him to keep your gun overnight, per Mike Orlen. What he's doing to it is not important.

In addition to this any gun left overnight with a FFL holder must be logged into their records.
Jim

Are we talking interstate? Intrastate-No you cannot ship him the gun if he does not have a FFL but in the same state you may be able to.
If the guy/stockmaker is in the same state as you are and,depending on the state laws,is not a felon,drug addict,liberal (ok I added that)over 21....,you may well be able to allow him to work on your gun stock with the reciever attached.Same as if you sold it.
My concern would be why he does not have a FFL if he is in the stockrepair business,is there legal reason?

A somewhat related question--how do you KNOW the gunsmith you are sending to has an FFL? Let's say I ship a gun to Turnbull for work...I assume he has one, but I don't really know that, do I? Or more likely, what about someone a bit lower profile? I'd be interested to hear how you guys check this and how you ship to smiths...some of the smiths I've sent guns to seem awfully nonchalant about it compared to shipping a gun to a shop for a transfer.

I do not ship one without a signed copy of his FFL. You can sell one instate without the FFL, but he does have to have an FFL to legally work on your stock if he has the receiver. It doesn't matter if he is you bro-in-law or whatever.
Butch

David,

you can look up 01 FFL's here;
https://www.atfonline.gov/fflezcheck/

Butch, there is NO legal requirement that a signed copy is the only way to ship a gun interstate,they can fax it or they just have to have one.That said it is a good way to do it if the recipent agrees.

I would like to see the BATF rule that says a FFL is required to work on a stock with a reciever attached,especailly the part about a brother in law !