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Can I clean guns wothout a gunsmith license?

Discussion in 'Gunsmithing' started by dberry, Apr 8, 2012.


  1. dberry

    dberry
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    Joined:
    Jan 9, 2006
    331
    1
    Location:
    indiana
    Heres the deal I do not have a gunsmith license but I was an Army Armament technician when I was in the military. I qualified to do complete rebuilds on every small arm in the army inventory (M9, M11, M4,SAW, mortars, shotguns, chainguns and howitzers). I was approached by the local sheriff who has his department starting to issue ARs and several people in the (very small) town I live in to clean and service their firearms which are all along the lines of what I used to work on in the military. I was only going to field strip, clean and function check. I am NOT modifying, part changing or repairing. Can I legally do this? Need a business license,etc?
    P.S I live in Indiana if that matters.
     

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  2. pgabdo

    pgabdo
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    TxPatrick

    Joined:
    Feb 3, 2010
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    Location:
    Texas!!!
    Ask the Sheriff?? :)
     

  3. rgregoryb

    rgregoryb
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    Sapere aude

    Joined:
    Oct 20, 2004
    8,251
    1,172
    Location:
    Republic of Alabama
    As long as you do not purport yourself to be a "trained gunsmith" and everybody knows your creds (which are exemplary) no problem.

    Business license will be necessary to be paid by a governmental agency
     
    #3 rgregoryb, Apr 8, 2012
    Last edited: Apr 8, 2012
  4. dbyer1

    dbyer1
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    Joined:
    Apr 8, 2012
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    Location:
    Trenton GA
    If the person that owns the gun stays with the gun I would say maybe, if gun stays the night with you, you must have a ffl, and keep a bound book, if you clean at the Sherrif station and they give you a w2 then you are a employee and this would be ok. There is no real grey area as far as ATF goes
     
  5. mikekj

    mikekj
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    Joined:
    Feb 24, 2007
    146
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    Location:
    Atlanta, Ga.
    Not necessarily an employee, but probably a private contractor.

    But a business lic. and insurance is more than likely required by the county. At least it is here in Ga.
     
  6. 4Rules

    4Rules
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    Joined:
    Mar 11, 2012
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    Attorney Mark Barnes discussed this particular issue in ATF Release Two New Manufacturing Definition Related Rulings in his column The Legal Side in Small Arms Review, Vol 12 #07, page 15.

    <http://www.longmountain.com/small-arms-review-by-catagory/>

    <http://www.smallarmsoftheworld.com/articles.index.cfm>

    <http://www.smallarmsoftheworld.com/articles.list.byauthor.cfm?art_author=Mark%20Barnes>

    The Legal Side: ATF Ruling 2010-10... ATF's Evolving Policy on Firearms Manufacturing
    <http://www.smallarmsoftheworld.com/display.article.cfm?idarticles=303>
     
  7. dbyer1

    dbyer1
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    Joined:
    Apr 8, 2012
    62
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    Location:
    Trenton GA
    I am a GA ffl, I do have insurance but no buisness liscence because my county does not require it, but to the poster of the queston I think you will have to get a ffl if the 1099 you, get a lawyer before get in the deep end