Stupid ATF Question

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As I see it, if you're doing it as a business for profit, they are going to want things recorded so that they can get a chunk of any taxes if you make a profit.

ALSO, correct me if I'm wrong, but doesn't a licensee/gunsmith have to make a record in a book any gun they work on? If so, I see it as another way of registration. If a gun was previously bought from an individual and no 4473 was filled out and then the new owner takes it to a gun smith. It gets recorded with the new owners name.
 

mightymouse

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ALSO, correct me if I'm wrong, but doesn't a licensee/gunsmith have to make a record in a book any gun they work on? If so, I see it as another way of registration. If a gun was previously bought from an individual and no 4473 was filled out and then the new owner takes it to a gun smith. It gets recorded with the new owners name.

If a gun is left overnight with a gunsmith, then, yes, it must be recorded in his book. If dropped off and picked up during the same business day, then no.
 
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I got sidetracked earlier and had to come back. I don't see where they could consider cerakoting a firearm as a new firearm if all that was changed was the finish.

Talking to BATFE is like talking to the IRS. You can ask the same question word for word to ten different agents and get ten different answers.

I was talking to an agent about SBR's and I mentioned carrying my own personally owned and registered SBR as a duty rifle. He told me that if I ever carried that rifle on duty that it would become property of the department.

I didn't tell him so, but I call BS.
 

tRidiot

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The above specifically says "refinishing". It's pretty cut and dry. However, they do specify "as a business". That's our only out. But damn... that is crazy.
 

mightymouse

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I don't see where they could consider cerakoting a firearm as a new firearm if all that was changed was the finish.

I don't know either, but I was at the same ATF seminar as the OP was referring to (if it was in the spring of this year on the campus of UCO in Edmond), and I heard the same thing he reported. I was not listening closely, because this is not something we do at our shop, but the hue and cry against the ATF'S position on this issue was long and loud, and, ultimately, futile. Any number of people from the audience (FFL holders all) tried to argue against it to no avail. One of the people there was from ATF headquarters and he ultimately had to shut the discussion down, as the seminar was running over its allotted time, mostly because of the amount of opposition voiced against the ATF's position on this issue. The ATF people never wavered from their viewpoint one bit.
 

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