AR15.Com Archives
 Would I need a type 01 or type 07 FFL?
thearmschest  [Member]
7/17/2011 11:32:36 PM
I live in NY and am currently getting ready to apply for an FFL. I'm just not 100% clear on which type to apply for. I don't plan on manufacturing any firearm from scratch, but would like to assemble AR15's from existing lowers and also take preban configured weapons and convert to NY legal postban configuration. Would this fall under the type 07? Or is it considered gunsmith and covered by type 01?

Next question is aimed at NY based FFL's. If I go for the type 07 FFL, can I just submit the NY "application for license as gunsmith - dealer in firearms" or would I have to file the NY "Firearms Manufacturer, Certificate of Compliance" ?

Thanks for the help
VarmitSniper  [Team Member]
7/18/2011 7:02:38 AM
Assembling lowers into rifles is manufacturing. Need an 07..
TnMike  [Member]
7/18/2011 1:44:44 PM
Just remember if you get a 07 FFL after I think 10 firearms you start paying excise tax.
Bubbles  [Team Member]
7/18/2011 3:02:32 PM
Originally Posted By TnMike:
Just remember if you get a 07 FFL after I think 10 firearms you start paying excise tax.

It's 50, not 10.
The killer is ITAR.
infantryman  [Member]
7/20/2011 6:10:49 AM
Originally Posted By VarmitSniper:
Assembling lowers into rifles is manufacturing. Need an 07..


for sure?
Scorched1  [Member]
7/20/2011 1:22:16 PM
Originally Posted By infantryman:
Originally Posted By VarmitSniper:
Assembling lowers into rifles is manufacturing. Need an 07..


for sure?


100%
SiVisPacem  [Team Member]
7/20/2011 1:30:24 PM
Originally Posted By Scorched1:
Originally Posted By infantryman:
Originally Posted By VarmitSniper:
Assembling lowers into rifles is manufacturing. Need an 07..


for sure?


100%


Not exactly 100%, more like 99.9%.

If the dealer is buying stripped lower, LPK's, and stocks, and then assembling them to sell, they must be a Type 07 and engrave the lower. They can apply for a variance so that they don't have to engrave.

If the dealer buys stripped lowers, LPK, and stocks and makes them available for sale and assembles them for the customer as a condition of sale, they must be a Type 07.

If the dealer sells someone a lower, LPK, and stock, and the customer who purchases them returns later, asking the dealer to assemble them for him, the dealer must be a Type 07.

If the dealer sells the customer a lower and nothing else, but once the buyer returns with a LPK and stock he purchsed elsewhere, asking the dealer to assemble them for him, it is considered gunsmithing, and any Type 01 may do that.

Stupid, isn't it?
infantryman  [Member]
7/20/2011 10:47:35 PM
Originally Posted By SiVisPacem:
Originally Posted By Scorched1:
Originally Posted By infantryman:
Originally Posted By VarmitSniper:
Assembling lowers into rifles is manufacturing. Need an 07..


for sure?


100%


Not exactly 100%, more like 99.9%.

If the dealer is buying stripped lower, LPK's, and stocks, and then assembling them to sell, they must be a Type 07 and engrave the lower. They can apply for a variance so that they don't have to engrave.

If the dealer buys stripped lowers, LPK, and stocks and makes them available for sale and assembles them for the customer as a condition of sale, they must be a Type 07.

If the dealer sells someone a lower, LPK, and stock, and the customer who purchases them returns later, asking the dealer to assemble them for him, the dealer must be a Type 07.

If the dealer sells the customer a lower and nothing else, but once the buyer returns with a LPK and stock he purchsed elsewhere, asking the dealer to assemble them for him, it is considered gunsmithing, and any Type 01 may do that.

Stupid, isn't it?


jesus fucking christ. for stupid. I just applied for my FFL. I only sent in $200 for a 01. so I will have to pay another $150 for the 07 so I can assemble Ar's??? dumb.

Bubbles  [Team Member]
7/20/2011 11:00:28 PM
Originally Posted By infantryman:
jesus fucking christ. for stupid. I just applied for my FFL. I only sent in $200 for a 01. so I will have to pay another $150 for the 07 so I can assemble Ar's??? dumb.

You can probably get them to cancel that application and start over with the 07.

I would also suggest reading:
http://www.atf.gov/firearms/faq/manufacturers.html#dealer-gunsmithing
to learn the difference between "gunsmithing" and "manufacturing", as defined by the ATF.

BTW, search the archives - there have been multiple threads about this already.
TnMike  [Member]
7/21/2011 9:11:25 AM
I'm not sure of other areas but in my neck of the woods you would need an ass load of money/time to make it in the AR building market.
infantryman  [Member]
7/22/2011 7:56:59 AM
Originally Posted By TnMike:
I'm not sure of other areas but in my neck of the woods you would need an ass load of money/time to make it in the AR building market.


I don't plan on supporting the family on this endevaor. just looking for a good side business... that I enjoy.

infantryman  [Member]
7/22/2011 7:59:26 AM
so if you want to be an AR-15 builder/dealer/gunsmith you have to send in $200 for the 01 AND $150 more for the 07?
Bubbles  [Team Member]
7/22/2011 11:30:48 AM
Originally Posted By infantryman:
so if you want to be an AR-15 builder/dealer/gunsmith you have to send in $200 for the 01 AND $150 more for the 07?

No, you spend $150 every thre years for the 07 (an 07 can manufacture and deal, an 01 can only deal), plus you pay $2250 per year ITAR unless you can get a waiver.