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Sport Rescue

Is It Legal????

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I've searched my state laws and other forums but, cannot find the answer. Is it legal for me to work on, convert, clean, polish, anything that may be required, on other peoples firearms? I am legal to posses and carry in the State`of Texas. I'm not doing this as a business, just a hobby that I may be paid for. Hopefully someone here knows...Thanks

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Simple answer yes, as long as it is in your own State.... I don't know about across State lines...

 

I would wait for others to answer...

Edited by 308saiga

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if it's a friend then I don't see a problem if you went over to their house, or if he came to your house and he was there all the time while you worked on it, but I wouldn't quote prices to him, let him initiate. I certainly wouldn't keep the gun over night or for days.

 

now if it's just parts like a polishing a bolt carrier, working on just stocks anything that isn't a firearm, ie. a barreled receiver, then it really isn't gun-smithing without a FFL, parts are not firearms

 

but, if you are advertising the fact, be in vocal or on the net etc.. that you are open to work on people's guns for a fee, then you are conducting a business, gun-smithing without a FFL, even if you don't think you are doing business, ATF take a dim view of that. I certainly wouldn't do it, doing it for a friend is one thing, but opening yourself up to total strangers that just opens you up for fall, ie gun-smithing without a license.

 

oh and BTW, having a CCW license means nothing in a situation like this

Edited by Matthew Hopkins

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In my opinion, you should be fine. Receiving money for services rendered does not necessarily constitute you being in the business of it... In things like that, I try to apply the 'reasonable person' theory. Could a reasonable person be convinced in a court of law what you are doing is in the context of being in the business of gunsmithing? Are you advertising or soliciting your services to people? Are you making a significant amount of money doing these projects? Is this combined with you acquiring more equipment and space than would be normally used in the context of personal use? I think these are the kinds of things that would be used as evidence to indict someone on charges of gumsmithing without a appropriate license... and this is only my non-professional, non-legal-advise-giving opinion.

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I would be more concerned about liability. The liability of inadvertently doing damage to a "friend's" firearm, and the liability of them getting personally damaged after using a gun that you worked on.

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I would be more concerned about liability. The liability of inadvertently doing damage to a "friend's" firearm, and the liability of them getting personally damaged after using a gun that you worked on.

Believe me I thought about that. Little history, I work two jobs. Boat builder by trade, own and operate a race boat rescue service. Working on my own guns is just a little hobby. Well, friends, family members, etc... have seen my work and what I am capable of doing. Family is a no brainer. Friends,have been recommending me to others. Now, I have not committed doing anything with anyone's firearms. I just have been asked quite a bit and have turned them all down due to not knowing about gunsmith, or anything resembling working on "un owned" firearms. Lets face it, we all could use a little extra cash. So, I was pondering the idea of, mainly conversions,profiling & polishing in the evenings when I get home.Just want to be sure and not break any laws in doing so.

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