Weapons Crimes in Federal Court

A person who buys and sells weapons (operable firearms) is subject to obtaining a license as a federal firearms dealer if he/she is engaged in the business of selling firearms. Title 18 U.S. Code §921 contains various definitions of engaging the business of selling / being a dealer, engaging in the business of manufacturing, and exceptions to being engaged in such a business.
Often, persons who casually make sales, or sell from their collections, become subject to licensing and federal criminal prosecution if they sell weapons, or “manufacture” weapons. “Manufacture” can include simply assembling legal weapons parts, which results in a completed weapon that an operable firearm. The “gray area” is, or can be, where a person assembles parts (including receivers, uppers, etc.) into a completed weapon, but only does this on a limited basis. Another area that is questionable as to whether the person is “manufacturing” weapons without a license, is when he/she is paid a fee to assemble the parts into a weapon but then returns the completed weapon to the person who paid for the assembly, rather than keeping the completed weapon to sell it himself/herself. Continue reading “Weapons Crimes in Federal Court”