Hey everyone,
I’ve been working hard behind the scenes with the help of many to clear up much of the concerns that have been raised about working on firearms around DMS. This all came to a head with the AR15 Build Class as a member received a legally questionable opinion from an ATF Agent about the class. The plus of this confusion is we made a relationship with our local ATF investigator and she managed to get us an official opinion from the legal arm of the ATF in DC.
Before I get into the emails, I must make this clear. [color=red]We do not allow the manufacture of firearms at DMS or with DMS tools. Manufacturing would be producing or finishing production of the part of a firearm that the ATF classifies as the gun. This tends to be the part that carries the serial number.[/color] Hatcher’s is only concerned with firearms assembly, modification, and reloading.
My formal communication with the Agent Manoy ATF Industry Operations Investigator which was submitted to the ATF legal branch for review:
Hi,
This is Nick Sainz, we spoke on the phone early. I really appreciate you taking the time to answer my questions.
Question about the AR15 Build Class.
I’m wanting to offer a Class at the Dallas Makerspace for free and open to the public and members of Dallas Makerspace, where I allow other to bring in their AR15 and I instruct them on how to assemble it. I am not selling any of the parts nor will I be assembling their AR15. I will assemble my own personal AR15 and allowing them to follow along and assemble their AR15. I had a member of our group say that the ATF would considered this class manufacturing the Firearm and I would need a license to manufacture in order to teach the class or allow it on property of DMS. My Understanding of the AR15 platform is that the lower receiver is considered the gun. So in order to purchase it you have to go through a FFL. While all the other parts can be purchased openly without any additional steps needed. So in respect to manufacturing, the “Gun” has already been manufactured and serialized by the original manufacturer and been transferred to the owners possession legally through an FFL. My instruction would be solely on the assembly of the parts after that. I and DMS are also not selling any of the parts, especially not the Lower receiver nor are we charging for the class or working on attendee’s gun. All work will be done by the owner of the firearm on their personal firearm. The class would be held at our facility in a lecture hall with tables, chairs and a projector. I was going to bring some simple hand tools and would allow others in the room to borrow them if that is acceptable. If not, I’m fine requiring all participants to bring their own tools. These tools are screw driver, pliers, a punch, and mallet. I use a vise as well, but that isn’t necessary just makes things easier.
I’m mainly concerned at the line between manufacture and assembly, especially in the case that we do not buy or sell any parts or guns and allow the participants to assemble or disassemble their own firearm purchased through a licensed FFL.
To give some more background on Dallas Makerspace. Dallas Makerspace is a 501c3 Educational non-profit organization. We offer classes and access to classroom facilities and tools. We have been serving the Dallas area for 6 years and host a wide variety of classes from arts like painting, fine wood working, electronics, ceramics, machining, automotive, digital arts and many more. I would call us a Adult Education Playground. We are one of the most successful Makerspaces in the United States and are a 100% volunteer organization serving the community.
Thanks for your help,
Nick Sainz
Response from Agent Manoy ATF:
Good afternoon Mr. Sainz,
Please accept this email as a response to your question about the AR15 Build Class.
Among the criteria needed to qualify for a Federal firearms license, you must be engaged in the business. Part of the ATF’s definition for engaged in the business is “for the principal objective of livelihood and profit”. As noted in your proposed operations, you stated that your organization, DMS, is a nonprofit. You stated that there will not be a fee charged for the AR build classes. You stated that neither you or DMS are selling any of the parts. You further stated that the participants will bring to the classes their own receiver, barrel, stock, and other parts necessary to build their AR. You stated that you may supply/loan basic tools to the participants for use in the building process. You also stated that “all work will be done by the owner of the firearm on their personal firearm.” Under these conditions, it has been determined that a Federal firearms license (Type 07 Manufacturer or Type 01 Dealer) is not required.
However, should you or DMS participate in the making or fitting special barrels, stocks or trigger mechanisms of firearms on customer-owned marked receivers for a fee or some profit (selling parts), then a Type 01 license would be required. Should you or DMS assembly complete firearms for resell, then a Type 07 license would be required.
I hope this response satisfies you inquiry. If you have additional questions, please feel free to contact me.
Anita L. Manoy
ATF Industry Operations Investigator
Dallas V Area Office
So we are in the good here and to the best of my knowledge this official response has been independently collaborated by another member. I will note that this response doesn’t allow manufacture of firearms or finishing of 80% lower. Manufacturing would require us to have a 07 manufacturing license to allow it at the DMS. There is not enough support within the group to get a 07 license so we will not be working towards that in Hatcher’s unless overwhelming supports comes for it.
Thanks and I hope you find the response informative. We are working in Hatcher’s to add this to the Wiki and build signage to keep the space informed.
Nick