Oh Well

[DR4NRA]

Cant believe there is nothing on here about this. Figures.

https://www.nraila.org/articles/20160727/just-in-time-for-his-party-s-convention-obama-administration-releases-latest-executive-gun-control

On Friday, July 22, just as members of his party were gathering in Philadelphia to coronate Hillary Clinton as their presidential nominee, the Obama Administration once again released a sweeping gun control measure by executive fiat. This time the bad news came via the U.S. State Department’s Directorate of Defense Trade Controls (DDTC), which is primarily responsible for administering the Arms Export Control Act (AECA) and its implementing rules, the International Traffic in Arms Regulations (ITAR). The upshot is that DDTC is labeling commercial gunsmiths as “manufacturers” for performing relatively simple work such as threading a barrel or fabricating a small custom part for an older firearm. Under the AECA, “manufacturers” are required to register with DDTC at significant expense or risk onerous criminal penalties.

[Mali]

Thank you for posting the information, and here is a link to the actual notice that we can read for ourselves: http://pmddtc.state.gov/compliance/Applicability%20of%20the%20ITAR%20Registration%20Requirement%20to%20Firearms%20Manufacturers%20(Publish).pdf

The contents that seem to be most important:

1. Registration not Required – Not Manufacturing: In response to questions from persons
engaged in the business of gunsmithing, DDTC has found in specific cases that ITAR
registration is not required because the following activities do not meet the ordinary,
contemporary, common meaning of “manufacturing” that DDTC employs in implementing
the ITAR and, therefore, do not constitute “manufacturing” for ITAR purposes:
a) Occasional assembly of firearm parts and kits that do not require cutting, drilling, or
machining;
b) Firearm repairs involving one-for-one drop-in replacement parts that do not require
any cutting, drilling, or machining for installation;
c) Repairs involving replacement parts that do not improve the accuracy, caliber, or
other aspects of firearm operation;
d) Hydrographic paint or Cerakote application or bluing treatments for a firearm;
e) Attachment of accessories to a completed firearm without drilling, cutting, or
machining—such as attaching a scope, sling, or light to existing mounts or hooks, or
attaching a flash suppressor, sound suppressor, muzzle brake, or similar item to a prethreaded
muzzle;
f) Cosmetic additions and alterations (including engraving) that do not improve the
accuracy, caliber, or other aspects of firearm operation beyond its original
capabilities;
g) Machining new dovetails or drilling and tapping new holes for the installation of
sights which do not improve the accuracy or operation of the firearm beyond its
original capabilities; and
h) Manual loading or reloading of ammunition of .50 caliber or smaller.
Activities limited to the domestic sale or resale of firearms, the occasional assembly of
firearms without drilling, cutting, or machining, and/or specific gunsmithing activities
that do not improve the accuracy, caliber, or operations of the firearm beyond its original
capabilities (as described above) are not manufacturing within the context of the ITAR.
If you are not manufacturing, exporting, temporarily importing or brokering defense
articles or services, you are not required to register with DDTC.

2. Registration Required – Manufacturing: In response to questions from persons engaged
in the business of gunsmithing, DDTC has found in specific cases that ITAR registration is
required because the following activities meet the ordinary, contemporary, common
meaning of “manufacturing” and, therefore, constitute “manufacturing” for ITAR purposes:
a) Use of any special tooling or equipment upgrading in order to improve the capability
of assembled or repaired firearms;
b) Modifications to a firearm that change round capacity;
c) The production of firearm parts (including, but not limited to, barrels, stocks,
cylinders, breech mechanisms, triggers, silencers, or suppressors);
d) The systemized production of ammunition, including the automated loading or
reloading of ammunition;
e) The machining or cutting of firearms, e.g., threading of muzzles or muzzle brake
installation requiring machining, that results in an enhanced capability;
f) Rechambering firearms through machining, cutting, or drilling;
g) Chambering, cutting, or threading barrel blanks; and
h) Blueprinting firearms by machining the barrel.

3. Registration Required – Other than Manufacturing:
a) Assisting foreign persons in the design, development, and repair of firearms may
constitute the export of a defense service (see 22 CFR § 120.9) and require ITAR
registration with and authorization from DDTC; and
b) Exporting a firearm or any other item on the USML requires ITAR registration with
and authorization from DDTC.

2D concerns me as this seems to indicate that just the act of reloading ammo may require an FFL depending on the meaning of "systemized". The rest concerns me as well, but particularly this phrase since I am not planning on anything else in the list. It is amazing how they can just make changes like this without any challenge or issue.

[RobertH]

so... get all reloaders registered as FFLs.  great way to form/supplement a national database.

i assume the ammo reloading FFL is different than a gun selling FFL?

[m0par]

Correct me if I'm wrong, but doesn't this new "guidance" only impact those "in the business"?

IOW, it still stinks to high heaven, but doesn't affect reloaders or even machinists who are working on their own stuff. No?

ETA: the regs also state that "engaging in such a business requires only one occasion of manufacturing".

(Threading a barrel = manufacturing? What imbecile came up with that?)

[depserv]

The Obama ATF tried to outlaw 5.56 mm green tip ammo and was stopped by loyal Americans.  What can loyal Americans do to reverse this power grab?  Contact our senators and congressman I suppose?

Since moving to the Omaha area my congressman is now a traitor by the name of Brad Ashford, so it won't do me any good to contact him I suppose.  But I will contact my senators.  And hopefully things like this will wake the citizens of Omaha up so they won't reelect the traitor they elected last time.     

[ILoveCats]

Is this meant to target the at-home finishing of 80% lowers???   Just wondering.

[m0par]

And check out this doozie that someone on another forum pointed out:

3. Registration Required – Other than Manufacturing:
a) Assisting foreign persons in the design, development, and repair of firearms may
constitute the export of a defense service (see 22 CFR § 120.9) and require ITAR
registration with and authorization from DDTC;

$1,000,000 + 20years + civil penalties for telling a Brit what size threads are used on the scope mount of a Savage 93? Would all US forums would have to deny access to all international users to CYA then? What about proxy users or someone stateside who is a foreign national? Illegal aliens?

Absurd? Would the gov't take it that far? Certainly many of them would like to.

[m morton]

The Obama ATF tried to outlaw 5.56 mm green tip ammo and was stopped by loyal Americans.  What can loyal Americans do to reverse this power grab?  Contact our senators and congressman I suppose?

Since moving to the Omaha area my congressman is now a traitor by the name of Brad Ashford, so it won't do me any good to contact him I suppose.  But I will contact my senators.  And hopefully things like this will wake the citizens of Omaha up so they won't reelect the traitor they elected last time.     

what do you think will happen if Hillary gets elected ?? she will fill the open posts with anti gunners to the supreme court and with 2 or 3 more approaching retirement she may fill as many as 4-5

Ginsburg is 83, Kennedy is 80, and Breyer will be 78 in mid August.

This means that aside from filling  Clarence Thomas, Antonin Scalia (deceased) seats the new President likely will make 3 additional nominations

can you see your nightmares coming alive now

[shooter]

 This isn't about getting a FFL. this is about registering with the DDTC. from what ive read this is a $2500 a year deal. with lots of paperwork and lawyers involved.

[depserv]

what do you think will happen if Hillary gets elected ?? she will fill the open posts with anti gunners to the supreme court and with 2 or 3 more approaching retirement she may fill as many as 4-5

Ginsburg is 83, Kennedy is 80, and Breyer will be 78 in mid August.

This means that aside from filling  Clarence Thomas, Antonin Scalia (deceased) seats the new President likely will make 3 additional nominations

can you see your nightmares coming alive now

If Hillary wins the coming election, America will fall.  She will hammer the last nails in the coffin Obama laid America in.

[Mali]

Is this meant to target the at-home finishing of 80% lowers???   Just wondering.

I thought of that this morning.  Finishing your own lower would qualify as manufacturing according to this change. So they can't outlaw the 80% lowers, but they can instead cost you too much to be able to afford to be legal.

[GreyGeek]

... they can instead cost you too much to be able to afford to be legal.

And that is the WHOLE point of this executive order.   Since they can not, yet, repeal the 2A they can make it too expensive to exercise.  EVERY person who signed off on this EO has lied under oath and are NEITHER protectors nor defenders of the Constitution.  They are enemies of it and should be impeached, tried and jailed for treason and lying under oath of office.

[Hardwood83]

If Hillary wins the coming election, America will fall.  She will hammer the last nails in the coffin Obama laid America in.

I don't disagree with you- but I believe that no matter who wins the POTUS, America's trajectory is dire.
Along the same lines, as much as I detest Obongo (see my avatar) the rot predates him.   

[DR4NRA]

This has been reported and confirmed on another forum. The owner of ITD custom guns of Ohio is no longer accepting any new work due to new ITAR regs. This was not a small shop folks. Guess this is what it was meant to do.
http://itdcustomgun.com/

[Les]

This isn't about getting a FFL. this is about registering with the DDTC. from what ive read this is a $2500 a year deal. with lots of paperwork and lawyers involved.

Wow, sounds like my Contractors insurance policy.

[Lmbass14]

Got this in a email, the guy is not a lawyer, but is the owner of the Gunsmith institute, and here is his interpretation of the EO:

http://www.gunsandgunsmiths.com/?p=4957

This has caused a great deal of unnecessary concern and distress in the firearm community.

But DON’T Panic! When you read the actual document you will realize:

These rules Do Not apply to Hobby Gunsmiths (as they are not engaged in the “Business” of Gunsmithing)
Most Gunsmiths DO NOT have to Register, as long as you are not offering & perform specific tasks that are now classified as “Manufacturing” by DDTC.
There is an Opportunity for the Gunsmiths that do perform the services that require Registration to make more money. Keep reading to find out how.
In an attempt to clarify and illuminate the actual impact of this new “Guidance”, I have provided extracts of the “policy guidance” in quotes below. Bold and underlined emphasis is mine.

(As usual with any government agency, not everything is Crystal Clear and some areas are open to interpretation. I am only providing my opinion of what I think it says. However I am not an attorney, so this is just my opinion. If you need a legal interpretation please contact a qualified attorney).

So First The Good News: It is pretty clear that this Does Not apply to Hobby Gunsmiths that are doing their own work, as they are not;

“ engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with the Directorate of Defense Trade Controls under §122.2. “