All, some very disturbing information, which will affect all in the shooting sports.
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 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:
http://pmddtc.state.gov/compliance/A...0(Publish).pdf
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.
So, if you own a lathe or milling machine would that be ” Use of any special tooling or equipment upgrading in order to improve the capability of assembled or repaired firearms” What about Brownells magnabit screwdrivers?
If you convert a bolt action rifle that holds 5 rounds to be a single shot, or convert a shotgun to only hold 3 rounds, you are now a manufacturer. (See b.) They don’t state increase round capacity, only change round capacity.
If you make a stock for a custom rifle or make one for that Parker, you are now a manufacturer, make a set of double set triggers, new barrel for a custom single shot…. You are now a manufacturer (See c.)
Buying a pre threaded/ pre chambered barrel for custom installation, as soon as you touch a lathe bit to that barrel to get correct headspace you are a manufacturer (see e. & h)
And god help you if you actually thread and chamber a barrel, you are definitely a manufacturer (see e. f. g. & h)
Do you reload? “ d. The systemized production of
ammunition,” all reloading by definition is systemized (to arrange in or according to a system; reduce to a system; make systematic), guess what reloaders, you are now a manufacturer. There is no distinction between personal or commercial use, and no definition on quantity. So if you produce one round in a systematic manner you are a manufacturer.
If you look at Category I (j)(1) of the United States Munitions List (USML) (22 CFR § 121.1) there is no exemption for sporting arms, or antique arms:
121.1 General. The United States Munitions
List.
1.
(j) The following interpretations explain and amplify the terms used in this category and throughout this subchapter:
(1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a
projectile by the action of an explosive or which may be readily converted to do so.
Think about this for a minute:
You or your gunsmith now has to apply for a 07 Manufacturing License from the ATF, and all the reporting requirements associated with that license.
In addition they now must register with the Department of State, Directorate of Defense Trade Controls (DDTC), pay a $2200 annual fee and a whole new set of reporting requirements.
So, to fit a new barrel, stock, cylinder trigger etc., or to blueprint your action your gunsmith must register with ITAR and do all the above.
That’s’ a lot to ask of your gunsmith.
For reloaders: “d. The systemized production of ammunition, including the automated loading or reloading of ammunition.”
Now, there are NO stipulations stating reloading for personal use is ok, NO stipulations on round count. Bottom line is if you currently reload with a progressive press you are probably in violation of the ITAR as currently written. Are you ready to go get your 07 manufacturing license and pay $2200?
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All
Regarding my earlier post; the DOS intent is to redefine gunsmith/manufacturer and to redefine firearm. Historically the rebarreling of firearms (cutting threads, rechambering, recrowning etc.) has been considered a traditional gunsmithing activity. Blueprinting an action has always been a gunsmithing activity.
If you read the 22 July 16 letter, you will see a common theme: things that enhance capability. So, improving the current firearm.
Traditionally gunsmiths have been the go to folks to enhance your firearms capability whether it be putting a Shilen or Heart barrel on your favorite deer rifle, making the action smoother/more reliable, recrowning the muzzle, or correcting headspace. The DOS has now redefined these activities as 'manufacturing'. Meaning that your gunsmith who has a 01 license, must now apply for and obtain a 07 manufacturing license from the ATF, then register with DDTC as a manufacturer, pay $2400 annually and deal with all the administrative BS from DOS as well as ATF.
Want a custom myrtle wood stock for you Winchester model 70? Guess what, your gunsmith now needs to be registered with ITAR.
Additionally, if you read the US Munitions list, you will see that the only exceptions are sporting shotguns with barrels greater than 18 inches and muzzle loading black power rifles. Ever since the GCA of 1968 firearms manufactured prior to 1898 had been considered non-firearms and exempt from the GCA of 1968. The DOS make no mention of exempting Antique firearms.
I’ve talked to a few gunsmiths, and they are seriously weighing their options as to comply or shut the lights off.
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