I wonder how the Justices would view this AFT page.
Privately made firearms (PMFs) are firearms (including a frame or receiver) that have been completed, assembled or otherwise produced by a person other than a licensed manufacturer. PMFs are also made without a serial number placed by a licensed manufacturer at the time the firearm was produced...
www.atf.gov
- Individuals who make their own firearms may use a 3D printing process or any other process, as long as the firearm is “detectable” as defined in the Gun Control Act. You do not have to add a serial number or register the PMF if you are not engaged in the business of making firearms for livelihood or profit.
If someone is assembling ghost guns and selling them, wouldn't that fall under dealing in firearms without a license?
But then ATF / Congress have not really defined what constitutes being a dealer.
They tried, but that is being litigated now also.
On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities...
www.atf.gov
In
Texas et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al., 2:24-cv-00089-Z (N.D. Tex.), on May 19, 2024, the U.S. District Court for the Northern District of Texas issued a Preliminary Injunction, which restrains ATF, the U.S. Department of Justice, Attorney General Merrick Garland, and ATF Director Steven M. Dettelbach “from enforcing the regulations — ‘Definition of ‘Engaged in the Business’ as a Dealer in Firearms’ — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against Plaintiffs Texas, Louisiana, Mississippi, Utah, Jeffery Tormey, the Gun Owners of America, Inc., the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League, pending the resolution of this lawsuit. DOJ and ATF are complying with that order, which is available online.
View the document.