May an individual operate a mobile privately made firearm (PMF) marking services business that travels to other federal firearms licensees (FFLs) to mark PMFs received by other FFLs?

Final rule 2021R-05F amends the definition of the term “gunsmith” in 27 CFR 478.11 to include a person who places marks of identification on privately made firearms, as a regular course of trade or business with the principal objective of livelihood and profit.

The GCA provides no allowance for a mobile FFL business, and each location set forth on the issued ATF license must be where the intended activity will take place (with limited exceptions, such as conducting business at a qualifying gun show or event). A licensed gunsmith may not, therefore, travel to an individual customer’s location, even if that customer is another FFL, for the purpose of placing marks of identification on privately made firearms without violating the GCA and its implementing regulations.

Last Reviewed July 22, 2022