Conversions and the law

[Slowhand Bob]

Some years back, about the time the first conversion cylinder assemblies were appearing I started reading legal opinions on how we needed to proceed without getting into trouble with the feds.  First out were the basic replacement cylinders with plates and I remember being told all was well as long as one never ships the firearm with the conversion but I am now told that is wrong, they can ship together as long as not assembled together?  Which is correct here?

To further muddy the water Kirst came out with the ported style converter rings that required cutting one frame for loading without disassembly.  I was then lead to understand that this was a one time, not to be reversed deal.  Once frame machining was done by the owner (only), one could never trade, sell, gift or bequeath that newly manufactured firearm.  My interpretation was that it must be destroyed after the original owners death!!!!  I have since found open adds for gunsmiths to perform the machining service for a moderate fee and send to you as a 'turn key' deal, have they built a firearm?  I now have occasionally even seen folks offering converted revolvers for sale, has this been reinterpreted to be legal?  Has anyone really dug into these issues and found the newest legal answers?  I wouldn't want to do something unintentionally illegal that the feds could use to Weaver me!  Believe it or not the last couple of gunsmiths I have asked were not sure how this worked, understandable as neither were really cowboy smiths.

[Bull Schmitt]

Many of the BATF regulation are difficult to interpret. However there is some info on this issue that is dated 1-12-09:

http://www.atf.gov/firearms/rules/atf_ruling2009-1.pdf
and
http://www.atf.gov/firearms/rules/atf_ruling2009-2.pdf

Note the words "person who engages in the business of making firearms". 

I'm not a lawyer but I believe the term "in the business" mean engaged in a for profit activity ie a formal business.  Altering a cap & ball revolver by using a cartridge cylinder and cutting the frame to allow loading cartridges without removing the cylinder does consist of manufacturing a revolver. Unless a "gunsmith " also has a manufaturer's license he cannot modify the frame for this conversion because he would be manufacturing a firearm.  The ATF holds that "The term "manufacturer" is defined by 18 U.S.C. 921(a)(10) and 27 CFR 478.11 as any person engaged in the business of manufacturing firearms or ammunition for
purposes of sale or distribution." However, making a firearm for yourself is not engaging in a business. Since you are making the firearm for yourself and not for the purpose of selling it you can sell, trade, or give it away at some later date. You might be required to mark the firearm with your name and address plus a serial number you assign.

http://www.atf.gov/firearms/building_a_firearm.pdf

I believe a revolver altered in this way would have to be shipped the same as any other cartridge firearm.


Again please note that these are just my interpretations of the regulations and any ATF agent may interpret them differently.

YMMV

[High Mesa Drifter]

Interesting.
Just got my Uberti Walker and R&D cylinder yesterday, and was wondering if shooting it with the cylinder installed  could be construed as shooting a gun which had not been submitted to a NICS check? (Here in Northern Virginia, the ranges are chock full of BATF agents and other Federal LEOs).

[Raven]

Just a couple of clarifications.

Let's assume that "Gunsmith" implies a licensed gunsmith. Dealer in Firearms 01 license
A gunsmith can MAKE up to 50 guns per year without paying excise tax. BATF used to require a Manufacturers license for anything over 50
A couple of years ago BATF started telling gunsmiths that if they did bluing or changed barrels they must have the Manufacturers license. Recently they have decided that you do not need the license unless you make more than 50 guns per year.

Long story short a Gunsmith DOES NOT need a manufacturers license to convert a customers revolver.
To be "in the business" you must at least have an 01 Deaker in Firearms License. Someone with out a license is not a "Gunsmith"!
Just because someone has a license doesn't neccessarily mean they are a gunsmith either! (Get references)

When you have a percussion revolver converted it is legal to own and sell. As long as you follow state and federal law.
If you own the percussion revolver before it is converted there is NO NICS check.
If you are in a state like Texas you can sell to a private party with no paper work.
If you are in a state like Calif you will need to do the NICS or what ever system the state has in place.
If you buy a converted revolver from a dealer there will be a NICS check.
If you send your percussion gun to a gunsmith to convert there is No NICS check


There have been several people over the years spreading scare stories about converting percussion revolvers. The BATF know all about conversion revolvers. If they had any problems with the practice, I assure you, you would have heard about our problems with the BATF. Being the largest manufacturer of conversion kits I'm sure we would be the first to here from the BATF.
Raven AKA Jay Strite
Kirst Konverter LLC