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Locks included?

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hangfire1755

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I was wondering if any one knows the legality of offering locks with a rifle or pistol kit? Bill Kennedy did not include the lock in his part sets, some technicality or has the law changed? I always get different answers to the same question. Thanks

Don Yerks
 
Some web sales sites, like EBAY, will not permit the sale of firearms on their sites. However, they do allow the same of gun parts. So, people are selling gun parts in two or three sale postings, to get around the NO GUNS SOLD HERE policies. There are states, like Illinois, where I live, that consider any firearm, replica, antique, whatever, to be just the same as a modern breechloading rifle, and they require that the buyer have an Illinois Firearms Owners Identification Card, and that sellers NOT sell to someone who does not have it. I don't know that there is any case where someone out of state who sells a gun to an Illinois resident has been prosecuted for violating Illinois criminal law, yet, but I know some large suppliers who refuse to ship a firearm to anyone in Illinois unless its a FFL holder. If you drive to their state, you can buy the gun from them there, but they will not ship to Illinois, unless to a FFL holder.

As a lawyer, I can think of a couple of legal arguments against such prosecutions, not the least of which is interfering with Interstate Commerce, which is a matter of exclusive subject matter jurisdiction for the Federal Government, under our Federal Constitution. The other argument is that Illinois has no personal jurisdiction over an out of state seller who is complying with his or its own state laws and Federal laws regulating gun sales. How successful either defense will be would probably depend on who you draw as a Federal District Court and Appellate Circuit Court panel.
 
Since muzzleloaders aren't firearms, I can't see why it matters. Some folks do, and some don't. I know TVM charges Federal Exise Tax on their muzzleloaders, and I'm not really sure why. Some folks require you to provide them a major part such as the barrel or lock in order to avoid charging you this very high tax. I'm thinking if you provide all the parts you become a firearms manufacture. That means you have to charge the 11% tax which is a lot on a $1000.00 gun. Are kits exempt from this tax? I don't know.
 
This question was answered on another board, and as a FFL dealer I concur. Years back there was an 11% excise tax on custom guns, and this included muzzleloaders, and complete kits, as John Bivins found out the hard way. That tax was lifted some years ago for those who make 50 guns or less per year. It seems that Kennedy continued not offering a full kit, just to be sure.
 
From what I've learned so far is if you sell 50 or less kits or finished guns in 1 year that you are exempt from the excise tax. 51 or more there's an 11% tax.
I think thats why some of the larger makers charge a tax or is exempt if kit is minus the barrel or lock and purched from someone else. I'm trying to find out before I make some changes.
 
Thanks, I did post this same question on another forum, an got the same answer as Wick Ellerbe. Thanks to all for trying to clear this up for me.
Don Yerks
 
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