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Thread: Giving homemade guns as gifts

  1. #11
    hotbarrel's Avatar
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    Rember this part is only my oppinion
    only oppinion

  2. #12
    GuncoHolic yosuthnmasa's Avatar
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    So, theoretically, it would be ok to order a few registered receivers, add parts kits and resell. Not on a huge basis,though.

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    Gunco Regular fal_shooter's Avatar
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    It is my understanding that it would be legal as long as you did not build them with the "intention" of selling them. If you buy a legal receiver and build a few guns then need money for a new project you could sell what you bought to pay for the new project. It's your hobby to build guns and you sell a few to pay for your next build. You are not in the business of selling guns.
    Patrick Henry, that patriot and Founding Father of our country said, "It cannot be emphasized too strongly or too often that this great nation was founded not by religionists but by Christians, not on religions but on the Gospel of Jesus Christ".

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    Gunco Member tac-40's Avatar
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    I got this from my friend who is a Class 3 dealer and manufacturer. He said any receiver sold as a plain receiver "only" has not had the Federal Excise Tax paid on it. Even though the ATF considers it a gun, it is not "assembled" and therefore not liable for the tax. Once we build or assemble the rest of the parts on a receiver, then it becomes liable for the tax when it is sold. The ATF has determined that yes you can sell the assembled gun without paying the tax as long as it was NOT assembled for the purposes of sale. They don't have any specific number that limits how many you can build and sell before you are considered a manufacturer and liable for the tax. It is left up to the ATF.

    This is only for the receivers purchased through an FFL, and not for the home built/bent non-gun ones.

  5. #15
    GuncoHolic yosuthnmasa's Avatar
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    Quote Originally Posted by tac-40
    I got this from my friend who is a Class 3 dealer and manufacturer. He said any receiver sold as a plain receiver "only" has not had the Federal Excise Tax paid on it. Even though the ATF considers it a gun, it is not "assembled" and therefore not liable for the tax. Once we build or assemble the rest of the parts on a receiver, then it becomes liable for the tax when it is sold. The ATF has determined that yes you can sell the assembled gun without paying the tax as long as it was NOT assembled for the purposes of sale. They don't have any specific number that limits how many you can build and sell before you are considered a manufacturer and liable for the tax. It is left up to the ATF.

    This is only for the receivers purchased through an FFL, and not for the home built/bent non-gun ones.

    Tac,

    Thanks for the info. This is precisely what I was trying to find out. It is funny to see so many guys, atleast around here, who will buy a receiver and piece it together with parts from all over the place. Guess if there not in the business for resale, although I see them sell them all the time, they are ok.

  6. #16
    GuncoHolic yosuthnmasa's Avatar
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    Quote Originally Posted by hotbarrel
    I can only tell you about the kit you put togeather on a reciever that ALLREADY has a ser. number on it and came to you through a FFL.. YES you can sell it . HOWEVER you can not build it with the intent of selling it, or sell more than a "reasonable" amount of guns. SO I would not build one and sell it the next week, and I would not build a half dozzen and sell them off in the same year. just my interpretation. ALSO I would ALLWAYS sell through an FFL to cover your butt. keep the name of the buyer and a record of the compliance parts includeing any proof of them beeing U.S. parts [even photos] again just to cover your butt.

    So if you build on, say a vulcan this week and need some cash for christmass their is no harm selling it in december ,

    You do not want them to say you manufactor guns for sale.

    my best advise is to build for fun and for your own collection

    I believe I see this happen very often with parts kits built on MAK-90 receivers.

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