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Discussion Starter #1
sorry to ask but I have to, I know it has been covered before but I realy would like a quick short answer. when the replys get 3 pages long I get overwhelmed. so here is the question. Can I sell a gun if I put it togeather from a flat that I bent. my consern is no serial number and transfering.
sorry I know I am asking a lot, but I am hopeing for the facts short and sweet.
thanks hotbarrel
 

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I was told by several people, that as long as you did not build the weapon with the intent to sell it, thus making you a manufacturer of weapons, YES. But I don't think you can do this very many times, without it starting to look like the intent to sell is there. Be careful. I have also thought of the complications that could arise, should such weapon malfuction and cause bodily injury, thus opening you up to all kinds of legal problems. ak'sr4me
 

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If you read what the BATF says....NO

Many people try to bend what the rules are concerning this matter but if you just read the information and don't add anything to it you can't do anything with that receiver. It's made by you for you, period.

10 years in jail/$10,000 fine or both isn't worth dicking around with. Barracks lawyers will tell you anything but it's your ass that will swing. Don't take any chances, it's just not worth it.
 

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This is how TAPCO answers the question. Now, do I trust TAPCO's opinion? Yes, (at least for now) I have no doubt that they have had their lawyers look into this matter. They also have a financial stake in the matter as they sell the product. I am going to reserch the matter today and see what I can find. Jack

From the TAPCO web site:
Please note that an Individual can make their own firearm in the United States as long as they do not sell or distribute it. This is addressed on the BATF web site http://www.atf.gov/firearms/faq/index.htm Once the simple bending is done, you may have a defined firearm and all local, state and federal laws will apply. Please verify your local and state laws before making the bends.
 

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Discussion Starter #6
well I do not see me building many with home flats, that is shure. I can buy a vulcan for about 20 bucks more, it seems worth it to me if I want to sett one some day, or if I sell the colection all at once when I am too old.
 

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When you use a pre made 100% receiver through a FFL are you then allowed to sell the firearm? Still seems like it would still fall under the same set of rules as the homemade. ak'sr4me
 

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Discussion Starter #8
the reciever is the firearm. all you have to worry about is manufactoring with the intent of selling.
 

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ak'sr4me...

If you buy the receiver through a FFL, it's like buying a gun. You can sell/trade/give it to anyone who may own it.
 

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You can basically do whatever you want. If you were to build a 80% into a 100% working reciver/gun then sell it to someone you can just have him or her say that he or she built it, right? there are many loopholes in the 80% laws right now-but be smart or else we'll start seeing 80%'s on the news and "how easy it is to build your own ''machine gun''." Then this website will be shut down and we could kiss even more rights goodbye. I definatly dont want that and I'm sure you guys dont either.
 

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This is copied from the BATF website,

(A7) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]

With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms.
However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from
imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machinegun will not be
approved unless documentation is submitted showing that the firearm is being made for a federal or state agency. [18 U. S. C. 922( o), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105]

Get a dictionary and look up the definition of the following 3 words,
NOT
FOR
SALE
With the above 3 words in a sentence there are no if's,and's, or but's you can never sell it.
 

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Discussion Starter #12
thank you!!!!
that seems prety clear to me!!! and I am somewhat slow.
 

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You need to give Uncle Sam his pound of flesh -- Pay the tax. Then You can sell it. However you would probably then be considered a manufacturer ,and have to pay a hell of a lot of more taxes and fees. Keep it. There are to many orphans in the world already. :)
 

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If you are making a firearm without the intent of making it to sell it , you are okay.

If you ARE making a firearm with the intent of selling it you are "in the business" of making firearms. If you do this without a license you are commiting a crime.

Now , if you make a firearm (without the intention of building it to sell) and you later decide to sell it , it would be legal to do so.

You know what your intent is. Don't do anything illegal.

Making for yourself = okay

Making to sell = illegal
 

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Triangle 66 said:
If you are making a firearm without the intent of making it to sell it , you are okay.

If you ARE making a firearm with the intent of selling it you are "in the business" of making firearms. If you do this without a license you are commiting a crime.

Now , if you make a firearm (without the intention of building it to sell) and you later decide to sell it , it would be legal to do so.

You know what your intent is. Don't do anything illegal.

Making for yourself = okay

Making to sell = illegal

Sorry to say but I disagree. I believe to many people work the BATF words to their liking but the words won't stand up in court. I would hate to have to defend myself using Triangle 66's definition against a Federal Prosecutor. I think I would be seeing 10 years in jail and or a $10,000 fine. Were not just talking about what color to make your AK, were taking about "JAIL TIME". Just my .02
 

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Yeah, I believe it would be illegal to sell. However, if you were needing money or whatever, you could always reduce it back to a parts kit with about ten minutes work on a saw and Viola' no more firearm, just a pile of parts.
Yeah, yeah, I know, but the reciever is just a chunk of bent sheet steel, right?
 

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cammobunker said:
Yeah, I believe it would be illegal to sell. However, if you were needing money or whatever, you could always reduce it back to a parts kit with about ten minutes work on a saw and Viola' no more firearm, just a pile of parts.
Yeah, yeah, I know, but the reciever is just a chunk of bent sheet steel, right?

I agree...
 

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cammobunker said:
Yeah, I believe it would be illegal to sell. However, if you were needing money or whatever, you could always reduce it back to a parts kit with about ten minutes work on a saw and Viola' no more firearm, just a pile of parts.
Yeah, yeah, I know, but the reciever is just a chunk of bent sheet steel, right?
I have to disagree with the receiver being a bunch of sheet metal. Once that chunk of sheet steel is completed past the 80% stage, it is a receiver in the eyes of the BATF unless it is demilled (destroyed). Certainly one could sell the parts off, but not the receiver unless it was originally bought as a serial numbered unit through a FFL.
Lyn
 

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Remember guys, when there is a question of interpretation, the only ones that win are we lawyers. Please, if you are thinking of selling one of your "home made" weapons, dont feed the sharks I mean lawyers. Be conservative in your approach. Jack
 
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