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Must Sale of a Private Party COMPLETED Poly80 Glock Clone Frame Go Through 4473 Transfer Process?
Okay people, help me figure out if I've got my thumb stuck up my @$$ or if I'm partially, or completely correct.
Over the past couple of months I've tracked at least four folks (they're new to the forum with little to no feedback - but I realize that does NOT mean that they are newbies to firearms) offering for sale P80 Glock clone completed frames (or fully functioning P80 Glock clone firearms) and they believe that they and the buyer do NOT have to go through the 4473 transfer process.
There seems to be this perception that because I did NOT build/complete the frame with the INTENT to sell it (my intent was to build it just for my use), the means that later I CAN sell it without going through the 4473 transfer process.
For the sake of narrowing the discussion, let's focus on the least common demonminator - completed (milled and drilled), stripped (no LPK), P80 Glock clone frames.
A milled and drilled (completed) Poly80 Glock clone pistol frame (even if its stripped) has, and still does, meet the ATF definition of a "frame" and is considered the part of the firearm that must go through the transfer / background check process if sold or given to someone else (other than my specific relative in Oregon, yada yada).
Final Rule 2021R-05F further clarifies the definition of a frame (4/11/22 - signed by AG, 4/26/22 - published in Fed. Register, 8/24/22 - effective date of regulation). Though it doesn't add or change anything to this particular Poly80 Glock clone frame discussion.
My understanding of the laws and regs I have researched is that if I sell one of my Poly80 completed frames (no matter what my intention was when I built it) without going through the transfer/background check process, to some guy who cannot legally possess a firearm, I have violated the law in my home state of Oregon (which is the same as Washington) by transferring a firearm to that individual. That seems like a no-brainer to me.
For argument's sake, even if the buyer CAN legally own a firearm, I posit that it MUST go through the 4473 process and a background check, no matter what my intent was when I built the frame. Because there is nothing in any law or reg. that I am aware of that provides that the "intent" of the manufacturer (me) exempts that legal firearm from going through the 4473 transfer process.
I realize that I do NOT have to serialize my Poly80 completed frame for my own use. But, where the serial number comes into play is that an FFL will not complete a transfer without the frame having a serial number. (Final Rule 2021R-05F does provide a LOT of direction about FFL's serializing PMF's = "Privately Made Firearms".)
OK - let the fun begin.
Thanks.
Okay people, help me figure out if I've got my thumb stuck up my @$$ or if I'm partially, or completely correct.
Over the past couple of months I've tracked at least four folks (they're new to the forum with little to no feedback - but I realize that does NOT mean that they are newbies to firearms) offering for sale P80 Glock clone completed frames (or fully functioning P80 Glock clone firearms) and they believe that they and the buyer do NOT have to go through the 4473 transfer process.
There seems to be this perception that because I did NOT build/complete the frame with the INTENT to sell it (my intent was to build it just for my use), the means that later I CAN sell it without going through the 4473 transfer process.
For the sake of narrowing the discussion, let's focus on the least common demonminator - completed (milled and drilled), stripped (no LPK), P80 Glock clone frames.
A milled and drilled (completed) Poly80 Glock clone pistol frame (even if its stripped) has, and still does, meet the ATF definition of a "frame" and is considered the part of the firearm that must go through the transfer / background check process if sold or given to someone else (other than my specific relative in Oregon, yada yada).
Final Rule 2021R-05F further clarifies the definition of a frame (4/11/22 - signed by AG, 4/26/22 - published in Fed. Register, 8/24/22 - effective date of regulation). Though it doesn't add or change anything to this particular Poly80 Glock clone frame discussion.
My understanding of the laws and regs I have researched is that if I sell one of my Poly80 completed frames (no matter what my intention was when I built it) without going through the transfer/background check process, to some guy who cannot legally possess a firearm, I have violated the law in my home state of Oregon (which is the same as Washington) by transferring a firearm to that individual. That seems like a no-brainer to me.
For argument's sake, even if the buyer CAN legally own a firearm, I posit that it MUST go through the 4473 process and a background check, no matter what my intent was when I built the frame. Because there is nothing in any law or reg. that I am aware of that provides that the "intent" of the manufacturer (me) exempts that legal firearm from going through the 4473 transfer process.
I realize that I do NOT have to serialize my Poly80 completed frame for my own use. But, where the serial number comes into play is that an FFL will not complete a transfer without the frame having a serial number. (Final Rule 2021R-05F does provide a LOT of direction about FFL's serializing PMF's = "Privately Made Firearms".)
OK - let the fun begin.
Thanks.
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