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Discussion in 'Legal & Political Archive' started by gunluvver, Nov 23, 2008.
I'm wondering af an AK built from a flat or other 80% receiver can be sold.
You need to engrave your name, city, and state on it first.
Buyer must do a background check and you will maintain the record of who it was sold to.
If you make a habit of doing it, you may get in big trouble.
Firearms manufacturing is taken very seriously by ATF.
NO. you can legally make a firearm but you can NEVER sell it you can pass it down to a family member and THEY can't sell it. If you want to sell it you must get a manufactures license and put a recorded (with the A.T.F.)serial # on it then and only then is it legal to sell a gun you built. If you really wish i can look up the reg # or you can go to the atf website and look it up.
The ATF Agents must have been mistaken then. It's OK according to the Portland field office.
I couldn't find it in my Reference guide. Do you know the page number it is on?
Well you can always strip it and sell it as a parts kit minus the receiver.
All of the resources that Ive read about building guns say that they cannot be sold.
I'm no expert on civvy firearm manufacturing regs, I just know what I can do as a firearms manufacturer.
I asked the ATF dudes when they were over last month about it.
If I remember, I will call tomorrow and ask them to give me a reg that shows if you can or cannot.
go to atf site- faq- manafucter of firearms
do you have a link?
I go to ATF-FAQ-???
the choices are Firearms or explosives. (there isn't an option for manufacturer or firearms)
These are regs for licensees and civvy transfers. Same as my reg book.
I cant find anything on unlicensed manufacturing on there.
OK, found this:
(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]
With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting 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 machine gun 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) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]
I will check to see if the "provided it is not for sale" means "for sale at time of construction", or not for sale ever.
I wonder what the "exceptions" are.
I can't find it in the reference guide or on line, either. I have often seen the above information reported from contact with the ATF.
What makes the difference is the intent for making it. You can not build it for sale. You can build it for yourself, then sometime later you may decide to sell it. Then it needs to be marked as mentioned above.
Word from ATF today is that it CAN be sold. My original post is accurate.
ATF office in Portland 503-331-7830