legality of selling "home made" firearms.

[Chee-to]

I asked one of the Mods this, and it was suggested I post it here. As I understand it you can assemble a firearm with imported uppers and receivers that are made in the USA pursuant to 922r. Now when is it legal to sell it/them, and if sold does maker assume any liability if the weapon causes injury or death due to shoddy workmanship? I know there's guys on this board that assemble their own, so If you have any knowledge in this area please chime in. Here's all I could find on the ATF site FAQ...

http://www.atf.gov/firearms/faq/faq2.htm

Also pdf here; http://www.atf.gov/firearms/building_a_firearm.pdf

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]

Read More

 

[wayoutwest]

When you talk of building from parts kits and US receivers (upper or lower) are you talking about 100% US FFL receivers or completing 80% receivers into complete 100% receivers.

Not being a lawyer, it is my understanding that the builder (manufacture) could be held accountable if the "homemade" firearm had problems and exploded in your face....at the same time the builder would probably be added to a lawsuit if the buyer of said firearm used it to shoot up the local store/school/bowling alley....

As for when you can sell them, I seem to recall seeing something about being able to build (manufacture) a small number of firearms for personal use if your intention is not to build them with the intention of selling them BUT later decide that you need the money, lost interest or whatever.

If you want to build them (manufacture) them for sale you would need a 07 FFL (i think) or 02 SOT to make a machine gun (iirc)


http://www.atf.gov/firearms/building_a_firearm.pdf emphasis added

Individuals manufacturing sporting-type firearms for their own use need not hold Federal
Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the
firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also,
the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully
transferred in the future

 

[fromotoc]

If you build it with a receiver already registered, selling it is fine. You aren't "making" or building a gun, you are just adding accessories to the actual registered firearm.

If you are machining a receiver out of a forging or 80% receiver, or are taking a cut receiver and re-welding/milling it, selling it is a gray area, and while not a lawyer, it is probably a bad idea, if you aren't an FFL. If you plan on making something to sell using a receiver you make, you should get an SOT. Nowadays anyone can sue for anything, so you can never be too careful.

 

[Chee-to]

If you build it with a receiver already registered, selling it is fine. You aren't "making" or building a gun, you are just adding accessories to the actual registered firearm.

I can understand buying a upper and lower for a AR and adding the internals you really aren't making the gun, but it seems to me putting a AK together with imported parts kit and registered receiver is a little more involved than "adding accessories" There's some pretty poor products out there built by so called professorial manufactures, Hesse comes to mind...

 

[fromotoc]

I can understand buying a upper and lower for a AR and adding the internals you really aren't making the gun, but it seems to me putting a AK together with imported parts kit and registered receiver is a little more involved than "adding accessories" There's some pretty poor products out there built by so called professorial manufactures, Hesse comes to mind...

I wouldn't lump hesse and professional manufacturers together.

 

[jagerMR]

IF you MAKE or FINISH a receiver (the registered part), you have manufactured a firearm, this is legal, BUT IS ILLEGAL to sell that firearm in the future. IT IS NOW APART OF YOUR PERSONAL PERMENANT COLLECTION

IF you purchase a 100% receiver (AK/AR/Galil/etc.), then that is a manufactured firearm that is REGISTERED TO YOU. It is completely legal to sell said firearm at a later point in time.

NOTE: IT IS HOWEVER ILLEGAL TO BUILD FIREARMS FROM 100% RECEIVERS WITH THE INTENT TO SELL. FOR THIS YOU NEED TO BE A LICENSED MANUFACTURE.

 

[coctailer]

IF you MAKE or FINISH a receiver (the registered part), you have manufactured a firearm, this is legal, BUT IS ILLEGAL to sell that firearm in the future. IT IS NOW APART OF YOUR PERSONAL PERMENANT COLLECTION

A person is allowed to sell it. It cannot be manufactured with the intent to sell though.

 

[coctailer]

If anyone wants to keep out of prison, I recommend asking the people that will actually put you in prison.

503-331-7830 is the number to the ATF office in Portland. The Compliance guys will be happy to help keep you from making a mistake.

 

[wired]

Terms time. A maker is NOT a manufacturer. Manufacturers hold 07 FFL's. 07 Licensees have to pay excise tax on their builds and have to register serial numbers with the ATF when they build and see a firearm. Non licensee makers do not. You cannot build for the purpose of selling it. You cannot even assemble a rifle from parts and sell it if you are a standard 01 FFL licensee. You certainly can build a gun for personal use and sell it down the road no problem. Its all about intent. If your state allows private firearms sales you can sell a totally unmarked 80% build at least until June but you cannot build a gun for the purpose of selling it.

 

[wired]

IF you MAKE or FINISH a receiver (the registered part), you have manufactured a firearm, this is legal, BUT IS ILLEGAL to sell that firearm in the future. IT IS NOW APART OF YOUR PERSONAL PERMENANT COLLECTION

IF you purchase a 100% receiver (AK/AR/Galil/etc.), then that is a manufactured firearm that is REGISTERED TO YOU. It is completely legal to sell said firearm at a later point in time.

There is no registry of title 1 firearms in the US. Some states sure but nothing is "registered" to you just because you fill out a 4473. 80% builds are treated just like stuff you buy from the gun store. I can build an AK on an 80% receiver just like this one. I built it for myself. No numbers or marks of any kind on this gun. If I get tired of it I can sell it to my neighbor of some random guy in a Wal Mart parking lot and as lng as they are legally able to purchase a gun I am not breaking any laws. No engraving or anything required.

 

[FourTeeFive]

No numbers or marks of any kind on this gun. If I get tired of it I can sell it to my neighbor of some random guy in a Wal Mart parking lot and as lng as they are legally able to purchase a gun I am not breaking any laws. No engraving or anything required.

In Washington State, unfortunately any person to person transactions require paperwork at an FFL. And that would require some sort of markings on the gun. That all happened as part of I-594.

 

[wired]

In Washington State, unfortunately any person to person transactions require paperwork at an FFL. And that would require some sort of markings on the gun. That all happened as part of I-594.

Which is why I dont live in Wa state any more and why I wrote "some states "

I really should look at post dates.