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legality of selling "home made" firearms.

Discussion in 'Legal & Political Archive' started by Chee-to, Aug 31, 2009.

  1. Chee-to

    Chee-to Oregon Well-Known Member

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    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

     
  2. wayoutwest

    wayoutwest Polk County, Oregon Active Member

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    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

     
  3. fromotoc

    fromotoc Downtown Portland, OR Member

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    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.
     
  4. Chee-to

    Chee-to Oregon Well-Known Member

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    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...
     
  5. fromotoc

    fromotoc Downtown Portland, OR Member

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    I wouldn't lump hesse and professional manufacturers together.
     
  6. jagerMR

    jagerMR Hillsboro Member

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    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.
     
  7. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    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.