He's not asking if he's the manufacturer, can he sell the firearm, he's asking if he is a buyer from somebody else that made it is it illegal for him to possess. It is already established that the seller is violated the law but what about the buyer?
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Buying or Selling an Unmarked Lower Receiver/Firearm
- Thread starter MegaFan
- Start date
The panties get bunched when the sailor/manufacturer/finisher of the now 100% functioning firearms fails to pay Ceasar his excise tax or obtain permission to "make" a gun for cell. I've never read any statutes related to the buyer's possible law breaking.
My thoughts... if you own a "firearm" (what was, in its 80% form, not a "firearm", but now, in its 100% complete form, is a "firearm"). I believe the law allows ownership of the 80% non-firearm and further allows the original owner/manufacturer to complete it to 100%, as long as it is not sold or transferred. My concern is related to after it is "sold or transferred" and, if you are the buyer of a "non-serialized firearm", are you in possession of an illegal firearm.
VI. KNOWINGLY POSSESS OR MANUFACTURE:
(18 USC § 922(k), (o) & (v); 26 USC § 5861)
Punishable by up to 5 or 10 years imprisonment, depending upon specific violation.
A. Any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon;
B. Any firearm silencer, including any device, or part thereof, designed to silence, muffle or diminish the report of a firearm;
C. Sawed-off shotgun with a barrel length of less than 18" or overall length less than 26";
D. Sawed-off rifle with a barrel length of less than 16" or overall length less than 26";
E. Destructive device;
F. Semi-automatic assault weapon manufactured after October 1, 1993; OR
G. Any firearm which lacks a serial number or contains an altered or obliterated serial number
The rights of the citizens to keep and bear arms shall be unfettered. How unconstitutional is that?
Not sure... but I do know this - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Not sure what you are saying above. If you can add clarity to the discussion regarding possession of a non-serialized "firearm", when you are not the original manufacturer, please do so.
From what I have researched, you can complete the 80% lower for your own use and that's it. Without having a serial number in the system, you can't sell it, transfer it or even gift it to someone. I don't even think that you can leave it in your will to someone. If you are done with it and don't want it any more, you are to turn it in to the local police dept for destruction...
That's insightful. You are only allowed to do anything that is legal, anything else is illegal. ;-)
Yeah, pretty much. LOL
That's why I never got into the whole 80% lower thing... by the time you buy the lower and the jig and tools to finish it, you could have purchased 2 or 3 Anderson stripped lowers that are ready to go...
I guess the appeal is to have a gun that is "off the books in case the gubment bans them"... But a private(legal) purchase with no paperwork would accomplish the same thing... Besides, if they ban the guns, it's not like you can take it to the range and use it... getting caught with one would just land you in jail, serial number or not.
At the end of the day, gubment gonna do what the gubment gonna do...
If they banned them and wanted to round them up, we will either turn them in, or tell them we sold them...
"Who did you sell them to?"
"I don't recall."
"How can you not know that, where is the bill of sale??"
"I am sorry officer, was I required to have a bill of sale at that time?"
"Well, no, but..."
"Sorry, can't help you, officer. I acted in accordance with the laws at that time, am I free to go now?"
