Buying or Selling an Unmarked Lower Receiver/Firearm

[GAgunLAWbooklet]

If the cops find you in possession of a firearm (especially an evil black assault weapon looking firearm)
that does not have any serial number on it. I think they can arrest you based on probable cause and you could be prosecuted. At some point the charges may be dropped after you prove your innocence, you'll have had to spend money on a bail bondsman and a lawyer.

If I were to sell a homemade firearm that didn't previously have a serial number, I would first have it engraved or stamped "homemade" with the year I completed the build and some randomly made up serial number about 6 digits long.

And I would make sure to write a bill of sale for the purchaser, and the purchaser should keep his copy of it for future reference.

 

[JDG.]

I am not the atf nor a manufacturer, but according to the ATF posted FAQs you need to have a manufacturing license to sell any built firearms. So all of you saying to slap a serial on it and sell it should do some more research. Again im not the atf and I do not manufacture firearms, but I do read information Provide by the ATF.

12. Can anyone make firearms and sell them?
With certain exceptions, and subject to any state law that might apply, as long as an individual is not prohibited from possessing a firearm, he or she can make a firearm for personal use. If an individual wants to manufacture and sell firearms, he or she is required to obtain a license, and mark each firearm manufactured in accordance with 27 CFR 478.92. [18 U.S.C. 923(i), 26 U.S.C. 5822]

 

[GAgunLAWbooklet]

My understanding is you cannot unless you get a manufacturing license. If you make a firearm, it is yours. If you want to sell it, you need a manufacturing license to do so even if you didnt intend to sell it when you made it.

Can you cite any statutory law, ATF rules and regulations, ATF opinion letter, or case law from the courts that backs this up ?

I haven't done any research lately on the definition of "engaged in the business" of firearms or "manufacturing firearms" but I did not think that you had to have a firearms Manufacturers license / SOT either to build a weapon for your own use that you keep forever ...
...or to build a fire arm for your own use that you later decide to sell.
I agree that if you build it with the intention of selling or trading it away then you are manufacturing as part of a business even a small scale business.

 

[GAgunLAWbooklet]

I am not the atf nor a manufacturer, but according to the ATF posted FAQs you need to have a manufacturing license to sell any built firearms. So all of you saying to slap a serial on it and sell it should do some more research. Again im not the atf and I do not manufacture firearms, but I do read information Provide by the ATF.

JDG, The section of the CFR quoted in this above presupposes that you are already a person (or business) who has to be licensed as a manufacturer. But let's go back to 27 CFR 478.11 for the definition of a "manufacturer" --


DEFINITION OF "Engaged in the business" -
(a) Manufacturer of firearms.
A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearmsmanufactured;

(b)Manufacturer of ammunition. ...

 

[JDG.]

JDG, The section of the CFR quoted in this above presupposes that you are already a person (or business) who has to be licensed as a manufacturer. But let's go back to 27 CFR 478.11 for the definition of a "manufacturer" --


DEFINITION OF "Engaged in the business" -
(a) Manufacturer of firearms.
A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearmsmanufactured;

(b)Manufacturer of ammunition. ...

You act like everyone on here is a lawyer. Additionally I believe you give your opinion which is given in a consultation type setting. I hope you are willing to provide pro bono assistance if someonce decides to become a case study based off your advice.

I quoted a copy of the ATF q&a. As they are the ones that prosecute based on their opinions, I will follow their guidlines until I can fully fund bail and lawyer fees to prove my innocence. Until that time I will continue to be the sheep in such trivial manners of selling a 80% completed lower

 

[DanKATL]

I am not the atf nor a manufacturer, but according to the ATF posted FAQs you need to have a manufacturing license to sell any built firearms. So all of you saying to slap a serial on it and sell it should do some more research. Again im not the atf and I do not manufacture firearms, but I do read information Provide by the ATF.

That's what I came up when I started researching. The issue seems to be that you become an unlicensed manufacturer when you serialize and transfer it to someone else.

 

[JDG.]

This is posted by the ATF. I am currently reading it, but will post for others to view as well
https://www.atf.gov/firearms/docs/ruling/2015-1-manufacturing-and-gunsmithing/download

It is dated to 2015

 

[alnen]

My understanding is you cannot unless you get a manufacturing license. If you make a firearm, it is yours. If you want to sell it, you need a manufacturing license to do so even if you didnt intend to sell it when you made it.

Looks to be a gray area. Here is what the atf says about 80% lowers https://www.google.com/url?sa=t&sou...Vaw1J2HAOVaEcjgRfcXQgIB06&cshid=1546394468910

 

[alnen]

This is posted by the ATF. I am currently reading it, but will post for others to view as well
https://www.atf.gov/firearms/docs/ruling/2015-1-manufacturing-and-gunsmithing/download

It is dated to 2015

Lol, looks like we read the same thing and came to different conclusions. I don't see where finishing a lower and then deciding to sell it is prohibited or required to have a special license. Different story if you are "in the business of...", but that's not what we're discussing. I believe that a person can legally finish a lower and then decide to sell it or gift it to another person.

 

[StuP]

We live in a country were everything is legal until a law is passed that says it isn't. Burden is on the gov. to prove it isn't, you just got to be able to afford to fight.

FTFY