Buying or Selling an Unmarked Lower Receiver/Firearm

[MegaFan]

I am in search of possible answers, trying to understand the concerns of ownership of an unmarked lower receiver and/or complete firearm with no "markings".

As I understand it, an individual may complete an 80% lower and that is within his/her rights and it is legal to own such an unmarked "firearm". By ATF definition, that same 80% lower then becomes an actual "firearm" once complete, and it is perfectly legal for the original "manufacturer" to own the unmarked "firearm".

However, as more of the original 80% unmarked/ghost receivers are completed, making them 100% "firearms", and those unmarked receivers/firearms start showing up in the classifieds, are there new concerns? If I own such a "firearm" and it is unmarked, and I am not the manufacturer, am I in possession of an "illegal firearm"?

RECAP: As an 80% lower, it did not meet the definition of a "firearm"; however, once complete, it meets the definition of a "firearm' and must have markings. The ATF clearly states that all "firearms" must have markings, including a serial number. As stated in the paragraph below:

"According to federal law, a person may manufacture a firearm for personal use without including a serial number on the firearm, provided that the firearm is not sold or transferred to another person. Otherwise, to manufacture a firearm requires a license from ATF. A firearm that is transferred to another person must bear a serial number."​

 

[StuP]

You answered your own question I think. You can't sell / transfer an unmarked firearm. Some exceptions like older guns made before serial numbers were required.

 

[Cadcom]

Has there been one posted on ODT?

 

[Rabbit2047]

Don't do it

 

[MegaFan]

You answered your own question I think. You can't sell / transfer an unmarked firearm. Some exceptions like older guns made before serial numbers were required.

I agree, but was simply looking for anything that would make me think otherwise.

Has there been one posted on ODT?

Yes, but after some discussions, the ad was modified to NOT include the unmarked lower. If nothing else, just trying to understand the ATF wording and make us all more aware of the potential issues (if there are any). Again, my concern for anyone that traded into one, or bought from the original "manufacturer", are they now in possession of an illegal firearm?

 

[rumrunner55]

As far as I understand the receiver doesn’t need the serial number as long as you retain ownership but if it’s sold or give away then it’s required to have some sort of serial number..this is also to be done on a very limited basis as ATF will consider you a manufacturer at some point

 

[Hussar]

You are correct. You can’t sell it without a serial number.

 

[spencer60]

If the gun is ever transferred you need a serial number... even if it's a private sale and no paperwork is required. That's federal. At the state level there are requirements as well, and of course they differ state to state.

I don't know if GA cares specifically, but you might have some problems if you ran into a legal issue and this unserialized firearm came up. It wouldn't be a bad idea to have something showing you made it from an 80%, so you can prove you fall under the exemption and that you didn;t remove the SN from a firearm illegally. Maybe a video of you doing some of the work, or even just the receipt for the 80%.

 

[rockyfatcat]

As far as I understand the receiver doesn’t need the serial number as long as you retain ownership but if it’s sold or give away then it’s required to have some sort of serial number..this is also to be done on a very limited basis as ATF will consider you a manufacturer at some point

Before engaging in the business of importing, manufacturing or dealing in firearms, a person must obtain a license from the ATF, § 922 (a)(1)(A). Willful violation of this requirement is a 5 year prison sentence. Before engaging in the business of importing or manufacturing ammunition, a person must obtain a license from the ATF, § 922 (a)(1)(B). Willful violation of this requirement is also a 5 year prison sentence.

 

[Madrox]

I’ve seen a few “Glocks” with completed 80% lowers for sale in the past. I just keep scrolling.