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1/22/2020 12:12:56 PM
Posted: 11/22/2012 4:46:09 AM EST
i have a home build i put together on a 80% receiver what are the laws on trying to sell this?
Link Posted: 11/22/2012 5:36:22 AM EST
I dont think you can. It has no serial number. The only cheep way is to demil it. The expensive is to put it on a form 5320.1 I only think this is the case, maybe some way out around all the paperwork.
Link Posted: 11/22/2012 5:38:07 AM EST
i punched in a serial number but idk if that helps or not.
Link Posted: 11/22/2012 6:03:00 AM EST
Originally Posted By BRADLEYBUILT:
I dont think you can. It has no serial number. The only cheep way is to demil it. The expensive is to put it on a form 5320.1 I only think this is the case, maybe some way out around all the paperwork.


False.


Source: http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

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.


CFR 478.92 applies to licensed manufacturers and licensed importers, it mentions no requirements for an individual to serialize a firearm.

The BATFE say's 'should' be engraved. This is the only time they use that term, the other mandatory regulations use terms like 'required' and 'must'
Link Posted: 11/22/2012 4:12:37 PM EST
[Last Edit: 11/22/2012 4:13:38 PM EST by akolleth]
Yes you can sell it. However, i would humbly suggest you do not. You have to think of liability here. If anything happens, you are the manufacturer, and they might be able to sue you into oblivion for damage/injury/loss of life. You are taking on a whole lot of liability. Personally I would would just either de-mill it, or chop the receiver and sell it as a kit. You will get less, but will not have the same liability as if you sold them an assembled rifle of your manufacture.



Link Posted: 11/22/2012 6:55:22 PM EST
Originally Posted By akolleth:
Yes you can sell it. However, i would humbly suggest you do not. You have to think of liability here. If anything happens, you are the manufacturer, and they might be able to sue you into oblivion for damage/injury/loss of life. You are taking on a whole lot of liability. Personally I would would just either de-mill it, or chop the receiver and sell it as a kit. You will get less, but will not have the same liability as if you sold them an assembled rifle of your manufacture.





Easily taken care of with a hold harmless agreement.
Link Posted: 11/23/2012 8:18:48 AM EST
With starting another fight yes you can sell it would I nooooo... You can build and then shoot your gun and not like it then sell it but if a agent or even the person you sell it to wants to get harsh its a problem you will have to throw money to in order for it to go away...
Link Posted: 11/23/2012 3:28:59 PM EST
Originally Posted By ArmedFerret:
Originally Posted By akolleth:
Yes you can sell it. However, i would humbly suggest you do not. You have to think of liability here. If anything happens, you are the manufacturer, and they might be able to sue you into oblivion for damage/injury/loss of life. You are taking on a whole lot of liability. Personally I would would just either de-mill it, or chop the receiver and sell it as a kit. You will get less, but will not have the same liability as if you sold them an assembled rifle of your manufacture.





Easily taken care of with a hold harmless agreement.


any attorney worth his salt will tell you those are not worth the paper they are written on.
Link Posted: 11/23/2012 6:25:50 PM EST
I pay them with money, not salt.
Link Posted: 11/23/2012 6:43:19 PM EST
I have helped many builders in my area build there own on legit recievers and home bent and polish bends but the word here is helped... They do the work and they are the manufacturer of their own build.. I personally own 8 of my wn builds from AK to AR to Galil and now FAL,s till I get my FFL,s. I don't think it's worth the risk..If you plan on building I'd use pre built recievers that way that part is out of the way, I would not sell any of my 80 percent builds. Just not worth it...
Link Posted: 11/23/2012 7:56:48 PM EST
Originally Posted By ak_:
Originally Posted By BRADLEYBUILT:
I dont think you can. It has no serial number. The only cheep way is to demil it. The expensive is to put it on a form 5320.1 I only think this is the case, maybe some way out around all the paperwork.


False.


Source: http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

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.


CFR 478.92 applies to licensed manufacturers and licensed importers, it mentions no requirements for an individual to serialize a firearm.

The BATFE say's 'should' be engraved. This is the only time they use that term, the other mandatory regulations use terms like 'required' and 'must'


I went to the SOURCE link above and it says NOT FOR SALE OR DISTRABUTION in plain spanish
Link Posted: 11/23/2012 11:56:57 PM EST
Originally Posted By BRADLEYBUILT:
Originally Posted By ak_:
Originally Posted By BRADLEYBUILT:
I dont think you can. It has no serial number. The only cheep way is to demil it. The expensive is to put it on a form 5320.1 I only think this is the case, maybe some way out around all the paperwork.


False.


Source: http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

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.


CFR 478.92 applies to licensed manufacturers and licensed importers, it mentions no requirements for an individual to serialize a firearm.

The BATFE say's 'should' be engraved. This is the only time they use that term, the other mandatory regulations use terms like 'required' and 'must'


I went to the SOURCE link above and it says NOT FOR SALE OR DISTRABUTION in plain spanish


Read as you can not build for the sole purpose of selling and/or distributing said rifle IF you do not hold a license. As if you are in the business of manufacturing.

In the same section in which you got your quote, the last paragraph:

"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."

You may build the rifle for yourself, and it is suggested that you serialize it for record keeping, but as per regulation, you are required to mark it if at some later point you decide to sell/transfer.

It's always good to read everything!
Link Posted: 11/24/2012 4:25:23 AM EST
Originally Posted By internet:
Originally Posted By BRADLEYBUILT:
Originally Posted By ak_:
Originally Posted By BRADLEYBUILT:
I dont think you can. It has no serial number. The only cheep way is to demil it. The expensive is to put it on a form 5320.1 I only think this is the case, maybe some way out around all the paperwork.


False.


Source: http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

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.


CFR 478.92 applies to licensed manufacturers and licensed importers, it mentions no requirements for an individual to serialize a firearm.

The BATFE say's 'should' be engraved. This is the only time they use that term, the other mandatory regulations use terms like 'required' and 'must'


I went to the SOURCE link above and it says NOT FOR SALE OR DISTRABUTION in plain spanish


Read as you can not build for the sole purpose of selling and/or distributing said rifle IF you do not hold a license. As if you are in the business of manufacturing.

In the same section in which you got your quote, the last paragraph:

"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."

You may build the rifle for yourself, and it is suggested that you serialize it for record keeping, but as per regulation, you are required to mark it if at some later point you decide to sell/transfer.

It's always good to read everything!



Incorrect. The BATFE uses the language 'should' be engraved, it does not say it is required. Then they reference 27 CFR 478.92, which lists requirements for licensed manufacturers but contains no requirements for unlicensed individuals.
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