Excerpted from here:
www.tanneryshop.com/MESSAGEBOARD.htmlAn 80% frame is actually a "special case" with the BATF and comes under restrictions that apply to any metal castings that are used to form the basis for gun parts.
In this case, what we are talking about is a metal casting that has been "almost" completed. It was cast, and then some of the milling work was done to it... but they stopped before they cut the slide rails (or any other combo of cuts that add up to the remaining 20% of the milling steps). Because the manufacturer stopped working on the piece BEFORE it was finished.... the piece is still in a state of limbo, so to speak.... it isn't really a "Gun" but it isn't really a raw hunk of metal either.
The castings do NOT have any serial numbers or roll marks on them (normally the last step in the manufacturing process). In this form they are still considered to be just pieces of metal as far as the BATF and the Brady Bill are concerned. If the manufacturer takes them one step further... then they are subject to all the laws of the land that apply to firearms. Remember that as far as the BATF is concerned... the frame/receiver IS the firearm.... and everything else is just parts.
So it is perfectly legal to order an 80% frame/receiver from the distributor and there is no paperwork at all involved. You do not need to be an FFL dealer, anyone that wants one can just call and give their credit card number and *poof* out it goes in the mail.
Ok..... sounds really cool huh? So what's the rub?
Well the bottom line is... YOU (and only you) have to finish the final machining process on it yourself. There are no serial numbers and the firearm (once it is complete) can
NEVER.... let me say that again to be sure you understand it...
NEVER, EVER be sold to anyone else.... period! It would be a firearm for "personal use only" and the only other living soul that you may legally give it to would be an heir (to your son in your will for instance).
If you build your own firearm in this way, then you are acting as a firearms manufacturer which is perfectly legal as long as it is for
personal use only.
YOU ARE RESPONSIBLE FOR COMPLING WITH FEDERAL LAWSIt is your responsibility to comply with Federal, State and any Local laws concerning your ability to own, build or carry any firearm.
If you have any question as to your legal status; Consult the BATF and your local regulatory authorities.
As to the actaul BATF reg, that covers this issue:
With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machinegun will not be approved unless documentation is submitted showing that the firearm is being made for a federal or state agency.
[18 U. S. C. 922( o), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105]Mike
ps - as noted above "registration of firearms" is thankfully not something those of us in the majority of states of the USA ever have to deal with....., yet.
BTW, unless you have ever completed an 80% lower for your own use, it ain't as easy as you'd think and requires a special jig, tools and drills along with excellent machinist skills on a drill press, depending on where you purchase your 80% lower/jig from. Many have ruined several 80% lower receivers before getting it right, but with the proper skills, tools, care and patience it can be done right the first time out.
Suggest ya read up on the "complete" process before plunkin down some cash on an 80% lower, as this is the cheapest part of the process.