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Posted: 1/3/2003 1:22:48 PM EDT
It was my understanding based on some brief reading of websites that the primary advantage behind building a lower from an 80% finished casting is that the casting is not considered a firearm and thus can be purchased without background checks etc. and the knowledge/approval of the BATF. and could then be completed without further interference from the BATF.
However, that sounds like a blatant loophole the BATF wouldn't want to have around, plus some posts on these forums indicate the rifle can't be completed without further dealings with the BATF.
Can anyone help me understand what the truth is? Ideally could someone point me to a good source of further info that doesn't include reading excessive amounts of boring legalese?
You CANNOT sell, give away, or transfer a homemade receiver. It does not have a serial number and it is yours forever. I don't know any more than that.
Wait, I missunderstood. The 80 percent casting is not a firearm. It is legally just a piece of aluminum.
Essentially, any [b]non-prohibited[/b] person can manufacture their own pistol, rifle or shotgun as long as it isn't' for sale... no paper work, tax or permits required (state laws may apply though). An AW is fine as long as it is built in a post-ban configuration. The only other exceptions are NFA firearms which require permits, licenses, etc.
If you buy a completed firearm there is a background check in PA but there's no record of what you bought going to ATF, it only stays on the 4473 with your dealers records. Howard
from website linked above.
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.
The above says that a person cannot manufacture a firearm for sale, not that you never can sell it. You can't manufacture it for the purpose of selling it. Big difference in meaning. If they had meant you can never sell it, the would have said "With certain exceptions a firearm may be made by a nonlicensee provided it is not sold..."
Granted, the above is an interpretational issue, but one thing it does not say, nor does any other law or ruling, is that it can't be given away, transferred, willed, etc.
Regarding dzzd questions. There is no requirement for background checks or approval from the BATF for the purchase or completion of lower that is less than 80% complete. Anything above 80% must be purchased from an FFL.
The completion of an 80% into a firearm cannot be done by anyone who would be restricted from purchasing the gun from an FFL. In other words, no felons, no outstanding Restraining/Protection Orders, etc.
Those posts that indicate further dealings with the ATF is required to complete an 80% are either wrong, or they are doing something that requires additional licensing. You are not required to notify ATF, pay manufacturing taxes, have a serial number, register it, or anything else. (Except for any applicable State Laws).
Unfortunately, there is no way around the legalese when dealing with the BATF.
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