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Posted: 4/29/2006 1:01:36 PM EDT
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I was at the gun show today and I bought two stripped DPMS lower recievers from one of the sellers there. When I was finished with the paperwork I went to where my Dad was. He was talking to another seller there who is a friend of his who owns a gun store. So this guy then starts to tell me that it is illegal to make a rifle out of a stripped lower becuase it is "manufacturing a firearm" and that thats why he won't sell any stripped lowers. I tell him that he's wrong and its not manufacturing a firearm unless I made the lower. Then he says im wrong and that if im caught, then the BATFE is gonna hall me off to jail for 20 years. So I was just curious if any laws have changed or is this guy just really kind of ignorant. Also if anyone could get a link to where it says the law so I could prove them wrong I would appreciate it. Thanks, Nic P.S. I didn't know if I should post this here or in the GD. I put it here becuase it relates to BIY, and I thought more people would see it that know what they are talking about. |
I believe that only applies if you make the lower. If the lower is already manufactured, you can build any legal length rifle/carbine/pistol. ____________________________________________  |
It is perfectly legal to build a rifle for your own use.whether or not you manufactured the lower or used a stripped lower does not matter. What matter is what you do with it. Personal use is ok,building to sell is not. It is a matter of taxes. Individual parts have no Federal Exise Tax on them. Complete guns that are made to be sold must have the FIT paid on them to be legal. The FIT is paid by a licsensed manufacturer, & is already in the cost of the rifle once it leaves the manufacturer. |
So what are you saying? Can I never sell the rifles that I have built? I built my first about 7 years ago, are you saying that I can't sell it? Elvis |
It all has to do with intent. If you built a rifle and shot it over the course of 7 years then sold it that would be OK.. Its a used gun now and no longer is wanted by you. OTOH - If you built up a safe queen and it had only one trip to the range (or was unfired) and you chose to sell it for more than the cost of components then ATF could take issue. I once heard a story (and take it as such) that one ATF agent used a rule of thumb that if the guns were unfired they better be sold for significant loss. - It comes from a case were the guy was unemployed and was dumping 4 Virgin AR's at a gun show - 4 different models that he had built in greener times. Since he was offering the guns at about 70% of the parts cost (before shipping even) the ATF did not pursue the issue. |
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I was told that as long as you build 5 or less guns a year you are not manufacturing, even if you are an FFL. The guy you spoke to was ignorant. I think you can build as many a year as you wish as long as you are not selling them for profit, but actually using and enjoying them yourself for a while before unloading them. I think it does boil down to intent though. They want exise tax if you are obviously doing it as a business and thus manufacturing. Go ahead and build away! Remember a lot of FFL's are extremely ignorant on the law or they outright lie. I know a local guy who keeps claiming he can't legally sell stripped lowers or parts kits and that everyone is "getting out of it" before the ATF prosecutes them. Oddly enough they guy loves to sell extremely over-priced fully built rifles. Do you see a pattern here? He makes less money off us home builders so he lies... |
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Thanks for the replies. I knew it had to be legal. When he first said to me "ya know its illegal to manufacture a firearm without a license" I thought he was joking. Then I realized he wasn't and thought of how ignorant he must be. He might have been lying, but he doesn't sell black rifles so he wouldn't really have a purpose to. Does anyone have any info from the BATFE or anything that can prove it to them though? They will keep fighting with me on it until I give them proof. Thanks again, Nic |
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The striped receiver is the firearm. Here is the ATF link that talks about building a firearm. http://www.atf.treas.gov/firearms/faq/faq2.htm#a7 |
Not only is he an idiot, he is a bad businessman. You don't have to prove anything to him. All you have to do is tell him you will buy your products somewhere else. If he wants to lose market share to someone else, that's his choice. |
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