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9/22/2017 12:11:25 AM
Posted: 8/5/2002 8:34:03 PM EDT
[Last Edit: 8/5/2002 8:37:10 PM EDT by BigGuns]
I just saw on the *Wanted to Buy* board someone wanting to buy a finished 80% lower receiver. This isn't legal to do, right? [url]www.ar15.com/forums/topic.html?b=7&f=26&t=137899[/url] Don't know that this guy's a troll or not, but it is post 1 of 1 for
*gimpy*
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, and I wouldn't want anyone to get in trouble! Edited to add link!
Link Posted: 8/5/2002 10:31:26 PM EDT
Well, since he is willing to pay "big bucks" for a complete lower, instead of just buying one at a gun store, it probably is illegal. But maybe he is "law abiding citizen" with no evil intent who read the 2nd amendment and figures it is none of the government's f'ing business what he buys, and is willing to pay extra for that.
Link Posted: 8/5/2002 11:17:52 PM EDT
Then just buy a serial numbered Bushmaster from an individual! I've bought at least ten guns this year that no government entity has a record of, nor knows I own. And if he were to buy such a lower, as he is offering to buy, he would no longer be a law abiding citizen, would he? I don't care what he does. I'm just warning anybody who might want to take him up on the deal, that he may be more than he appears.
Link Posted: 8/7/2002 9:49:13 AM EDT
Just to clarify, If i understand the rules, when you build from an 80% or less you are building for yourself. You cannot transfer to anyone unless you pay the fees to BATF. Do I understand correctly? What would the fees include?
Link Posted: 8/7/2002 1:32:00 PM EDT
No fees are due, and there'd be no way for you to pay them - only licensed manufacturers are required or able to pay excise tax on firearms. You can later sell a finished 80%, provided it was not originally built for sale, and provided no state laws forbid it. A good rule of thumb is to hold onto the rifle or receiver for at least a year before selling it. If you regularly build 80% receivers, hang on to them for a year, and then sell them, ATF would have a good case for charging you with manufacturing without a license, but an occasional instance shouldn't present a problem.
Link Posted: 8/7/2002 8:16:37 PM EDT
[Last Edit: 8/7/2002 8:17:14 PM EDT by bamaboy]
the BARF (I mean BATF) FAQ (A7) says: 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. It doesn't mention any intent or period it can be sold after. Is there any ruling on this or just a commonly held belief. Couldn't BATF consider not for sale as forever.
Link Posted: 8/8/2002 9:38:31 AM EDT
That's how I read it, but I'm no lawyer. I thought you couldn't even transfer to say ,, a son or daughter, but I don't know any of this for sure or not. It all seems hard to prove / disprove if it came to that.
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