Posted: 7/13/2006 7:05:58 PM EDT
| I have several lower receivers that I've CNC milled without any markings. I didn't build these lower receivers with the intent to sell them, so is it legal for me to sell these? |
Not necdessarily. As a private individual, you are free to sell any gun you (legally) own, because it is your property. Consider these two scenarios: If you are not "in the business" of selling firearms, that is, selling them regularly with a view to producing substantial income, and are only selling off some personal items from your collection, then you are selling them as a private individual and do not need any license whatsoever. If you have a whole bunch of these CNC'd receivers and you are thinking of selling them off to clear a tidy profit, then you would most likely be seen as engaging in commerce for profit, and at that point you would need the appropriate FFL. The important thing is to make that decision ahead of time rather than have a BATFE agent make the determination after the fact that you should have a license - presto, you're a felon. After reading the above, which scenario applies to you? If it's the first one, you should be OK. If the second, then consider looking into an FFL, which would probably be a Class 2 manufacturer. You'd of course have to sell enough receivers to pay for the license and still clear a profit, and along with great piles of red tape, one of the requirements would be that you'd have to put your name and address, etc., and a serial number. |
| I suggest you have some kind of CYA plan like assemble each of them and use them yourself. You might see if there is a way you can document when you made/used them. This helps establish that you made them for personnal use. Spread out the sale of them if you have multiple you want to sell. You don't want to send up a red flag as if you were dealing. I would put a serial number on it before you sold it. Again as CYA. |
|
All of the AKs that I have purchased were home built guns. I have made several home built ones now that I have the tooling and have traded some away. I think it comes down to "intent" of when you had the CNC'ed, if they've been sitting in your garage for a year and you just don't want them anymore I can't see that being illegal to sell Although you are in IL and that state is quite communist |