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Posted: 1/25/2005 8:15:43 PM EDT
| Does the ATF require any registration of a homemade gun if it's a normal, full length semi-auto? I didn't think so, but recently met someone who said that they did. |
My understanding is that you can "give" it away, like in a will or something, but you definantly can't sell it for a profit (if you read the law, you can't sell any firearm, without an FFL, for a profit, if ATF finds out that you have been buying cheap and selling high, a lot, even if transfering thru an FFL, they will want you to get an FFL, or worse!). I believe you could sell it, but no FFL will touch it, BC of the uncertainty of the law, they don't want to risk it! I think, IMO, that you cound do a face to face private party transfer (if legal in your area), but you have to prove that that was not your original intent, and that you were not doing it for a profit (that would require Class 2 SOT from BATF&E). Personaly, I would only give them to family, I try not to risk it with BATF&E. |
I have a letter to the ATF asking about this. When I get a reply I will post it.
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The BATFE's opinion is that if you sell a homebuilt firearm, you must mark it and put on a serial number. Whether or not that would be required for a private transaction is unclear. You may certainly sell a firearm for a profit, even a homebuilt one. You may not, as an individual, make a firearm for the purpose of resale, and you may not sell firearms for the purpose of making of living out of it. Again, according to the BATFE, anyone "who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principle objective of livelihood and profit throught the repetitiveht the repetitive purchase and resale of firearms" must possess an FFL. Link to letter www.mcarterbrown.com/ak/ATF/ |
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