Page 1 of 3 123 LastLast
Results 1 to 15 of 33

Thread: Legality of selling a home finished action

  1. #1
    Join Date
    Nov 2012
    Posts
    67

    Cool Legality of selling a home finished action

    Wanting opinions is it legal to sell a home finished centerfire action online and ship it to the buyers ffl is it legal it is a hall copy 30 br shoots great just dont need it anymore!

    Thanks Fred
    Last edited by FM7RUM; 08-02-2020 at 01:33 PM.

  2. #2
    Join Date
    Apr 2017
    Location
    Ames, Iowa
    Posts
    544
    Legal or not, it's probably not wise to sell something like that to a stranger.

  3. #3
    Join Date
    Nov 2012
    Posts
    67
    shipping to the buyers ffl trying to find out if it is legal is what I am trying to find out!
    Last edited by FM7RUM; 08-02-2020 at 01:29 PM.

  4. #4
    Join Date
    Mar 2019
    Posts
    26
    This is something and a little weird, the intent part.
    Looks like it needs a serial number?

    https://www.criminaldefenselawyer.co...her-person.htm

  5. #5
    Join Date
    Jan 2009
    Location
    Ca.
    Posts
    698
    Good question I once had a home built action / complete rifle that I picked up from a friend and there was no serial number on the action. Couldn't figure out how to register it to myself per the current Ca. law or how to sell it so it eventually went right back to him.

  6. #6
    Join Date
    Apr 2017
    Location
    Ames, Iowa
    Posts
    544
    Quote Originally Posted by FM7RUM View Post
    shipping to the buyers ffl trying to find out if it is legal is what I am trying to find out!
    Why would an FFL holder want to record a firearm that has an illegitimate serial number? Since you claim to be the maker you would have to have an FFL yourself to even legally produce it I would think. I wouldn't want any traceable money changing hands if twas me.

  7. #7
    Join Date
    Nov 2012
    Posts
    67
    I have heard it could be legally sold if it has a serial number also but not sure if I can't find out for sure I will part out and sell barrel die ect. in a package!

  8. #8
    Join Date
    Jan 2009
    Location
    Ca.
    Posts
    698
    Unless the laws have changed it has always been legal for anyone other than a felon to make their own. In fact it is probably more popular now than it has been in the past. Especially in my own compeitive shooting sport now having a big variety of investment casting kits to choose and to start from. We also have those who just start out with a block of 8620 I believe it is or something else that is appropriate to use. I do know out where I live any firearm now has to be registered even possibly being home made?
    On the other hand who said anything about an illegitimate serial number and how did you come up with that? I believe we're taking about actions that did not have a serial number / being home made for ones own personal use.
    Last edited by Louis.J; 08-02-2020 at 04:06 PM.

  9. #9
    Join Date
    Apr 2017
    Location
    Ames, Iowa
    Posts
    544
    Quote Originally Posted by Louis.J View Post
    Unless the laws have changed it has always been legal for anyone other than a felon to make their own. In fact it is probably more popular now than it has been in the past. Especially in my own compeitive shooting sport now having a big variety of investment casting kits to choose and to start from. We also have those who just start out with a block of 8620 I believe it is or something else that is appropriate to use. I do know out where I live any firearm now has to be registered even possibly being home made?
    On the other hand who said anything about an illegitimate serial number and how did you come up with that? I believe we're taking about actions that did not have a serial number / being home made for ones own personal use.
    If it's not traceable to a legally licensed maker it would be illegitmate, no? If it was stolen and used in say a crime then how would that serial number be traced if it wasn't registered somewhere?

  10. #10
    Join Date
    Oct 2019
    Posts
    248
    classic case of voicing an opinion WITH NO FACTS.
    go read the laws then come back.
    " legally licensed maker" not! here is a clue ffl not required to make an action.

    Quote Originally Posted by antelopedundee View Post
    If it's not traceable to a legally licensed maker it would be illegitmate, no? If it was stolen and used in say a crime then how would that serial number be traced if it wasn't registered somewhere?

  11. #11
    Join Date
    Jul 2007
    Location
    Fort Worth Texas
    Posts
    1,594
    AFAIK the ATF recommends that you put a serial number on any firearm you make for tracing if it's stolen. If you sell you homemade firearm and put a serial number on it and transfer it through a FFL, the FFL would record the serial number in their book. The serial number would be legitimate. I could engrave or stamp a serial number of GTA2 on a 80% lower I completed and that would be valid and legitimate.

  12. #12
    Join Date
    Jul 2016
    Location
    Surprise, AZ
    Posts
    282
    Quote Originally Posted by antelopedundee View Post
    If it's not traceable to a legally licensed maker it would be illegitmate, no? If it was stolen and used in say a crime then how would that serial number be traced if it wasn't registered somewhere?
    In the United States, per federal law (meaning that if you live in a communist state things might not be as favorable) you may manufacture any sort of firearm that you could otherwise legally own, for your own use. There is no requirement for you to mark it with a serial number or any other marking. That much is black and white, clarified many times over by the BATFE.

    If you want to sell / give away such an article, you enter a gray area which basically boils down to intent: did you intend to get rid of said arm when you made it? That would be illegal. If not, it's not illegal. Hard to prove either way.

    As I mentioned earlier, there is no requirement (federally) that you mark your home firearm in any way shape or form. However, it'd be dumb not to - having an identifiable marking can only work in your favor in the event of theft. It's not like you have to tell anyone (federally) what that serial number is until you want to. However, as soon as you want to transfer said Title 1 arm through an FFL it will have to have all the federally requisite markings - serial number, manufacturer's name, city, state, maybe some other stuff I don't recall, all engraved at least 0.003" deep and in a font larger than some specified minimum. That's because your FFL will have to fill out some of that information in their forms. You can legally mark it with your (you being the maker) name, city, state, and serial of your choice and that will suffice.

    Which is a long way of saying it is absolutely legitimate to make and own a firearm that isn't traceable to a licensed manufacturer (said license being only necessary to manufacture for the purpose of sale).

    All that is federal law. State law may impose additional restrictions. Most states do not, but a few do.

    GsT

  13. #13
    Join Date
    Jul 2007
    Location
    Fort Worth Texas
    Posts
    1,594
    Quote Originally Posted by antelopedundee View Post
    If it's not traceable to a legally licensed maker it would be illegitmate, no? If it was stolen and used in say a crime then how would that serial number be traced if it wasn't registered somewhere?
    If you made the gun and put a serial number on it and the gun was stolen then you would report the stolen firearm with the serial number you put on it. Where the crap hits the fan is if you try to make and sell too many guns without a manufacturers license. A one off shouldn't be a problem.

  14. #14
    Join Date
    Jan 2009
    Location
    Ca.
    Posts
    698
    You keep trying to find a solution to a problem that does not exist.

  15. #15
    Join Date
    Apr 2003
    Location
    Western Maryland
    Posts
    120
    Not sure now with all the Putter's in the late 70's thru early 90's I worked for a large wholesaler and on occasion we would get a call from a ATF concerning a weapon that we had received from them and they wanting to know to whom it was sold.
    If it was sold to a stocking dealer then they too would be called ---if sold to Joh Q. Public the trail ended there

    From what the ATF told me @ that time once the firearm reached a NON FFL holder the trail went cold

    Jim

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •