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Author Topic: Answering "What if I want to sell an 80% lower receiver I made?"  (Read 3007 times)

Jefe

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I am not a lawyer and this is not legal advice. What I am sharing here is based on what I have read from ATF.

Q1. Can I sell a firearm/receiver I have made from an 80% receiver/blank?

A1. According to the ATF you can as long as you are not "engaged in the business" as a manufacturer or seller of firearms. Basically if you are making firearms with the intent to sell them you are "engaged in the business". You should know your intent and be able to legally defend that. In addition you must mark the receiver if you do sell/give (transfer) it per the regulations laid out in 27 CFR 478.92 (a)(1)(i).

Reference: ATF FAQ "Individuals manufacturing sporting-type firearms for their own use need not hold Federal Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also, the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully transferred in the future."

Q2. If I sell the firearm I created do I need to register it?

A2. From a Federal standpoint I have found nothing indicating any registration is required. Firearms are not registered with the Federal government. Depending on your state some form of registration may be required.

Q3. Do I need to go through an FFL (Federal Firearms Licensee), aka a "dealer", to complete the sale?

A3. From a Federal standpoint this is not necessary as long as you are selling to a citizen of your state and you do "not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law". Some states require all sales of firearms to be done through an FFL. You may sell to a person from another state, as long as their state does not prohibit it, but you must go through an FFL. For a long gun an FFL in either state may perform the transfer but for handguns the transfer must happen in the state of the buyer. I actually don't know which is the case for a receiver only (neither a long gun nor a hand gun).

Reference ATF FAQ
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