It might be worth mentioning that there are a few more traps than have been mentioned thus far.
It's not so much if you can sell it. More on that in a minute. It's about who is gonna buy it?
So you make an AR-15 (popular idea) and decide to turn it. Forgetting for moment that:
1. The Lower *is* the gun. You can R&R every part on it and still have the same gun as long as it's that lower.
2. The Lower doesn't have all that much to do with accuracy. So trading out a whole gun is relying heavily on superstition.
3. If you just wanted something "better" you could, as easily, take your *upper* to the gunshow and trade that with zero risk.
However, let's say you do. A trade is made. You're gonna be mostly fine, at least for a while.
The guy that *bought* that gun may not be. Here's how it (sometimes) goes:
"I see you're in possession of an gun without a serial." (always a good lead-in to get you to admit ownership)
"Why yes I am," says the proud owner, not realizing he's ceded that fact.
"Did you manufacture this gun?" (this is Trip Up question #1. The correct answer is always "No". Always. You did not manufacture it. In our example, our poor guy will unwittingly give the correct answer.)
"No, i did not." (good answer. Now for the followup...)
"Oh, I see, so you did not MAKE the gun?" (This is Trip-Up #2. It sounds like an innocent repeat. It is not. You always answer "Yes" to Make. Make and Manufacture have very different legal definitions and you never, ever Manufacture anything. You Make it. Manufacture is with the intent to sell and requires licensing -- on many levels and many products, i might add. However, our poor Citizen just got in a jam, being the honest sort that he is.)
"No, I didn't make it. I got it from a guy." (telling the truth is often a good idea -- not as good as keeping your mouth shut, but good enough -- but things will get ugly from here.)
"Can you tell us who he is?" (translation: "do you know his name, address, DOB, SSN, and DL?" Because the interrogation has just started and SOMEONE is going to be arrested. Someone. Doesn't matter who. A Fed that's not behind a desk is only looking for two things: a righteous bust and some good headlines. As far as they're concerned, they just stumbled onto the North American gun connection of the Medellin Cartel unless this guy can somehow prove otherwise.)
At this point, someone is gonna have no more gunshow. If the guy fingers you, you both get ushered somewhere for a Q&A session that will last quite some time. If he can't finger you, he will get this all by himself.
You see, yes, it is perfectly legal to transfer a gun you made. No prob. I suggest you give it to your kid, or close relative. The Bureau doesn't mind that, especially when there's a homespun happy Norman Rockwell story to go along with it. But if not that, they're gonna wanna know why. And they will ask a thousand times, a thousand different ways until you either trip up or you tire them out. Guess what will probably happen first?
They will ask you the same kinds of subjects I led this post with. Mostly centered around "why?"
"I wanted something better."
"I wanted something more accurate."
"I wanted something bigger."
"I wanted something traditional."
"I wanted something concealable." (oh, boy...)
Each one of these answers are completely and perfectly lawful and legal. But each one will cost you another hour in a folding chair. Because they're gonna know, true or not, that you're trafficking. They'll know every counter-argument about each one of these and try to trip you up in your reasoning. They'll ask (and investigate) all your credit card transactions to see just how many of these 80% units you've ever purchased and from whom and who all else you know that has them. You'll be asked on every step of every procedure to complete the Lower and you better get it right each time they ask or they start again. ("I though you said the light on your mill was a gooseneck. Let's take it from the top.") And though you've done absolutely nothing wrong, they will counter with "Neither have we!" And they will be right. They're allowed to question people.
In a day of recklessly expanding government coupled with an anti-Citizen administration, they'll have no trouble returning to the tactics of 1982-83. And just remember, you're paying for all this with taxes. Further, it entirely depends on who it is and whether they like you or not. One office will not say a thing. The adjacent Region will call out the Spanish Inquisition. No reason, no rhyme. Completely capricious. So location means a lot. It may be some Agent needs a gold star or a leg up to put some sparkle in their folder. You simply never know.
So what's a guy to do? Your options are several, actually. Go ahead and build. To date, the actual building of an 80% is really a safe undertaking. Lots of court decisions have gone our way from years ago so they stay out. Build several. Build a bunch! So far, no problem at all. Enjoy yourself.
Again, you can pass it to your relative. No problem. Questions are few, if any. If your house is like mine, there's enough hands-on time from all concerned that a solid case of just who made the thing -- me or my kids -- would be hard to determine, anyway. The Bureau loves this, really. This is "John Q American" to them.
Don't sell it. Yes, it's legal. Yes, you're right. Yes, they're an oppressive and despotic tyranny. Yes, someone needs to stand up to them. Maybe it ought notta be you, this time. Once you sell it, and they find out (and them finding out is genuinely the key, here), they will burn the midnight oil finding the hundreds you sold that they didn't know about, whether you did or not.
If you just HAVE to get rid of the thing then strip it. Get rid of the upper and the parts. You can sell those freely. Cut the lower into pieces and pitch it. If anyone were to come knocking (which will absolutely never happen) you just fouled it up beyond repair during the machining and it was never a functioning gun. "Darn my luck. I wanted that to work out." Or some kind of regret. Again, this interview will never happen, but if it did....
And finally, never utter a word to any official anyone without legal counsel present. Including and especially the Feds of any stripe. Wait in the chair. Wait in the car. There will be some waiting, but if you get into a tough situation where it's obvious they're fishing for something, you might could state your case one time ("I made it; I sold it") and that is all (and probably you shouldn't do that). If it elevates, your response should be something like,
"Agent, clearly this is a sensitive issue of legal complexity. I have every desire to cooperate fully and completely in every regard. However, to ensure all of my rights are protected, I will not be saying anything more without the presence of counsel." And leave it at that. With a little luck, you might eat supper at home.
Let me repeat: this is pivotal on them finding out or noticing. Probably never gonna happen. But it could. The guy you sell it to has "a gun with no serial numbers" -- that's a headline all by itself. You don't want to be near that.
Wrat
Started out....By the end...
