- Joined
- Oct 18, 2016
- Messages
- 2,872
That might make you a manufacter.
I'm not sure why this information keeps getting repeated so often but it's wrong. You can transfer an 80% receiver or any other home built gun and it doesn't make you a manufacturer. At least not in and of itself. If I buy a 10-pack of the 80% receivers and complete them myself, and then I use my fiber laser engraver to mark them with various things......I'm not a manufacturer. Let's say some of those I mark with markings from Star Wars, calling them a Blast Tech DL44 (Han Solos famous handgun) and people think they are cool, and a buddy says he wants to buy one of them I can sell it to him and I'm still not a manufacturer. However, if I mark all 10 that way and sell all of most of them right away......now it really looks like I'm making them to sell and I'm a manufacturer.
With the ATF it's all about intent and what they can prove in court. The fact that you can sell 80%'s or any other home built gun has been well established. even by the ATF themselves.
Some examples to clarify:
- Build a home built firearm and keep it - not a manufacturer
- Build a home built firearm and after several years of use and ownership decide to sell it - not a manufacturer
- Build several home built firearms give them as gifts to friends and family - not a manufacturer
- Build a single home built firearm and decide you don't like it so you sell it - still not a manufacturer
- Build several home built firearms and sell them almost immediately -maybe a manufacturer
- Build several home built firearms, sell them, use the profit to buy more and sell them - Manufacturer
I've built several 80% AR's, and I intend to build more. Mainly I build them so I can mark them however I want, does anyone else have a "Glock" AR in 9mm? I have one, and one in 5.56 because it's fun and cool. (to be fair I will have a rebuilt B'port clone mill marked as a "Binford" so I have a strange sense of humor). I would love to have AR's marked as being built by Mauser, Enfield, Winchester or Weatherby, or any other out of the ordinary makers I decide on. If at some point I tire of them and decide to sell, I will after fully disclosing what they are incase anyone thinks they are real.
Usually folks with good intentions spread the false information that you can't sell them or transfer them or things like that. I'm sure they believe what they are saying and mean well, but they are wrong.
For what it's worth not only have I built 80% firearms (AR lowers), I have also built several Form 1 suppressors, I have had an ATF Type 3 collectors license, and have gone so far as to speak to the ATF regarding getting my 07/02 manufacturer license so I can manufacture and sell not only firearms but suppressors as well and I work in local law enforcement. Take all that for whatever it's worth. I am not a lawyer so.....
Unfortunately all this goes out the window if ATF
NPRM 2021R-05
becomes law on June 22, 2022.