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Selling a COMPLETED Polymer 80

38K views 119 replies 41 participants last post by  byf43  
#1 ·
I've been researching a bit and I cannot come to a definitive conclusion as to what the requirements are (if any) regarding selling a completed P80 frame to an individual.

I did not make the P80 for resale purposes, I just have a friend that wants to buy it from me.

Can any of you shed some light on this?
 
#3 · (Edited)
I am NOT a lawyer, but, it is my understanding that IF this (completed) P80 does not have a serial number, you can NOT sell it.

I do believe that you have to get the firearm serialized to satisfy BATFE.

Otherwise you MAY be eligible for an extended stay at the Federal Graybar Hotel.
 
#5 ·
#8 ·
I understand that there is a price to pay for not obeying an unconstitutional law but really , unless you were dumb enough to put you building it on you tube , How could anyone PROVE you even built it ? Do you really think they would spend much time on a petty thing like this ? It would boil down to your word against his . Lay the gun on the table and walk away , If you come back and some money is on the table , it is done .DON'T ASK , DON'T TELL .
 
#11 ·
Easy to prove it came from said computer . Proving the fingers that typed it , Not so easy . OP said it was a friend , If they could legally purchase a firearm , not a felon and so on , I would not have a problem making it happen . I personally didn't sell one time at a gun show because I just didn't get a feeling the guy was on the up and up. We have to use some judgement on our part . Legal today might not be legal tomorrow . They are making and changing the laws so much now that we can't keep up with the laws .
I have a Mossberg Shockwave and before it is over , someone somewhere will get arrested for a NFA firearm without a stamp . Not knocking the men in Blue but most are not gun people . Someone will pull the tape out or the 18" wooden dowel and the cuffs will be on . The officers have a lot on them and I would not want to do their job. I worked for a police department for over 15 years as a mechanic on the vehicles . There was about 600 officers and only a hand full were really into guns . Again this is not meant as a slam on the officers .
They will get out of it because they are legal for now ( unless someone gets their ink pen out and bans them like the bump stocks ). Also remember the Brace ,legal to shoulder , not legal , legal again . The majority of gun community are law abiding people as the criminals will always be criminals . Before it is over with ,all the 80% firearms might be illegal , along with the braces , the short firearms that shoot shotgun shells and so on . They are slinging so much poop on the wall in Washington that eventually something is going to stick .
 
#13 ·
There is a metal plate cast into them for a serial number . I was checking on another project and you just have to find someone who can engrave a number on it . However it is best to do it before you finish it . It is not a firearm and can be mailed USPS until you finish it and then it is a firearm and a handgun and only FFL's can ship handguns by the USPS. Fed Ex and UPS will ship a handgun but it is expensive . That is if you don't find someone local .
 
#19 ·
I’ve heard and read everything from it needs to be serialized, to it doesn’t need to be serialized, you can’t sel it, you can sell it because it was never made to be sold to begin with. Which, the fact I have put over 700 rounds through it makes it a used fun and isn’t brand new.

All I wanted to do was get y’all’s opinion.

I’ll just keep it. I told him to get one and I can help him out if he has any hang ups drilling/milling one out.

I honestly think there really is no problem with a face-to- face sell if one wants to do that with a P80. If one wanted to sell it through a shop or FFL, it must have a serial number. However most any FFL wouldn’t deal with it anyhow.

I have in fact seen P80 competed frames/guns for sale on armslist, openly. Whether or not they were legit sales, someone trying set someone up...I don’t know.

It’s an interesting discussion...
 
#32 ·
I’ll just keep it. I told him to get one and I can help him out if he has any hang ups drilling/milling one out.
.
No no no no no, PLEASE don’t do that and especially don’t tell us about it. Selling it is legally grey and sketchy. Getting your hands involved in somebody else’s 80% build is absolutely, positively illegal.
 
#22 ·
When you ask people a legality question and get a bunch of different answers, you know law enforcement will have those same different answers.

So the real question is do you want to be a test case?

I can easily see your friend accidentally saying yeah my buddy built it for me.

At the very least, I'd think about selling it for less than the parts cost.
 
#24 ·
To further clarify and/or confuse -

https://www.atf.gov/file/11711/download


And................

I quote from: https://www.atf.gov/firearms/qa/does-individual-need-license-make-firearm-personal-use

Does an individual need a license to make a firearm for personal use?
No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]
 
#26 ·
No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution.
I read that as a question intent. On it's face it appears that it would be okay to sell a firearm you made as long as you had no intention of selling it when you made it.
 
#27 ·
That's if you make it to intentionally sell though, correct? If you loaded some ammo, it sat around and you never used, then you sell it to your buddy, wouldn't that be fine?
 
#30 ·
unless you are an 07 FFL in order to sell the frame it would have to be serialized. federal laws allow you to make a firearm for personal use only and if you make one with the intent to sell (which OP did not i believe) you have to have a 07 FFL Manufactures license.

i am not sure if the serial number once applied would need to be recorded somewhere though but to the OP your best option without getting in any trouble is to have your friend purchase his OWN P80 lower and let him build it himself with guidance from you on how you did yours. be careful not to touch his or manually help him in any way or you are in the manufacturer mode again.

its not worth the time to spend in club fed to make a few bucks on something.
 
#42 · (Edited)
It is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesen't have a serial number. It is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesn't have a serial number. It is not illegal. Did I mention that it is not illegal. I thought I would mention that it is not illegal.

It would be illegal ---ONLY--- if the gun was homemade with the intention of selling it, i.e, the person making it intended to sell it when they made it i.e, went into the business of making guns. In which case they would need a manufacturing license.

Otherwise...

...it is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesn't have a serial number. It is not illegal.
 
#43 ·
It is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesen't have a serial number. It is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesn't have a serial number. It is not illegal. Did I mention that it is not illegal. I thought I would mention that it is not illegal.

It would be illegal ---ONLY--- if the gun was homemade with the intention of selling it, i.e, the person making it intended to sell it when they made it i.e, went into the business of making guns. In which case they would need a manufacturing license.

Otherwise...

...it is not illegal to sell a homemade gun. It is not illegal to sell a gun that doesn't have a serial number. It is not illegal.
Like I said, I don’t know.

But take it from a prosecutor view. How do you show intent?

The man just made a P80. He sold it to a friend. Sounds like intent to sell.

Nowhere is the part his friend saw it , liked it, so the maker sold it to his friend but didn’t have intent to sell when he made it. If he made it, waited two years then sold it, it would be harder to “show” intent that he made it to sell.
 
#44 ·
Q: How must firearms be identified?
  • You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows:
  1. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver thereof an individual serial number. The serial number must be placed in a manner not susceptible of being readily obliterated, altered, or removed, and must not duplicate any serial number placed by you on any other firearm. For firearms manufactured, imported, or made on and after January 30, 2002, the engraving, casting, or stamping (impressing) of the serial number must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch; and

  2. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed), or placed on the frame, receiver, or barrel thereof certain additional information. This information must be placed in a manner not susceptible of being readily obliterated, altered or removed. For firearms manufactured, imported, or made on and after January 30, 2002, the engraving, casting, or stamping (impressing) of this information must be to a minimum depth of .003 inch. The additional information includes:
    1. The model, if such designation has been made;

    2. The caliber or gauge;

    3. Your name (or recognized abbreviation) and also, when applicable, the same of the foreign manufacturer or maker;

    4. In the case of a domestically made firearm, the city and State (or recognized abbreviation thereof) where you as the manufacturer maintain your place of business, or where you, as the maker, made the firearm; and

    5. In the case of an imported firearm, the name of the country in which it was manufactured and the city and State (or recognized abbreviation thereof) where you as the importer maintain your place of business. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134.