Gun Turn In 'Buy Back': Homemade Shotguns for Cash

Gun Watch ^ | 13 April, 2015 | Dean Weingarten

[Blood of Tyrants]

9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?
Firearms may be lawfully made by persons who do not hold a manufacturer’s license under the GCA provided they are not for sale or distribution and the maker is not prohibited from receiving or possessing firearms.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCkQFjAB&url=https%3A%2F%2Fwww.atf.gov%2Ffiles%2Ffirearms%2Findustry%2F0501-firearms-top-10-qas.pdf&ei=pbktVdKtK4OgNv2eg6AI&usg=AFQjCNExovh7ZCOmoCqX30t7DidvmaYDtA&sig2=qA2hAgzV2_uuukpgoYkU8A&bvm=bv.90790515,d.eXY&cad=rja

[rickomatic]

9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale? Firearms may be lawfully made by persons who do not hold a manufacturer’s license under the GCA provided they are not for sale or distribution and the maker is not prohibited from receiving or possessing firearms.

Making a firearm. "For sale" is not the same as selling a homemade firearm. It is a subtle difference, but a difference, non the less. This has been discussed endlessly on all of the gun builder forums I've been on. No one ever had an example of someone charged with selling a "homemade" firearm. People who made and sold on a regular basis, yes. But that was because they were considered illegal manufacturers.

[Blood of Tyrants]

I doubt that the ATF will care about the subtlety.

[xander]

Thanks, I see now that the legal length mentioned in the article would imply there is a longer barrel element missing in the photo. That would facilitate the chamber and slamming action. Certainly easier to reload, too.

[marktwain]

“I doubt that the ATF will care about the subtlety.”

I have heard that a number of federal prosecutors are not taking any short barreled shotgun cases because of this mess. I do not have sources, other than it was told to me while discussing this issue at the NRA annual meeting.

It is not a crime that has a lot of prosecutions in any case.

[rickomatic]

Here is a snippet from a response to a letter to BATFE specifically asking about disposition of a homemade firearm. If you google "selling a homemade firearm" and "practical machinist" (the forum it was posted on" you will find copies of the original letter. The only thing I was unaware of was the need to mark it if sold. Other than that, as you can see, right from the horse's mouth, you can, indeed transfer to a 3rd party legally.

Also, for your information, a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use. As long as the firearm remains in the custody of the person who manufactured it, the firearm need not be marked with a serial number or name and location of the manufacturer. However, if the firearm is transferred to another party at some point in the future, the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92 (formerly 178.92).