Authorities Suspect Gun Used in Midland Was Illegally Made and Sold

breitbart.com ^ | 9/5/2019 | AWR Hawkins

[rktman]

Law enforcement authorities believe the gun used in Saturday’s Midland-Odessa shooting was illegally made and illegally sold from a man in Lubbock, Texas.

The Wall Street Journal (WSJ) reported that authorities have “a person of interest” they believe may have made the gun at his home before selling it to the gunman who opened fire on August 31.

It is legal to piece together a gun at home for personal use in numerous states around the country, but it is illegal to sell that gun.

[Redleg Duke]

The “Antis” call them “Ghost Guns”! Very scary, you know!

[marktwain]

If you manufacture an 80% lower and assemble it as a weapon you cannot transfer it to anyone. Period. Thats Federal law.

I believe you are mistaken.

You cannot make the firearm for sale without a federal license. You must make it for personal use.

After some period of time it simply becomes another firearm you own.

You may then sell it without hindrance.

The traditional time period for removal from a commercial category to a private one is one year.

The BATFE suggests that you put a serial number on it.

It is not required by law, because you are not federally licensed manufacturer.

California requires you apply for a serial number before you make a personal firearm, but in most states it is not required.

[Trailerpark Badass]

No. There is no prohibition, at the Federal level, on selling a firearm you’ve made, nor is it required to have a serial number.

It is considered a violation to make a gun, with the intention of selling it. Doing that requires a license, and as a licensed manufacturer, you are required to mark the firearms with certain information, including a serial number.

[DAC21]

Building your own from the 80% lower is still even allowed in California if you can believe that.

The laws did change last year, and I don’t recall the changes but I believe there was a cutoff date to get you home made guns serialized without having to register them. After that date I believe you had to register the lower on an AR-15 and other builds. Also a mag lock is required but entrepreneurs have mitigated that with slick quick releases which videos of can be found on YouTube.

[lapsus calami]

 

 

Or disinformation spewing from the media. They've been spiking the ball all day about this, as if it's somehow illegal even to possess parts to put something together without being a legit manufacturer. As if you were to have an AR15 BCG laying around on your desk, better expect a visit from a SWAT team. Shaking my head.

 

 

[Charles Martel]

It is considered a violation to make a gun, with the intention of selling it.

Yep, that's the point where the lawyers converge. From the following excerpt (Sept. 3 article on Breitbart), it looks like they're going to throw some sort of Title 18 charges at the person who sold that completed lower receiver:

****

"The person who sold the gun to the Midland shooter may face “federal charges.” Such charges would depend on what the seller knew about the shooter, including knowledge of things such as the shooter’s mental condition and the fact the shooter had already failed a background check."

[Trailerpark Badass]

it’s definitely a crime to knowingly transfer any firearm to a prohibited person.

[William Tell]

"... a cutoff date to get you home made guns serialized without having to register them. "

I don't think that is right. I believe that if you owned a homemade gun just prior to the effective date of the law that you had a choice. You could put your own markings on it but were then required to register it. Alternatively, you could apply to the state for a serial number and apply that number to the firearm, thus registering it.

For firearms made after the effective date of the new law, the only option is to request and receive a serial number prior to beginning the build.

If I'm wrong about this I welcome any corrections.

[William Tell]

"Also a mag lock is required ..."

If you wish to have the "evil features" of an AR15, then you have to have a fixed magazine. There are, I think, several ways to accomplish this.

If you are willing to give up the pistol grip, the adjustable stock, the flash suppressor, and any forward grip, then you can continue to operate the rifle using detachable magazines. (There may be some "evil features" that I missed, like a barrel shroud, etc. Best to check this carefully.)