Skip to comments.Authorities Suspect Gun Used in Midland Was Illegally Made and Sold
Posted on 09/05/2019 10:30:49 AM PDT by rktman
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The Antis call them Ghost Guns! Very scary, you know!
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.
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.
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.
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 shooters mental condition and the fact the shooter had already failed a background check."
its definitely a crime to knowingly transfer any firearm to a prohibited person.
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.
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.)
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