This is not a veiled for sale ad. Just curious if I'm allowed to sell (private party) a complete or finished Polymer80 build. There's no serial number on the frame, of course. But there are serial numbers on the factory Glock slide and barrel. Since I'm not an FFL and not in the business of selling guns, can I still sell this for the purpose of "rotating" my collection? Or do I have to have the frame engraved? I certainly wouldn't want to use the same serial number that's on the slide and barrel, since that one obviously exists on a real Glock frame too.
I've been researching this more since posting the question. The law requiring marking only applies to manufacturers and dealers. I'm neither and I built this gun a while ago with no intent to sell or gift it. I don't plan to build anymore either.
|Doin' what I can |
with what I got
Keep hunting, someone has to have written a legal opinion on this.
I remember there was a lot of noise when these came out that they could not be transferred, and at least one or two news articles about people who had been caught selling them to people who shouldn't have gotten firearms.
Death smiles at us all. Be sure you smile back.
I think you're into a bit of a semi-grey area. Once the lower is complete, it is considered a firearm and subject to federal/state laws.
Anyways, I think this answers your question:
If you complete a 80% lower, it becomes a firearm...solely for personal use...but once you sell, trade or distribute it..YOU are required to have ATF license to manufacture firearms for sale or distribution -AND- the firearm is required to have an approved serial number.
|Go ahead punk, make my day|
Not sure what the law is, but my personal opinion is NFA stuff and home brew firearms are life time acquisitions. Simply too much potential drama / loss of money to sell.
Honestly, I think you are probably fine selling one, one time. Now when you become the P80 builder of the month and sell them all the time, I think they'll take issue with that.
IMO this is the correct answer. At this points you have only two means of separating yourself from this firearm.
Option One is to strip all of the parts out of the lower and put it into a burn barrel or something similar. Since it's polymer it won't be long before it's an unidentifiable blob.
Option Two is to turn it into a local Law Enforcement agency for destruction. BTW, not a fan of option two because you will end up on a "watch list" somewhere. I'm also not a fan of these 80% lowers because if for any reason Law Enforcement becomes aware of a person building on one of these lowers that person will end up on a Watch List for those needing "watching closely".
I've stopped counting.
Pretty sure my local LE agency wouldn't take it. Why would they? I have a CCW, legally own the stuff, have no criminal record, etc. LE is not in the waste disposal or document destruction biz. And even crime guns in AZ are prohibited from being destroyed. I am not a manufacturer, didn't build this one up with the intent to sell and kept/used it long enough to make a reasonable argument that I didn't build with the intent to sell. I'm no longer worried about selling this.
I am not a manufacturer, didn't build this one up with the intent to sell and kept/used it long enough to make a reasonable argument that I didn't build with the intent to sell.
You answered your own question- you built the gun from parts. Want to argue in court that you are not a manufacturer? You took a conglomeration of separate, individual parts, and turned them into a firearm. How long do you have to hold on to a firearm to convince a jury of anti-gun citizens that you didn’t intend to sell it? If you do sell it, I am sure some forum members will visit you weekly, and bring soap and smokes!
Was looking at 80% lowers yesterday, and it sure doesn’t seem to be worth it by the time you buy the tools, jigs, and uppers just for one gun, and if you do more than one, and sell it, or any of them, you are opening yourself up for potential problems with an anti-gun prosecutor. See Alvarez v. Janet Reno!
A superior pilot is best defined as one who uses his superior judgment to avoid situations requiring the use of his superior skill.
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