I bet that we can agree that the CFRs and ATF's interpretation of them are muddy and complicated.
From the PDF link:
Quote:
Any person (including any corporation or other legal entity) engaged in the business of performing machining, molding, casting, forging, printing (additive manufacturing) or other manufacturing process to create a firearm frame or receiver, or to make a frame or receiver suitable for use as part of a “weapon ... which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” i.e., a “firearm,”
Engaged in the business... key words.
I completely agree with you that a quick reading of portions of the CFrs and ATF pages could easily lead one to believe that a homemade firearm must be serialized. But the CFRs describe their scope and purpose, and in all the relevant ones that I could find those were for NFA items or manufacturing and dealing. Because homemade firearms are not regulated (unless NFA) no S/N is required.
Before linking more CFRs or ATF docs, consider what I have typed- tell me if I am wrong. I'll do more reading if you think so.
This is the goofiest of ATF FAQs that I have seen... I understand why there are probably boatloads of people who read #5 in the FAQ as meaning that homemade firearms require a S/N.
Quote:
5. When does a receiver need to have markings and/or serial numbers? Receivers that meet the definition of a “firearm” must have markings, including a serial number. See 27 CFR § 478.92 (Firearm manufacturers marking requirements).
They were kind enough to give the title of the CFR as well as the number, so we can go to 27 CFR 478.92 and find the scope and purpose, plus the definitions. They do not apply to a homemade firearm.
Sat Nov 18, 2017 10:17 pm
mcyclonegt
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How about a simple question. I have an ar10 I built on an 80 percent lower. If I die WTF does the wife do with it?
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How about a simple question. I have an ar10 I built on an 80 percent lower. If I die WTF does the wife do with it?
Under federal law, she does the same that you would/could do with it. She becomes the legal owner of a homemade firearm. In case of a transfer in Washington she'd need to keep 594 in mind, and in the box for S/N enter “no serial number,” “NSN,” or “none visible” on the Form 4473.
Watch the video - he's an attorney. Go to time 7:06. While the topic of the video is 80% lowers, the info on marking applies to any home grown firearm. Short answer; you are NOT required by federal law to mark a non-NFA firearm; However ATF strongly suggests that you do so anyway.
Last edited by gunblaster on Sun Nov 19, 2017 8:03 pm, edited 1 time in total.
Sat Nov 18, 2017 11:05 pm
dreadi
Site Supporter / FFL Dealer
Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8374
Ops, email the local ATF branch. I've done that before with NFA questions, and I've received some good help from local agents. They were very friendly and willing to help.
Sun Nov 19, 2017 4:30 am
WaJim
In Memoriam
Location: Tacoma Wa Joined: Tue Oct 8, 2013 Posts: 16607
Real Name: George Bailey
I'm pretty sure all thats 'kinda ' required is an identifying mark somewhere on the receiver....like a birth date or some other memorable marking.
I was advised IF I ever made an 80% to put the mark in an inconspicuous place. This way if it was stolen the police, if they retrieved it, could ask you what and where the mark was.
Positive ID.
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Sun Nov 19, 2017 7:37 am
MadPick
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Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52068
Real Name: Steve
594 transfers interfamial gift require serial number on what doc?
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Tue Nov 21, 2017 7:57 am
MadPick
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