Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by Xringshooter View Post
    You can build a firearm yourself and then later sell it if you want. When you build one, it does not have to have any markings on it. However, if at a later time you decide to sell it, the firearm must be marked (IAW the BATFE regs) with the builders name, city and state and it must have a serial number. That said, if you buy all the parts to build even a single firearm with the intention from the beginning of selling it, you have broken the law. A single (or maybe even a few) sale(s) might fly under the radar, but if done regularly, you probably will get caught.
    That only applies to licensed manufacturers of Title I firearms, and any manufacturer of NFA devices.

    You can build a personally owned firearm, then decide to sell it - no markings required by PA or federal law.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  2. #22
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    (Allegheny County)
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by DavidH View Post
    BUILDING your own firearm & SELLING your own firearm are both Legal actions.
    I get that.

    My point is that given the government’s position that you must have a license to manufacture and sell some of the time, I’m surprised it doesn’t take the position that you must have a license to manufacture and sell all of the time. That’s all. I’m not advocating it take that position. I’m just surprised that it does not do so already.

  3. #23
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by free View Post
    I get that.

    My point is that given the government’s position that you must have a license to manufacture and sell some of the time, I’m surprised it doesn’t take the position that you must have a license to manufacture and sell all of the time. That’s all. I’m not advocating it take that position. I’m just surprised that it does not do so already.
    It's the same as selling cars... you can sell your car but you start selling cars daily and they will say you are in the business of, and want their licensing fees etc

  4. #24
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by USMC3531 View Post
    It's the same as selling cars... you can sell your car but you start selling cars daily and they will say you are in the business of, and want their licensing fees etc
    Except that the law doesn’t say that if you buy a car with the intent of selling it later, that is illegal.

  5. #25
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by free View Post
    Except that the law doesn’t say that if you buy a car with the intent of selling it later, that is illegal.
    Not sure the law actually says that or ots just how they interpret it

  6. #26
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    FEMA Region III - State College, Pennsylvania
    (Centre County)
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by DavidH View Post
    BUILDING your own firearm & SELLING your own firearm are both Legal actions.
    Quote Originally Posted by free View Post
    I get that.

    My point is that given the governmentís position that you must have a license to manufacture and sell some of the time, Iím surprised it doesnít take the position that you must have a license to manufacture and sell all of the time. Thatís all. Iím not advocating it take that position. Iím just surprised that it does not do so already.

    Well, there is a quote from a great thinker of the generation before mine, one Mr. George Carlin. It doesn't answer your question exactly, but there is much similarity with your legal brain teaser... Carlin's mused about the illegality of the world's oldest profession: "Why should prostitution be illegal? Selling is legal. F**king is legal. Why isn't selling f**king legal?"

    They are both enigmas, I say.

  7. #27
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    Feb 2015
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by free View Post
    Strange that if you build something with the intent of selling it, that is illegal.
    But if you build something not intending to sell it, but do sell it, that is legal.

    If you do make it legal at all, why should intent matter? The end result is the same: make a rifle and sell it.

    Seems like if they wanted any consistency, they would just make it illegal to make a rifle without being suitably licensed, period. This is a rare instance of government ďunder reachĒ.

    I mean, imagine a world where if you INTEND to kill your wife when you marry her, that is illegal. But if you decide to kill her 2 years into your marriage, that would be just fine.
    What is the difference in building or buying?
    If you buy a gun with the intent to sell it. It's illegal.

  8. #28
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    Mar 2014
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    NEPA, Pennsylvania
    (Wyoming County)
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    Default Re: PA and Federal laws on custom building a gun?

    Quote Originally Posted by Xringshooter View Post
    You can build a firearm yourself and then later sell it if you want. When you build one, it does not have to have any markings on it. However, if at a later time you decide to sell it, the firearm must be marked (IAW the BATFE regs) with the builders name, city and state and it must have a serial number. That said, if you buy all the parts to build even a single firearm with the intention from the beginning of selling it, you have broken the law. A single (or maybe even a few) sale(s) might fly under the radar, but if done regularly, you probably will get caught.
    Ron I usually think you are spot on with your info, but in my research there is no requirement that you mark the firearm before sale, it is only encouraged.



    http://www.gunsholstersandgear.com/2...emade-firearm/


    *ETA: I see Mr. Knight beat me to it
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

  9. #29
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    Jan 2007
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    Default Re: PA and Federal laws on custom building a gun?

    Knight0334 and ExFlyingguy, I had second thoughts after I made that comment and started doing some research. You are correct, I was incorrect, if you build a gun for yourself it needs no markings and if you decide to sell you don't have to mark it. Really no different than a pre-'68 gun with no serial numbers, perfectly legal to sell. I will submit to my 20 lashes with a wet noodle and edit my post as to not confuse people.
    Last edited by Xringshooter; October 11th, 2019 at 01:15 PM.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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