PA and Federal laws on custom building a gun?

[knight0334]

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.

[free]

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.

[USMC3531]

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

[free]

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.

[USMC3531]

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

[Fortytwo]

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.

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.

[ExFlyinguy]

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

[Xringshooter]

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.