Pennsylvania Firearm Owners Association
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  1. #1
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    May 2014
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    Default selling/buying a kit made gun

    A local shop has an M1919 .30 cal Browning that was built as a semi-auto gun by "a local machinist".

    I'm interested in the gun... It has a serial number on it from his build, and I'd be buying the gun from an FFL. The guy had made several of them over the years, but was getting older and had sold them to the shop.

    What are the complications of buying a gun that was manufactured from a kit? I know you can make a gun for your own possession and there isn't any BATF paperwork, but what about selling that gun later? Does the gun have to have been registered with the BATF as being manufactured in order for it to be transferable? Is there any way to verify that it has been registered as being manufactured? And if it turns out to not have been handled properly from a paperwork point of view, who would face the legal jeopardy? The guy who made it, or would the violation be on the current owner?

  2. #2
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    Default Re: selling/buying a kit made gun

    Doesnt need to be 'registered" as being made , just all the GCA/NFA rules apply like anything else.


    pop the cover and check the sideplate and bolt assembly.
    If it's older it might be ORF's setup or maybe, better yet KMP.



    Once it's through an ffl , balls' in their hands.
    Wacky D is not a rapper, Wacky D is an entertainer !

  3. #3
    Join Date
    Aug 2013
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    Lehigh Valley, Pennsylvania
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    Default Re: selling/buying a kit made gun

    Quote Originally Posted by Stooperzero View Post
    Doesnt need to be 'registered" as being made , just all the GCA/NFA rules apply like anything else.

    pop the cover and check the sideplate and bolt assembly. If it's older it might be ORF's setup or maybe, better yet KMP.

    Once it's through an ffl , balls' in their hands.
    Can we get a translation here please?
    Illegitimus non carborundum est

  4. #4
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    Aug 2010
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    Default Re: selling/buying a kit made gun

    Buy it the gun is going through an FFL. I would only be concerned with how I would feed my new child. come to think of it I may have some .308 links and cloths belts laying around. IANAL
    “Proclaim Liberty throughout all the Land unto all the Inhabitants thereof.

  5. #5
    Join Date
    Jan 2013
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    Berks County, Pennsylvania
    (Berks County)
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    Default Re: selling/buying a kit made gun

    You can't build a gun to sell it because ATF says by doing that you're in a business and need the proper license. If you build a gun, then later decide to sell it, it's no different than selling any other gun. Some FFL's get worked up over a home build with no SN, but you don't even have that situation here. There are no legal concerns here OP.

  6. #6
    Join Date
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    USN Retired, Pennsylvania
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    Default Re: selling/buying a kit made gun

    Quote Originally Posted by curio View Post
    A local shop has an M1919 .30 cal Browning that was built as a semi-auto gun by "a local machinist".

    I'm interested in the gun... It has a serial number on it from his build, and I'd be buying the gun from an FFL. The guy had made several of them over the years, but was getting older and had sold them to the shop.

    What are the complications of buying a gun that was manufactured from a kit? I know you can make a gun for your own possession and there isn't any BATF paperwork, but what about selling that gun later? Does the gun have to have been registered with the BATF as being manufactured in order for it to be transferable? Is there any way to verify that it has been registered as being manufactured? And if it turns out to not have been handled properly from a paperwork point of view, who would face the legal jeopardy? The guy who made it, or would the violation be on the current owner?
    That "local machinist" better be an 07 FFL. You build and sell your an manufacturer. An 01 can't even put a kit together and sell.

    That being said there are legal .30 and .50cal semi only side plates.

  7. #7
    Join Date
    Jan 2007
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: selling/buying a kit made gun

    Where in the OP does it say that the guy "built them to sell them"?

    Hint: Nowhere
    You're Invited!LAST GROUP SHOOT of 2018! - Saturday, Oct 20th (link)

  8. #8
    Join Date
    Jan 2013
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    Berks County, Pennsylvania
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    Default Re: selling/buying a kit made gun

    Quote Originally Posted by Rosco the Iroc View Post
    That "local machinist" better be an 07 FFL. You build and sell your an manufacturer. An 01 can't even put a kit together and sell.

    That being said there are legal .30 and .50cal semi only side plates.
    Quote Originally Posted by Emptymag View Post
    Where in the OP does it say that the guy "built them to sell them"?

    Hint: Nowhere
    Correct. Burden of proof would be on ATF. Were they built with the intent to sell? Did he build a few over years or decades, then just decide to sell? Or build 10 within a year, then sell a month later? If someone builds 50 from kits over his lifetime, then gets to a point where they can't be used, etc., they can be sold.

  9. #9
    Join Date
    Aug 2010
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    South East of disorder
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    Default Re: selling/buying a kit made gun

    Quote Originally Posted by curio View Post
    A local shop has an M1919 .30 cal Browning that was built as a semi-auto gun by "a local machinist".

    I'm interested in the gun... It has a serial number on it from his build, and I'd be buying the gun from an FFL. The guy had made several of them over the years, but was getting older and had sold them to the shop.
    This leads me to the fact that the guy could no longer handle the weight of the guns. I have had one and they are heavy. The fact that he was a machinist, would only leave me to believe the guns were built right. It does not appear to me he was manufacturing guns. I would buy it without hesitaton.
    “Proclaim Liberty throughout all the Land unto all the Inhabitants thereof.

  10. #10
    Join Date
    May 2018
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    Philadelphia, Pennsylvania
    (Delaware County)
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    Default Re: selling/buying a kit made gun

    Another who agrees with those saying it's no big deal. You can sell ANY gun you have built so long as you have stamped/etched a serial number in the receiver. It's like selling any other firearm. However, it is illegal to BUILD firearms with intent to sell for the SOLE PURPOSE of making profit. But as another pointed out, it's the ATF's burdan of proof.

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