Pennsylvania Firearm Owners Association
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  1. #31
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    Default Re: Firearm law question

    Quote Originally Posted by Gun View Post
    Here's a long discussion on this very topic, http://www.gunsholstersandgear.com/2...emade-firearm/

    Question would be, what does an FFL do with that home-brewed firearm, if being transferred, as required by state law pertaining to handguns
    He marks down the caliber, possibly barrel length, and manufacturer as "Other" or "Hand made" or something similar. .....same as he would as if he were selling a pre-1968 gun that had no serial # or manufacturer's marks.
    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. #32
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    Default Re: Firearm law question

    Quote Originally Posted by HKusp 45 View Post
    He can serialize it then sell it as long as the initial intent was not to sell it. The easier way would be sell you the slide assy, and the lower parts kit then go get your self a polymer 80 lower and finish it yourself. You cannot have him jb weld the holes and he would have a hell of a time doing the same for the tabs that had to be removed.
    This is the best and easiest way.

    They're very easy to mill out, even in aluminum, but I'd imagine a poly would be super easy.

    It can have a serial number engraved by an FFL but it's best that he keeps the lower, he could use it again in the future. I love the suggestion that he sell you the other parts to add to your own lower, if he must sell to you.

    Being a pistol, the sale is tougher legally than a rifle sale would be.
    Psalms 73:26

  3. #33
    Join Date
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    Levittown, Pennsylvania
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    Default Re: Firearm law question

    You sure that's not the 80% lower that you made yourself?
    Legislating to prevent people's acts is fantasy

  4. #34
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    Default Re: Firearm law question

    Quote Originally Posted by ianb1116 View Post
    Where's GunLawyer when you need him?
    . . . .
    He's here, endorsing the following:

    Quote Originally Posted by sawgunner73 View Post
    The firearm can be transferred without having to mark anything on it. ATF "suggests" you mark it with a serial number, but it is not required, and wouldn't help anyway in the case of a trace.
    Quote Originally Posted by knight0334 View Post
    Serial numbers aren't required. You can sell/give away a firearm that you personally manufactured. Only Federally Licensed Manufacturers, and any manufacturer of a NFA device, is required to put a serial number on the firearm/device.
    Quote Originally Posted by knight0334 View Post
    He marks down the caliber, possibly barrel length, and manufacturer as "Other" or "Hand made" or something similar. .....same as he would as if he were selling a pre-1968 gun that had no serial # or manufacturer's marks.
    Dealers have guidance on how to transfer old guns that never had a serial number, and they can do the same here.

    Remember, we have NO "gun registration" in PA, or federally. The fact that both levels of government do their best to keep track of all guns anyway, doesn't translate into a requirement that a private individual who is NOT engaged in the business, would have to abide by the marking requirements which apply to an FFL/SOT. You don't have the privileges of an FFL/SOT, you don't have the obligations of one.

    Does that mean that every ATF employee, every State cop, every local cop, every lawyer will agree? Nope. But for there to be a requirement, there has to be a written statute, or at least a regulation, which applies to a maker who isn't a manufacturer engaged in the business. You register and make an SBR, then yes, you have to mark it. Make your own zip gun for personal use, nope. Sell that zip gun to some rube, then if it's a "firearm" it has to go through an FFL.

    That being said, if you make a dozen Glocks for "personal use" and they all get sold or traded to others, you are probably breaking the law, or at least a jury will think so. Whether a prosecutor can prove it or not is another question, one which lawyers don't get into until the retainer is paid and you're out on bail. But you are certainly breaking the law by transferring a complete handgun in PA to a stranger without an FFL intermediary.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    There's merit to carrying your backup mag in a backup gun.

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