"Home Made" Receiver question

Ritz · January 18, 2014, 08:14 AM

Background:

I have an interest in machining, CNC rigs, etc. I was thinking of monkeying around with some 80% receivers and finishing them to make sure my tooling is up to snuff. Then I wanted to try machining my own AR lower receiver from a block of 7075 T6 aluminum. I also use the same equipment to make (occasionally) custom parts for my hotrodding habit.

Questions:

After a lot of searching and reading, I've come to the conclusion that it's perfectly legal to make my own receivers and use them myself. What isn't clear is what becomes of the receivers if (a) I die or if (b) I don't want them anymore. In the case of (a), can they be passed along to my children? In the case of (b), can you eventually sell them (or give them away) if you can somehow "prove" they were not made with the intent to become a manufacturer?

Comment:

This isn't really a cost thing since it's undoubtedly a LOT cheaper to just pay an FFL a transfer fee and buy a pre-made receiver. I just want to see if I can do it myself, but don't want to be stuck with an expensive paperweight if I don't want it anymore sometime down the line.

Best,

crashxl · January 18, 2014, 09:21 AM

As far as I know you can not sell them! Not sure about what happens if you die. It would make sense that you could leave them to your children but we all know the gov. Has very little sense.

Nickel Plated · January 18, 2014, 09:44 AM

Yes, you CAN sell them or give them to someone else. The ATF "suggests" that you put a serial number on it (just whatever you want to make up) but it is not a legal requirement even if you sell it eventually.

Simply selling a receiver that you made howevermany years ago does not put you into "manufacturing with intent to sell" category. Now if you start cranking out dozens of the exact same thing and they start showing up on Armslist, that's a different story. But I highly doubt the ATF will be able to show that you intended to make a business of selling guns with just a couple different receivers you made 3 years ago and then sold because you didn't want them anymore. nor will they bother to.

The other issue is I don't know how many people would be willing to buy a receiver that some guy cobbled together in his garage with absolutely no proof that he knew what he was doing.

crashxl · January 18, 2014, 11:11 AM

http://youtu.be/30i_6awxEG4

johnwilliamson062 · January 18, 2014, 11:58 PM

I have seen two home made receivers advertised for sale. Both sold without problem. I was surprised, but think about all the people inquiring about having someone they don't know reload ammunition for them and it isn't as surprising.

I am in the process of purchasing a CNC lathe with live tooling that should allow me to do most anything I like. I imagine I will be experimenting with designs a lot. I guess it is possible I could try to sell some that don't turn out just how I like, but the liability for such a gun would be a big consideration. I wouldn't worry much about gifting them though. With a letter signed by the person who receives it indicating they agree to use it only as a paperweight.

HiBC · January 19, 2014, 11:50 AM

I'm not a lawyer,don't listen to me...

My understanding is you can prototype one of something that would otherwise be a legal firearm.My understanding is,make receiver #2 and you have become a manufacturer.I could be wrong.Be careful

**Aguila Blanca** · January 19, 2014, 02:10 PM

Quote:

Originally Posted by HiBC

My understanding is you can prototype one of something that would otherwise be a legal firearm.My understanding is,make receiver #2 and you have become a manufacturer.I could be wrong.Be careful

You are wrong. Manufacturing your own firearm is not limited to "prototyping" or to one firearm. Making your own is allowed if it is for your own, personal use. As long as your intent is to make it and use it (or just look at it and fondle it), not to sell it for a profit as soon as it's finished -- you can make as many of the same thing as you want.

People who complete so-called "80%" 1911 and AR-15 receivers aren't prototyping anything.

vranasaurus · January 21, 2014, 10:55 PM

What isn't prohibited by law is allowed. (Except for the tax code) Under what code section is the selling of a homemade receiver prohibited? Under what section does it prohibit manufacturing more than one homemade receiver?

The law prohibits one from engaging in the business of manufacturing without a license. Now from a practical perspective it is best to avoid even the appearance of engaging in a business of manufacturing. You avoid the appearance of a business operation by limiting numbers and also not making receivers and immediately reselling them.

The mere appearance of engaging in the business will likely result in scrutiny from the BATFE.

I would personally never sell a receiver I made/finished. Not because it is illegal but because it is not worth any possible hassle.

Armorer-at-Law · January 22, 2014, 01:51 PM

Quote:

Under what code section is the selling of a homemade receiver prohibited?

No federal law. But state laws may differ. For example, in NJ one cannot engage in the manufacture of any firearm without a state "license." A similar law against what the antis have termed "ghost guns" has been proposed in California. I don't know about other states.

January 18, 2014, 08:14 AM	#1
Ritz Senior Member Join Date: January 18, 2013 Location: Virginia Posts: 283	"Home Made" Receiver question Background: I have an interest in machining, CNC rigs, etc. I was thinking of monkeying around with some 80% receivers and finishing them to make sure my tooling is up to snuff. Then I wanted to try machining my own AR lower receiver from a block of 7075 T6 aluminum. I also use the same equipment to make (occasionally) custom parts for my hotrodding habit. Questions: After a lot of searching and reading, I've come to the conclusion that it's perfectly legal to make my own receivers and use them myself. What isn't clear is what becomes of the receivers if (a) I die or if (b) I don't want them anymore. In the case of (a), can they be passed along to my children? In the case of (b), can you eventually sell them (or give them away) if you can somehow "prove" they were not made with the intent to become a manufacturer? Comment: This isn't really a cost thing since it's undoubtedly a LOT cheaper to just pay an FFL a transfer fee and buy a pre-made receiver. I just want to see if I can do it myself, but don't want to be stuck with an expensive paperweight if I don't want it anymore sometime down the line. Best,

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January 18, 2014, 09:21 AM	#2
crashxl Member Join Date: January 1, 2014 Posts: 51	As far as I know you can not sell them! Not sure about what happens if you die. It would make sense that you could leave them to your children but we all know the gov. Has very little sense.

January 18, 2014, 09:44 AM	#3
Nickel Plated Senior Member Join Date: January 17, 2010 Location: Brooklyn, NYC Posts: 610	Yes, you CAN sell them or give them to someone else. The ATF "suggests" that you put a serial number on it (just whatever you want to make up) but it is not a legal requirement even if you sell it eventually. Simply selling a receiver that you made howevermany years ago does not put you into "manufacturing with intent to sell" category. Now if you start cranking out dozens of the exact same thing and they start showing up on Armslist, that's a different story. But I highly doubt the ATF will be able to show that you intended to make a business of selling guns with just a couple different receivers you made 3 years ago and then sold because you didn't want them anymore. nor will they bother to. The other issue is I don't know how many people would be willing to buy a receiver that some guy cobbled together in his garage with absolutely no proof that he knew what he was doing.

January 18, 2014, 11:11 AM	#4
crashxl Member Join Date: January 1, 2014 Posts: 51	http://youtu.be/30i_6awxEG4

January 18, 2014, 11:58 PM	#5
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	I have seen two home made receivers advertised for sale. Both sold without problem. I was surprised, but think about all the people inquiring about having someone they don't know reload ammunition for them and it isn't as surprising. I am in the process of purchasing a CNC lathe with live tooling that should allow me to do most anything I like. I imagine I will be experimenting with designs a lot. I guess it is possible I could try to sell some that don't turn out just how I like, but the liability for such a gun would be a big consideration. I wouldn't worry much about gifting them though. With a letter signed by the person who receives it indicating they agree to use it only as a paperweight.

January 19, 2014, 11:50 AM	#6
HiBC Senior Member Join Date: November 13, 2006 Posts: 8,283	I'm not a lawyer,don't listen to me... My understanding is you can prototype one of something that would otherwise be a legal firearm.My understanding is,make receiver #2 and you have become a manufacturer.I could be wrong.Be careful

January 21, 2014, 10:55 PM	#8
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	What isn't prohibited by law is allowed. (Except for the tax code) Under what code section is the selling of a homemade receiver prohibited? Under what section does it prohibit manufacturing more than one homemade receiver? The law prohibits one from engaging in the business of manufacturing without a license. Now from a practical perspective it is best to avoid even the appearance of engaging in a business of manufacturing. You avoid the appearance of a business operation by limiting numbers and also not making receivers and immediately reselling them. The mere appearance of engaging in the business will likely result in scrutiny from the BATFE. I would personally never sell a receiver I made/finished. Not because it is illegal but because it is not worth any possible hassle.