Can you sell an AR15 that was constructed from an 80% lower? The answer is yes, you can sell an AR15 that was built from an 80% lower receiver. In fact, this includes other 80% style receivers and home built firearms. 1911s are another popular one for example. Most people are not required to engrave serial number markings in it (a few states have restrictions, but we are referring to Federal law here).
The amount of bad or incorrect legal information I see float around the internet boggles my mind. Selling a gun built on an 80% lower is often a pretty hot topic in various internet discussion boards. This is my effort to clear up some of the misconceptions. I've done my research on this, I have read the actual text of the law unlike so many keyboard commando internet operators that preach it is illegal to sell an AR15 built on an 80% lower. Guys, you're wrong. I will explain how and why.
First it is important that we look at the actual text of the law about this. A lot of the misconceptions about this topic are due to a misunderstanding of the legal definition of "manufacturer". Just because you made a receiver (or manufactured it as some would say) does not make you a manufacturer under the law.
Here is the actual text of the law.
§921. Definitions
(9) The term "importer" means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term "licensed importer" means any such person licensed under the provisions of this chapter.
(10) The term "manufacturer" means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term "licensed manufacturer" means any such person licensed under the provisions of this chapter.
(21) The term "engaged in the business" means-
(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; an
(22) The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection
I don't know about you, but the definition of a manufacturer under the law is pretty clear. Your average person just selling off part of their collection in a normal casual private party sale does NOT meet the definition of a manufacturer. They are not "engaged in the business". Now if one were making multiple ARs from 80% lowers and selling them on a regular basis then they would most likely fall under the definition of a manufacturer.
This brings the next question, the question about serial numbers. Who is required to engrave a serial number into a firearm they made (or manufactured as some people would say), like in the case of a completed 80% AR15 lower receiver? This is addressed in the Gun Control Act as well. Also, who is required to have a license in order to manufacture these 80% lowers? Lets take a look and see what the law says.
§923. Licensing
(a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General.
(i) Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.
There is that term again! "engage in the business". We have already covered what that means, and an average private party sale does not fall into the definition of "engaged in the business". There is nothing in the Gun Control Act of 1968 that requires a private citizen to serialize a completed 80% lower. There is nothing that requires a serial number before someone sells it.
STOP SPREADING BAD INFORMATION. If you have not read the law then you have no business telling others about it. When you spread the false information when you think you know the law (because you saw something on the internet or read some article) you're doing nothing but hurting the firearms community. Come on guys, use your heads. Verify information before you start telling others what the law is. Frankly, I'm sick and tired of seeing people selling an AR on an 80% lower get attacked by all the keyboard commandos who claim that it is illegal. Get your facts straight before you run your mouth about it.
As I said, verify the information yourself. Don't take my word for it. Read the actual text of the law. If you still don't believe me then because you're too dense to understand it then maybe these attached images will help you. During a debate about this very subject on a large Facebook group (I defended someone who was selling a gun built on an 80% lower that was getting attacked by keyboard commandos) I was challenged to write the ATF about the subject. Well I did, and here is their response. They seem to say the same exact thing that I claim. You can click on the thumbnails to enlarge the attached pictures.
If the pictures are too hard to see (might be too small to read on a mobile device), here is the letter and response text.
Quote:
Originally Posted by John
Hi,
I am writing to clear up something regarding finished 80% AR-15 lower receivers.
If an individual manufactures an AR-15 from an un-serialized 80% lower receiver (including machining the 80% to complete it into a functional lower receiver) in accordance to the Gun Control Act of 1968 for private use, are they able to legally sell it (under Federal regulations) at a later date without serial number and manufacturer markings?
I have read the Gun Control Act of 1968 and the marking requirements. It is specified that licensed manufacturers and importers are required to have engraved markings. The Gun Control Act also allows private citizens to manufacture firearms that are exempt from the serial number and manufacturer markings.
If at a later date someone decides to sell their firearm without a serial number that they manufactured in accordance with the Gun Control Act of 1968 in an effort to expand their personal collection of firearms would it be legal under Federal law and regulations?
Thank you for your time and answer. Please provide a written response to me at the following address :
**address edited for privacy**
--John Furman
Quote:
Originally Posted by Dawn Smith, Program Manager FIPB
Mr. Furman, Thank you for your inquiry to the Firearms Industry Programs Branch (FIPB). The answer to your question is yes, if you make a firearm for yourself without any markings, when you decide to sell that firearm you can sell it without markings. You are correct, the GCA only requires licensed Importers and manufacturers to mark their firearms.
As long as you are making for yourself without the intent to sell or making for someone else you do not need to mark the firearms you make.
I hope that answers your question.
Thank you,
Dawn Smith
Program Manager FIPB
Any questions now?
STOP SPREADING BAD LEGAL INFORMATION
DISCLAIMER : I am not an attorney. I'm just someone who is providing information for educational purposes. Before you read and believe anything on the internet (even this) you should do your own research and draw your own conclusions. It is best to read these regulations directly from the source instead of an article on the internet. Above I provided a link to where you can find the actual text of the law and read it for yourself.
