View Single Post
  #7  
Old 06-29-2016, 02:40 PM
Gatorade's Avatar
Gatorade Gatorade is offline
COTEP Member
 
Join Date: May 2014
Posts: 2,615
Thanks: 802
Thanked 643 Times in 156 Posts
Default

Just got off the phone with ATF DC Branch. Under Federal guidelines you can MAKE a firearm from an 80% lower and transfer it without any markings to any person legally able to own a firearm as long as they are a resident of the same state or if it is left in a will to someone out of state. It does not need a serial number. Florida law allows private transfer between individuals without any paperwork as long as both individuals are legally able to possess that particular firearm. I asked specifically if I completed an 80% (unfinished, is the ATF term) lower receiver and I were to pass away would my family be able to sell it if they wanted to. Yes. So long as it is a legal sale as noted above.

When you complete a lower into a firearm you become a MAKER. You can make as many as you want. There is no limit that you hit and become a MANUFACTURER. A manufacturer manufacturers firearms as a business and is required to serialize product. You or I would be considered MAKERS, not MANUFACTURERS.

Now what your ATF agent may have meant was that under NJ law the transfer of a firearm may have different legalities. If you need to do a background check on private or family sales then you may also need a serial number. You can engrave any serial number you would like as long as it is not already used.

So if you were in FL and wanted to serialize your finished 80% lower as SN#BlackKnight then so be it. If you sell your finished lower to an individual you would probably want to serialize it and transfer it like a regular firearm. However in my case I want to make one to pass down. Yes they can still sell it but I hope it would mean enough to my family to keep it in the family.
__________________
CBOB0746
NRA Life Member
Florida CWL Since 1992
Reply With Quote