ATF Answers Questions on 80 Percent Lower Receiver Blanks

80 Percent Lower Receivers AR15
80 Percent AR15 Lower Receivers
BATFE
BATFE

Washington, DC –-(Ammoland.com)- 1. Is ATF aware of the receiver blanks, commonly referred to as 80 percent lower receivers?
ATF routinely collaborates with the firearms industry and law enforcement to monitor new technologies and current manufacturing trends that could potentially impact the safety of the public.

2. What is an “80%” or “unfinished” receiver?
“80% receiver,” “80% finished,” “80% complete,” “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of firearm frame or receiver found in the Gun Control Act of 1968 (GCA). These are not statutory terms or terms ATF employs or endorses.

3. Are “80%” or “unfinished” receivers illegal?
Receiver blanks that do not meet the definition of a “firearm” are not subject to regulation under the GCA. The ATF has long held that items such as receiver blanks, “castings” or “machined bodies” in which the fire-control cavity area is completely solid and un-machined have not reached the “stage of manufacture” which would result in the classification of a firearm per the GCA.

See comparison examples:

80 Percent Lower
80 percent Receiver Blanks Pic 1
80 Percent Receiver Blanks Pic 2
80 percent Receiver Blanks Pic 2
80 % Lower Receiver Blanks Pic 3
80 percent Receiver Blanks Pic 3

4. Are there restrictions on who can purchase receiver blank?
The GCA does not impose restrictions on receiver blanks that do not meet the definition of a “firearm.”

5. When does a receiver need to have markings and/or serial numbers?
Receivers that meet the definition of a “firearm” must have markings, including a serial number. See 27 CFR § 478.92 (Firearm manufacturers marking requirements).

6. Can functioning firearms made from receiver blanks be traced?
ATF successfully traces crime guns to the first retail purchaser in most instances. ATF starts with the manufacturer and goes through the entire chain of distribution to find who first bought the firearm from a licensed dealer.  Because receiver blanks do not have markings or serial numbers, when firearms made from such receiver blanks are found at a crime scene, it is usually not possible to trace the firearm or determine its history, which hinders crime gun investigations jeopardizing public safety.

7. Have firearms made from unmarked receiver blanks been recovered after being used in a crime?
Yes, firearms that began as receiver blanks have been recovered after shooting incidents, from gang members and from prohibited people after they have been used to commit crimes.

8. Are some items being marketed as non-firearm “unfinished” or “80%” receivers actually considered firearms?
Yes, in some cases, items being marketed as unfinished or “80%” receivers do meet the definition of a “firearm” as defined in the GCA. Persons who are unsure about whether an item they are planning to buy or sell is considered a firearm under the GCA should contact ATF’s Firearms Technology Branch (FTB).

9. What is ATF doing in regard to people making firearms?
There are no federal restrictions on an individual making a firearm for personal use, as long as it does not violate the GCA or National Firearms Act (NFA).

10. What is the National Firearms Act (NFA)?
The NFA imposes a tax on the making, transfer or import of certain firearms recognized to present a greater risk to public safety. The law also requires the registration of all NFA firearms as defined in title 26 USC 5845(a):

(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device.
(Under the NFA the term “firearm” does not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the [Attorney General] finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

11. Can an individual make large quantities of firearms and sell them?
If an individual is “engaged in the business” (defined below) as a manufacturer or seller of firearms then that person must obtain a federal firearms license.  In addition, manufacturers have a variety of specific responsibilities under the Gun Control Act, such as including a serial number and other markings on all firearms.

Under 18 U.S.C. 921 (a)(21)(A), the term “engaged in the business” means— 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.

12. Can anyone make firearms and sell them?
With certain exceptions, and subject to any state law that might apply, as long as an individual is not prohibited from possessing a firearm, he or she can make a firearm for personal use. If an individual wants to manufacture and sell firearms, he or she is required to obtain a license, and mark each firearm manufactured in accordance with 27 CFR 478.92. [18 U.S.C. 923(i), 26 U.S.C. 5822]

13. Who can obtain a Federal Firearms License (FFL)?
ATF will approve a properly executed application if the applicant:

  • Submits fingerprint cards;
  • Submits a frontal view photograph;
  • Is 21 years of age or older;
  • Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition in interstate or foreign commerce;
  • Has not willfully violated the GCA or its regulations;
  • Has not willfully failed to disclose material information or willfully made false statements concerning material facts in connection with his application;
  • Has premises for conducting the business
  • The applicant certifies that:
    • the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located;
    • within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business;
    • the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met;
    • the applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
    • secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).

[18 U.S.C. 923(d)(1), 27 CFR 478.47(b)]
Under federal law, an application shall be approved if an applicant for a federal firearms license or a manufacturing license meets all of the licensing requirements and criteria.

14. How does one apply for a Federal Firearms License?
Submit ATF Form 7 (5310.12), Application for License, with the appropriate fee in accordance with the instructions on the form to ATF.


80% Receiver Build Resources:

  • 78 thoughts on “ATF Answers Questions on 80 Percent Lower Receiver Blanks

    1. Cheaper right now to purchase stripped aluminum receiver already completed, unless you really want one with no markings just to piss off your local police or game warden when he says you removed the serial number. You answer No I manufactured it in accordance with ATF regulations with no markings.

      1. Number 5 in this article states that you have to serialize the 80% complete. I thought you didn’t have to. Can anyone shed some light on this?

        1. If the for control cavity is machined including just dimples for the rider pins then it is a firearm even though it is not ready to be built with out further machine work. Take a good look at the three pictures.

        2. If you keep the weapon for personal use…..no numbers needed. If you wish to sell the weapon….numbers, roll mark, and a license to “engage in the business of……

          That said, I build ARs regularly. I mark them for my own inventory, out of sight , under the pistol grip.

    2. http://www.atf.gov/content/contact-us/pressroom/receiver-blanks-Q%26As
      Please note that this is a link to the ATF website for the full Q&A, as well as the original photographs provided by the ATF (not Ammoland). The reason I post this comment is that having the ATF document in tact with the proper cite could assist its admissibility in the event that a defendant or defense counsel wanted to state a reliance upon a government publication. (In particular, the photographs might not otherwise be admissible, as altered by Ammoland.)

    3. Can a person who Is Restricted From Gun Ownershp Legally Possess An 80 percent lower If He Or She Does NOT Do Any Further Machine Work And Make It Into Firearm?

      1. “Is a person who is restricted from owning a firearm restricted from owning an item that is not a firearm.”… What a stupid question.

      2. Paul, the 80% lower, uncut, is NOT a firearm, it is just a piece of metal (or poly). If you are a “prohibited person”, you can still purchase and own one. DO NOT cut that sucker a bit or you risk the slammer.

    4. @ Paul
      Contrary to what the “know-it-all” Jon wrote, it is not a stupid question.

      There are many reasons why I believe owning an 80% receiver by a person prohibited from possessing firearms is a

      bad idea.

      First, state and local laws are often different regarding firearms. Example, federal laws don’t regulate antique

      firearms. Most state laws do. So even if federal law might not consider it a crime for a prohibited possessor to

      own an 80% receiver, state and local laws might.

      Second, there is constructive possession. Even though constructive possession generally applies to class III

      firearms, it might be used against a prohibited possessor that owned an 80% receiver, especially if all the other

      parts of the firearm and the tools needed to construct the firearm were also owned. I wouldn’t want to be the

      “test case” on that prosecution.

      Third, is malicious prosecution. There are plenty of anti-gun, over zealous, ignorant, prosecutors out there. I

      don’t doubt for a second that they would attempt to malicously prosecute a prohibited possessor that owned an 80%

      receiver. There is a saying that applies here “you might beat the rap, but you wont beat the ride”. This type of

      prosecution can ruin a person. Finances and debt, reputation, your employment can all be negatively impacted.

      My advice, don’t own any part of a fiream if you are a prohibited possessor.

      1. Well, “what you believe” and what is fact based on the ATF regulations are two different things. Just for the record …. but ya, 80% is a chunk of metal and nothing more. If law enforcement tries to slap you with some legaleez on it … chances are you were doing something else stupid, that gave them traction to bust your punk butt. Also, not only the AR platform has billets. Keep in mind DO NOT go at the 1911 billets which are the common other builds people do, unless you have a pistol permit in your town/state. Just having those causes all kind of grief. AR billets .. not so much. 1911 … ya, that’s another level of wtf you’d get from 5.0.

        1. Most states don’t require pistol permits to own a pistol and such things are actually illegal by statute in some states such as Florida. The only exception in The South is NC.

    5. Why would a prohibited possessor WANT anything related to the things that will help put him in jail? Even if it’s legal, and his right, it would be just dumb and a waste of money?

    6. What about states that “require” a person who makes their own firearm under the GCA to serialized it and register it?
      Does the “Federal” GCA take precedent over that states Laws requiring the previously mentioned?

      1. State laws take precedent over federal laws in every matter. Typically there are no state laws that are more lax than federal laws. If there isn’t a specific state law, federal law is the unwritten state law. More than you asked for but good information to have anytime you run into conflicting laws.

        1. Respectfully, Jay, you are mistaken here. State laws do not “take precedence over federal laws in every matter.” In most cases, they operate side-by-side, and the more restrictive law becomes the standard that you must observe to stay out of trouble. There are areas of federal preemption, in which cases federal law completely defines the law. So, for example, if a state law said that it is OK for you to have a fully-automatic AR, in violation of the NFA, the Feds would still stick it to you.

        2. Federal Law trumps state law every time. Its been that way since the beginning of the country. Just because your state won’t prosecute you for something, doesn’t mean the feds won’t Just look at drug laws. States can legalize drugs all they want, but that won’t stop the feds from kicking your door in and raiding you. Don’t give advice if you don’t know what in the hell you’re talking about!

          1. Sorry but it has not been that way since the ‘beginning of the country’ .. Our country began as sovereign states and federal regulation was illegal. Abraham Lincoln fought the south over that very issue, as he wanted to place tariffs (taxes) on southern states, which was illegal without their own sovereign consent. Thus began the civil war, which contrary to indoctrinated belief, was not about slavery.

            1. EXACTLY !! That’s why the South called it “The War of Northern Aggression”. It could also have been called the war of FEDERAL aggression – into states [sovereign rights]. The southern states and their agricultural ‘exports’ – made up most of the taxable economy – which funded 90% of the federal government. When the states declined to continue to pay these federal taxes (essentially taxation without representation), and after the federal government made other laws illegally restricting the state’s sovereignty, war resulted.
              Of course, there were false flags (which are always required to drag the population into the horrors of war). https://www.lewrockwell.com/2013/08/thomas-dilorenzo/the-liefare-warfare-state/ Though there is no shooting [yet] here in 2016, that war continues by the federal government overreach and in the courts today.

        3. @Jay, That is the worst pronouncement about law that I have ever read or even heard. Where did you get that “State laws take precedence over federal laws in every matter.” stuff?

      2. Just had 4 day meeting with ATF and per 1968 gun control act and thing classified as a firearm must be serialized
        This includes 80% lowers made into a firearm and this also includes 80% with drill dimples etc is classified as fire arms must be registered and serialized per 1968 gun control act
        There is no way to avoid it no matter what company’s tell you
        Any police, sheriff, trooper, fish and game, that catches anybody with a unregistered, unserialized weapon of any type manufactured after 1968 is most likely going to jail you and prosecute you. If not count a.. A lucky bast…

        Dave

        1. Wrong.

          https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

          Direct quote from the ATF site:

          “Additionally, although markings are not required on firearms manufactured for personal use
          (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial
          number and/ or other marks of identification to aid in investigation or recovery by State or local
          law enforcement officials in the event of a theft or loss of the privately owned firearm. ”

          Serial numbers are recommended, not required, and that is clearly stated in the ATF, Q&A document.

          The part that you missed during your 4 day meeting is an important part. Anything classified as a firearm that is being sold or transferred must be serialized. You are spreading misinformation by your lack of understanding of the law.

        2. Most states do not have gun registration and nor does the Federal (except NFA tax stamps). Its easier to list the short list of states that do than those that don’t.

    7. What are the laws concerning trade or sale of an 80% lower that has been finished. I built a 80% lower .308. And I’m bored with it and want to trade it off or sell it to fund a new build. I’m in florida.

      1. Brian,

        To be safe, I would remove the upper, strip the lower, and sell everything but the receiver. You won’t be out much by keeping the receiver, wouldn’t be breaking any laws, and if you got the itch for another rifle somewhere down the road you would already have a receiver to build on.

      2. You can sell any gun you make as long as you’re not engaged in it as a business. No need to strip parts. It will need to be serialized before the sale though.

        1. I’d love to see a source on that. The only reference I’ve ever seen regarding a requirement to serialize is if you’re a mfg (FFL06) or an importer. fabricating a firearm for personal use, from an “80% lower” constitutes neither.

    8. The definition of dealer includes a statement that someone intends to make a living or profit off of selling. Now that we know that making large amounts of money from dead babies isn’t profit, does that logic work for charging “acquisition fees” for weapons without dealer license as well?

    9. About state laws taking precedent over Federal Law, I beg to differ on this point. Montana tried to enact a law that a resident could build and use a gun as long as it did not cross state to state. Other wise leave Montana. I have not looked lately but It has been in the courts for years. ATF told the state of Montana citizens to “Just Try It”. We are still trying to over rule ATF. I did not see anything about ATF requiring a serial number. They are just waiting to arrest some on who has constructed a gun with a lower not purchased by a person with an FFL license. Google it and read.

      1. Here in Alaska they pass the same type laws, saying that you can make anything, including silencers and full auto, legal by simply engraving “Made in Alaska” on it. A man in Fairbanks was smart enough to test those laws, and needless to say it did not end well for him. The feds simply ignored his take on things and went about their business.

        1. The difference is that if Alaska passed such a law it is contrary to the National Firearms Act of 1934 which regulates machine guns. Completing an 80% receiver violates no federal laws, but may violate state laws. The People’s Republic of Kalifornia just passed a law stating that by a certain date all completed 80% receivers must be engraved and registered.

    10. How many “home built” AR-15 rifles made by me personally using an 80% lower can I personally own (with no intent to sell or distribute)? I don’t see number anywhere on the ATF, BATFE sites.

    11. I live in CT and am interested in making an AR out of an 80% lower. CT has passed some crazy gun laws and I just want to find out if there are any restrictions on making and or owning a home made firearm out of an 80% lower. I understand that the ATF says that it is legal but I want to know if the state of CT has restricted this. I can not find out any information.

      1. You have to comply with BOTH state and federal law — you don’t get to choose one. And it doesn’t matter if you built it yourself, or if you had it built (all or partially) by someone else.

      2. Your best bet is to call the Special Firearms Licensing Unit and they should be able to answer your questions. I’m considering the same idea but with an AK-74, especially since most European AK manufacturers don’t stamp the lower and put the serial number on the barrel trunnion. I too want to be able to do this legally but this is all gray area because the new laws don’t expressly allow or forbid it.

      3. I contacted the special licensing unit ad it turns out it is illegal to make an AR in this fashion, because it is “manufactured” after the ban date.

        1. Question I have: how does one prove date of manufacture? Let’s say I machined one 10 years ago, what’s to prevent the law from insuring I built it last year? Likewise, if one was manufactured today, how could it be proven that I didn’t make it 10 years ago?

      4. No longer legal to possess an AR or copy in CT whether made by you or not unless it was registered with the state prior to the ban.

    12. In reading the comments I was surprised to see so many free citizens afraid of your GOD given rights. Wondering if you really know what your rights are or not. Waiting for some higher being (ATF) to look down on you in kindness and give you wisdom in your ignorance. Dave you have all kind of reasons not to try this or that or not be on this side or the other and you are right you will never have to take a stand or do what’s going to put you in a hard spot. Judging by your own words. Does it just not matter to you? Don’t most all of you remember a time in this GREAT UNITED STATES, that most every person instead or ringing their hands, knew the great rights we in this Country had been given not by man or government, state or federal but by our GOD and CREATOR and His servants our forefathers. Such as THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED!!! It does not say guns, knives, swords it says arms. Anyone for an F-16? How about an Abrams tank, Bradly fighting vehicle? Those are ARMS. You get my point. Who is the created (government) to tell the Creator (People) what they should or should not have. And by the way the created (government) have been doing just a dandy job now haven’t they? I am thankful to live in my fathers and mothers land and my blood lines are as mixed up as everyone else. But if we are going to make it we have to be strong as a people. The government is to protect us not to harass us. How about if someone commits a crime serves their sentence and commits no other crimes, after a period of time say twenty years, we cut them some slack, no they are treated like filth they can’t get a job to make an honest living, we won’t rent them a decent room or apartment. Things are made as unnecessarily hard as possible but it was them that messed up. And if they pay the price. I am surprised that what few people who are mostly young offenders, make it through without getting in more trouble . We need to pull some back and help them find a different way with a clean start at some point. If that means with hunting and having a gun to be able to protect their family then yes they have that right no mater who says other wise. And if not, when did we give up?

      1. you are completely right, the biggest problems is the tyrant at the door with bigger guns and popular (ignorant) opinion, educating the people of our true rights as humans and government overreach are needed. only then will people stand up and demand freedom.

      2. Who is this God you speak of? Does he have an FFL? I need to know. I hear his sh*t is dope, though.

      3. Jack Norton says:
        February 2, 2016 at 11:59 PM

        In reading the comments I was surprised to see so many free citizens afraid of your GOD given rights.

        Well, a god given right does not help when they put you in jail for 10 to 15 years.

    13. To all you guys and Gauls out there that want to get a 80% lower and make your own AR
      It is legal to do so but it must have a serial number and be registered per ready act 1968
      Hince to all you people the way to reguister it is thru ATF Form 1 call make and reguister a firearm

      It is against federal and state laws to own any firearm made after 1968 law passed which states all firearms must be serial numbered and registered and it has to be registered with the federal gov that’s why the have such a form #1 called make and register a firearm

      Have fun but do it legal and register it
      Dave A

      1. Dave: You missed the important part of the regulation concerning the sale or transfer of a an 80% lower. That is the only case where a serial number would be required for someone who privately manufactured an 80% lower
        .
        https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

        “Additionally, although markings are not required on firearms manufactured for personal use
        (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial
        number and/ or other marks of identification to aid in investigation or recovery by State or local
        law enforcement officials in the event of a theft or loss of the privately owned firearm. ”

        As you can see, serial numbers are not a requirement, only a recommendation. They are required ONLY when selling or transferring.

    14. This article states that it is illegal to make a unmarked AR and sell it without a license and Serial number but it doesn’t mention if it’s legal or illegal to give a AR you built to a sibling or friend as a gift without making a profit off of it. Anyone able to shed light?

      1. Giving an unmarked AR that you made to a sibling or friend as a gift would be a transfer. Therefore, a serial number is required. The ONLY time they’re not required is for YOUR PERSONAL USE.

        https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

        “Additionally, although markings are not required on firearms manufactured for personal use
        (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial
        number and/ or other marks of identification to aid in investigation or recovery by State or local
        law enforcement officials in the event of a theft or loss of the privately owned firearm. ”

        As you can see, serial numbers are not a requirement, only a recommendation. They are required ONLY when selling or transferring.

        1. You can make as many as you want for personal use. You can give them to your children as gifts, you can leave them to a friend in your will. You can NOT build them with the INTENTION of selling them.
          I do not believe that they are even required if you did sell one that you grew tired of.

          1. We are talking about serial numbers. Yes, you can give weapons to others. BUT,

            Additional Identifying Marks

            “Federal law does not require a homemade gun to have an identifying marker (such as a serial number), as long as it remains in the possession of the original maker. However, if the gun is subsequently sold or otherwise transferred, it should be marked prior to its disposition. The ATF suggests that all homemade firearms be marked with a serial number as a safeguard in the event the firearm is lost or stolen, but requires it if the gun is otherwise lawfully transferred in the future.”

            http://www.criminaldefenselawyer.com/resources/can-i-sell-or-give-my-homemade-gun-another-person.htm#

            Note where it says serial numbers are required if transferred or sold. You may wish to ignore the law if you want.

    15. If i complete a 80% and make it into a functional firearm would i be able to use it for when i work im a security guard and im armed but want to build a 80%er and would like to know if i can use it outside of home at work

    16. If you build one and it is not forbiden (like a plain old AR-15 in CA) you do not need to serealize it unless you transfer it (aka sell, or give to a family member).
      If you make them to sell, they need the SN, your name, city & state engraved on it, and once you reach a specified number built, (not a lot) you need an FFL to be legal.

    17. If you make an AR-15 and you build lower yourself you may keep it without a serial number.
      However, if you intend to sell it or give it away to anyone, you need to mark it appropriately with your name, city, state, and a serial number.
      There are some communities that have local restrictions on magazine sizes and some require items like the bullet buttons in California, so there are a few local restrictions that need to be followed.
      If you build your own gun and you retain possession of it you’re not federally required to serialize it.

      1. Unless you live in a free state. Some of us don’t have to beg permission and pay a poll tax to exercise our civil rights. We feel sorry for those stuck in Repressive utopias but there is little we can do, it’s too late to work within the system and too early to shoot the …….

        1. @ ExNuke, An NFA tax on silencers and fully automatic weapons is also an unconstitutional infringement on our Civil Rights. It will only be too late to work within the system if Trump loses. In the in-between time is the time to gather food for a year per person, ammunition for a year per weapon, gather meds, make personal connections, develop secure comms, and plan.

      1. The ATF also states the following:

        Additionally, although markings are not required on firearms manufactured for personal use
        (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial number and/ or other marks of identification to aid in investigation or recovery by State or local
        law enforcement officials in the event of a theft or loss of the privately owned firearm.

        https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

        This is why I didn’t go this route.

        I don’t like ATF gray areas.

      2. If you are a manufacturer, yes, they have to be marked, but one you intend to keep, no numbers needed (except when you live in a screwed up state and have a state requirement to register all semiauto rifles with detachable magazines).

    18. Just focus on compliance with state laws. Federal law really don’t mean nothing to us down Texas way. We know the ATF is a criminal enterprise who sole purpose is to make life hell for lawabiding citizens. Just focus on state law.

    19. I milled out my first every 80% lower – AR15 and have been enjoying it; but now, California will make it illegal unless I serialize it by next year.

      The lower I milled does have identifying marks – I used a laser to put the family last name and an insignia.

      Question: Can I give my milled 80% lower to my brother in Texas?

      1. did you read the laws? you technically can not pass on a finished 80% lower whether it be passing to a kid blah blah or selling privately and so on. but then again whats the saying ‘we’re free to do as we wish as long as we dont get caught’

        1. You most certainly can pass on a finished 80% lower to your kid. Because it’s technically a transfer, just make sure it’s engraved with a serial number if you want to be 100% legal.

      2. Can you give it to your brother in Texas–NO
        As for marking a lower or any weapon there are rules for that (marking) too. Must be engraved as a laser does not dig into the metal. You must go a minimum of .003 deep on the engraving (that is three thousandths) and put your name, address to include city and state and a serial number of some makeup on it. (helps law enforcement in the return to you if stolen or lost. (No markings and it cannot be returned if found or recovered)
        ATF has said you may not sell homemade weapons without first registering them on a Form 1 .This is on top of any state laws you might have to deal with on where you live or plan on selling / shipping the weapon.
        You make a weapon out of a 80% lower it is yours and only yours forever. If your finished owning it, you are by ATF rule required to destroy it, not sell it or give it away. Of course you could always leave it unmarked until your done with it and then engrave your brothers info onto it and then it would be hard to prove otherwise unless your brother would at some point open his chops and say out loud to someone you made it for him and that he has no idea on how it was done and or something to that effect. Then a snitch for the ATF passes that along and you get a knock on the door…………..knock knock.

        1. Why the hell does the ATF such authority over our liberties. This sucks and so does California. I don’t expect a response. i am just venting out loud. ha!

    20. I live in California, I milled out my 80% lower but I put it together as a featureless build no flash hider changed out my bird cage for a muzzle brake fixed A2 stock and no pistol grip used a monsterman style grip made out of kydex do I still have to register it. it is not considered a assault weapon under this configuration.

    21. I’ve been trying to find out something and I have yet to find an answer. I’m pretty sure that if you finish a 80% AR15 lower that you can not leave it to anyone, even a family member in case of your death. In other words, you finish it you’re married to it for ever. The question I have is what if both my wife and I build/finish off 80% lowers and one of us passed away, would I be able to keep the ones she made since we both used the same equipment to finish ours?

      1. Who is to say who built what.
        And if anyone has a lower with no SN on it, putting a name and SN on it as required will make it legal to hand down or sell.
        Who is to say if dad or his son, or daughter built it unless someone tells the ATF?
        Most “POLICE WORK” is just getting people to put a noose around their own necks with loose lips!

      2. You are making things WAAAY too complicated. The relevant word is “intent” … you cannot make them with the intent to pass them to another person. So don’t. Just don’t.

        Shut up about who made what between you and your wife … because that could (wildly theoretical at the moment) be used in court to establish intent. More than that, the firearms -don’t-exist- until discovered by law enforcement. If your wife were to pass away the day before the BATFE kicks down your door, you explain that you made all of them. Every stinking one. If you are the one in the box, she should say the same. Both of you should be prepared to demonstrate that you have the requisite skills if both of you are going to claim to be the maker of the firearms.

        If I make five and, as the years pass and my sense of priorities change, I could even sell them to strangers … having had no INTENT to do so originally. My sons could certainly receive them if my wife decided to dispose of them in that fashion. Remember that, at present, there is no registration for private transfers. You made them. You died. Your spouse passed them along to other (non-prohibited) persons. The can be no proof of intent on your part. There is no intent at all on her part if she was not the maker but merely the harmless transferee.

        Do us all a favor and don’t sell them to prohibited persons. But other than that, make them, use them, and, should the time ever come and you need to dispose of them to make the mortgage, sell them.

        This is not a license to open up a small factory in your basement (the presence of 1,000 identical firearms could be problematic), but it IS enough slack to make firearms for your own use and enjoyment. Got a couple kids? Make enough of a single model that you can hold family competitions at get-togethers if you want to. Make a .22 variant to teach your grandchildren with … one that goes back in YOUR closet at the end of the day. You can make these firearms for any legal purpose EXCEPT with the intent of selling them.

        I’m not a lawyer and you should not rely on the above in preference to the legal advice of competent legal counsel. The above is nothing more than my own understanding after having read the plain text of the regulations in this matter which are readily available from the BATFE.

      3. @Jack the deceased are the best people to blame things on. “Oh yeah, Uncle Bill gave me that before he died, Mr ATF Special Agent Man. He said I it was entirely ok. You should go talk to him about it!” The feds blame their errors on older, deader, higher up employees all the time. And then you shut up and stay shut up.

    22. The requirement for serial number when completing an 80% assertion is actually false. The link takes you to the supposedly relevant ATF section, BUT……the section deals with IMPORTED firearms, not owner built domestically made firearms.

    23. All Gun Law Experts ATF is Above The Law what ever they make up is what it is all Fed Proscutors.Judges,System is in there pocket they win 98.7%!All 80% Buyers thats a RAID IN PROGRESS!Check ARES ARMOR all they wanted was his 80% sales records!THERE COMING be prepared any thing you cannot afford to loose you know what you should do i would say but do not want my 80 year old blind mother harmed or killed! My knowledge CLUB FED!LIVED IT!BEWARE THEY ARE COMING!FOR THE REAL STORY LOOK FOR THE BOOK “CANNIBAL OF THE ATF”Tells the real deal!Will be on the shelfs as soon as moms gone or guaranteed safe!!Oh Yea whats really going on to Legal Gun Owners would scare you to DEATH!!RE -SEARCH Before its to late thats all i can say!Thanks!

    24. Can I legally finish a 80 percent lower for someone on my CNC if they physically push the the green button themselves? Would that be considered them making it themselves? its a gray area??

    Leave a Reply

    Your email address will not be published. Required fields are marked *