Selling a P80 build?

[HnK]

That may have been covered but my search isn't working. I built one and decided striker fired isn't for me. Can it be sold complete or is it better to sell the parts and destroy the completed frame?

 

[johny5]

That may have been covered but my search isn't working. I built one and decided striker fired isn't for me. Can it be sold complete or is it better to sell the parts and destroy the completed frame?

These seem like two distinct questions to me:
1. Can it be sold complete?
2. Is it better to sell the parts and destroy the completed frame?

Seems like you are seeking legal advice, which I would not ever offer in an online forum. That said, I would suggest that you focus on the second question.

 

[ACC]

From my novice understanding, in order to sell it you need to:

1. Have not manufactured it with the intention of selling it.
2. Have it engraved with a serial number
3. Sell it to an individual legally permitted to purchase and own a handgun.

DISCLAIMER: I am not an attorney and I would advise you to contact an attorney to get an official legal opinion before proceeding.

 

[KokomoDave]

I don't believe it could be sold w/o approval of BATFE if it has been in any condition beyond 80%. I sure wouldn't want to be targeted as a "manufacturer" by the goobermint.

 

[Shootin45super]

Yes you can sell it.
Ten of them,NO!!!!!

 

[Beowulf]

As has been stated, you can absolutely sell it, as long as it is marked with a serial number.

All the other stuff is around your intent when you made it. If you made it for personal use (as you stated) and decided to later sell it, that's fine. You cannot make it with the intent to sell it, that's the only part you have to worry about (and this is no different from buying a normally manufactured gun and re-selling it down the line).

 

[ditcherman]

From my novice understanding, in order to sell it you need to:

1. Have not manufactured it with the intention of selling it.
2. Have it engraved with a serial number
3. Sell it to an individual legally permitted to purchase and own a handgun.

DISCLAIMER: I am not an attorney and I would advise you to contact an attorney to get an official legal opinion before proceeding.

As has been stated, you can absolutely sell it, as long as it is marked with a serial number.

All the other stuff is around your intent when you made it. If you made it for personal use (as you stated) and decided to later sell it, that's fine. You cannot make it with the intent to sell it, that's the only part you have to worry about (and this is no different from buying a normally manufactured gun and re-selling it down the line).

Can anyone provide a link to code (not just some guy on a forum that thinks he knows what he’s talking about) that says it has to have a serial number?
(hint for the OP, the answer is no)

If you built it with the intent to sell, or the powers that be deem you are selling too many, then it’s illegal. A one off deal, you’re fine just don’t sell it to someone who you have reason to believe is a prohibited person.

 

[ACC]

Maybe why I put the disclaimer, Ditcherman???

 

[warren5421]

Went though this with a cap & ball black powder pistol. The Fed's require you to be a manufacturer to covert a C&B gun to cartage gun, that is adding a loading gate and firing pen. 80% frame falls in the Fed rule. To sell any gun you made you must be a gun manufacturer with all the permits and etc. I wouldn't sell an 80% turned into a full gun as you don't have the paperwork or permits. Odds are you won't see anything from it but to me just not worth it. You could lose everything and do jell time. The GUN CONTROL ACT OF 1968 will cover most of why you can't sell it.

 

[rkwhyte2]

If it were me I'd keep it after all you put the time and effort to build it. Even though you don't like striker fired guns it is something you made. All this said assuming you don't really need the money.

 

[Hookeye]

I read up on it a while back.
Build w intent to sell is a no no.
Does not say you cant sell what you built.
And the feds would like a serial number, but it isnt mandatory ( if your 80% build got stolen how would anybody ID it if recovered ? )

Doubt things have changed since.

You still have the burden of selling to a proper person.

 

[Route 45]

Unless you just really need the money (unlikely, since you are talking about just destroying the frame), just throw it in the back of the safe for a rainy day. I thought the entire point of an 80% build was to have a firearm "off the books," so to speak. I'm guessing it takes Glock mags? If so, it's worth keeping just for the fact that it takes one of the most common pistol magazines in the world. Even if you don't like striker fired guns.

Heck, I don't even like Glocks, and I own 4 of them.

 

[Amishman44]

If it were me I'd keep it after all you put the time and effort to build it.
Even though you don't like striker fired guns it is something you made.
All this said assuming you don't really need the money.

Unless you just really need the money (unlikely, since you are talking about just destroying the frame), just throw it in the back of the safe for a rainy day. I thought the entire point of an 80% build was to have a firearm "off the books," so to speak. I'm guessing it takes Glock mags? If so, it's worth keeping just for the fact that it takes one of the most common pistol magazines in the world. Even if you don't like striker fired guns.
Heck, I don't even like Glocks, and I own 4 of them.

I'm kinda in both of these camps...if you built it, even if you don't 'prefer' it, it would be a nice gun to have a back-up if you ever needed it...and avoid a whole bunch of potentially unnecessary headaches in the process!

 

[MCgrease08]

To sell any gun you made you must be a gun manufacturer with all the permits and etc. I wouldn't sell an 80% turned into a full gun as you don't have the paperwork or permits. Odds are you won't see anything from it but to me just not worth it. You could lose everything and do jell time. The GUN CONTROL ACT OF 1968 will cover most of why you can't sell it.

Resurrecting this old thread to point out that this is 100% wrong.

Yes, you can sell a P80 build. No, you don't need to add a serial number.

 

[LarryC]

That may have been covered but my search isn't working. I built one and decided striker fired isn't for me. Can it be sold complete or is it better to sell the parts and destroy the completed frame?

You didn't state whether you built the firearm with a purchased Frame with a serial number.

IE: you purchased it from a dealer and filled out a 4473 it is just like an AR15 that you assembled with a factory finished receiver containing a factory serial number that is perfectly fine to sell.

However if you built the receiver from an 80% blank without a serial number and you made it operable (by drilling / modifying /, it is homemade and should not be sold complete. I believe as long as the firearm has a factory serial number it is not considered as a homemade firearm.

Disclaimer: I am neither a Lawyer or a BATF agent so am just giving my opinion as a long time collector.

If I were unsure you should call the BATF and ask!

 

[MCgrease08]

However if you built the receiver from a blank without a serial number and you made it operable (by drilling / modifying /, it is homemade and should not be sold complete. I believe as long as the firearm has a factory serial number it is not considered as a homemade firearm.

This is incorrect. P80 home builds can absolutely be sold.

You may run into trouble if you're building them solely for the intent to sell them for profit. It all boils down to whether the ATF wants to claim you're a "firearms manufacturer" and "in the business of selling" them. These terms are defined.

If you build any firearm for personal use and then decide you don't like it, you can sell it. If you're cranking out 10 a week and selling them to earn a living, you might have problems.