Asked the ATF if ok to sell a P80...

[ACC]

Don’t risk it. Keep the gun. Move on.

 

[way2good4u95]

I'd document the day you turn that 80% into a firearm and document the day you sold the firearm. If you've had the firearm for at least a couple months, you could reasonably say you made the firearm for personal use and then sold it when it didn't fit what you needed. Just don't mark up the price a bunch and don't do it a bunch. There's no law stating you can't sell a gun you originally made for personal use as long as you aren't in the business of manufacturing.

P.S. I'm not a lawyer and this is not legal advice.

 

[Jaybird1980]

Did you build the 80% with the intention to sell it?

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.

And I agree, stop asking for permission to be free.

 

[Alpo]

It has been awhile since I reviewed the firearms manufacturing rules, but trust me, you don't want to be classified as a manufacturer. As a gunsmith, it was a fine line that had to be walked.

If you are building a finished product off an 80% assembly, and selling same, you can easily fall under the manufacturing rules where excise taxes come into play, along with record keeping, audits, etc.

In other words, there is no such thing as a hobby building out 80% lowers and selling them.

 

[DRob]

Did any real lawyers answer this question? If not, disregard he entire thread.

 

[DoggyDaddy]

People need to stop submitting questions to the AFT asking for guidance on anything. Nothing good ever comes from it. Its a freaking $150 piece of plastic. If you're worried about it, don't sell it.

Right? It's like that one kid in class that raises their hand with 2 minutes left to go, to ask the teacher if there will be any homework assigned.

 

[Hatin Since 87]

I’m surprised they haven’t pursued banning 80% lowers since they took power. I foresee it coming in the following years, and would suggest having a few laying around before it happens.

 

[Slapstick]

There's only one line in their response that you should pay attention too,
"Please understand that the making and distribution of as few as one firearm may be considered engaged in the business and, thus, requires an FFL."

Then ask yourself who does the "considering" .

 

[Paul30]

It is a legal gun you own. You can sell it like any other gun you own with the same restrictions (can't sell out of state without a dealer). The only time it might get stick is if you are building them to sell, that would make you an unlicensed manufacturer. You built it, you owned it, you are ready to sell it. It's not like you built it on Monday and are selling it on Tuesday. It's also not like you built 50 or them and are selling them all either. I would sell them if you want to and don't look back. I'm not a lawyer, if you want legal advice you might seek it but this sounds pretty basic.

 

[Airtevron1]

It is a legal gun you own. You can sell it like any other gun you own with the same restrictions (can't sell out of state without a dealer). The only time it might get stick is if you are building them to sell, that would make you an unlicensed manufacturer. You built it, you owned it, you are ready to sell it. It's not like you built it on Monday and are selling it on Tuesday. It's also not like you built 50 or them and are selling them all either. I would sell them if you want to and don't look back. I'm not a lawyer, if you want legal advice you might seek it but this sounds pretty basic.

Im leaning in this direction, very reasonable response as well.

 

[sheepdog697]

Wow. Confusing right?