Can I sell an AR with a finished/formerly 80% lower?

fur_pig

New member
I have an AR I built with a purchased 80% lower that I finished/machined. Am I able to sell this or should I throw a different lower on it? It seems like a gray area in the law...
 

ManNamedJed

Well-known member
My understanding is that the Law says you can't build firearms without a FFL with the INTENT to sell. So if you built for personal use, then later decide to sell that is okay. Many will recommend you engrave a name/serial number though, and that would certainly reduce the risk of it causing issues for you later on.
 

CMore

New member
My understanding is that the Law says you can't build firearms without a FFL with the INTENT to sell. So if you built for personal use, then later decide to sell that is okay. Many will recommend you engrave a name/serial number though, and that would certainly reduce the risk of it causing issues for you later on.

No grey area if you sell it the above pretty much sums it up. I did further research with ATF and no markings are required to sell it.

Personally any modern firearm (since 1968) I own has a serial number on it so, I wont have to explain to an unknowing police officer it is legal. So far in 45 years I have never been asked anyway...
 
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grumpyoldretiredcop

Member
Premium Member
As noted, it's legal to sell provided it was not manufactured with the intent to sell. While Federal law requires licensed manufacturers to mark receivers in a specific fashion, the codes aren't so clear with regard to receivers manufactured by individuals. While it's probably a good idea to engrave the maker's name, location of manufacture and some kind of serial number to the Federal standard just as a matter of self coverage, I've searched extensively and not found anything explicitly requiring it of a non-FFL individual or any case law in which that was a pivotal or primary charge. This is not legal advice and is worth what it cost.

Speaking as a retired cop, it'd be pretty hard to prove the sale at a later date of an unmarked receiver. It's your call as to whether it's worth the extra time and trouble to engrave it.
 
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