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80% lower, after you die!

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AAllen:
The term "Manufacturer" as most people consider it is a licensed manufacturer and they produce many guns per year (someone earlier said 50 was the cut off number) so a "Homebuilder" that decides to, or because of death it automatically, transfers would not be a "Manufacturer".  But in this case the "Homebuilder" would become a manufacturer even if they only manufactured one firearms in their lifetime.  I can see nothing that says a homebuilder must have any markings on what they build as long as it is only them that posses and owns what they built; but as soon as that rifle goes to be transferred to someone else either by a) an active decision to sell the firearm, or b) because of death of the homebuilder the rules would change because the "Homebuilder" becomes a manufacturer and the firearm requires markings.  If it is option a the manufacturer/homebuilder would simply need to add the appropriate markings before making the sale, if it is option b the "Homebuilder's" next of kin could be considered guilty of receiving an illegal firearm. 

Is there a mechanism to avoid any charges, my guess is that upon discovering the firearm if the next of kin contacted police and turned it over there would not be any charges, but an investigation into what the "Homebuilder" had been doing would take place.

The recommendation to put markings (serial number of some type, who manufactured and when) on a firearm you manufacture as a "Homebuilder" is as much about protecting yourself and your family from unneeded attention as it is about following all the rules and regulations, because truthfully they tend to have conflicts with themselves.  Nothing of these marking needs to be reported to anyone (but you should keep a record of some type for yourself, especially if producing more than one).

Husker_Fan:
The GCA does not require a SN for a homebuilder to dispose of a gun. So long as you were not building it with the intent to sell, and only decided to sell at some later time, you are not a manufacturer.

newfalguy101:

--- Quote from: AWick on October 20, 2014, 10:23:56 PM ---Couple of things. 1) semantics matter, especially in not wanting to go to prison. 2) I don't  have an understanding or have seen a consensus on what to do with a home built lower after you die and want to pass it on to your children. So, an answer of "ummm no" without a reasonable response doesn't really further the debate in a meaningful way. Maybe you could elaborate, not just in the homebuilder and not selling it, but more to what the OP was enquiring about.

--- End quote ---

Ummm read the entire thread its all there already

newfalguy101:
The 50/year I mentioned is mearly the number at which a licensed manufacturer must pay taxes on said manufactured guns, and is irrelevant as far as hombuilders go, because, if a guy is building that quantity, at some point very quickly ATF will be contacting said feller and telling him to get a license!!

newfalguy101:
For what its worth, I NEVER said a person SHOUDNT serialize a homebuild, in fact I cant think of a single good reason NOT to.

To my way of thinking, if I had the ability to build  a 80%, I most certainly would mark it, if for no other reason than to prove that I did it all by myself ( with a lil help from my friends  LOL )

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