View Full Version : Legal to sell homebuilt pistol?

01-27-2010, 12:32 PM
Did a search and could not find anything on this. Was wondering if it was legal to sell/PPT a homebuilt AK pistol either interstate or intrastate using an FFL?

01-27-2010, 12:36 PM
you are not allowed to make a firearm for sale without a licence

but i dont think anything stops you from selling your own personal property

so i too would like to know

i think the feds want you to put some type of identification on it

01-27-2010, 12:43 PM
Here's what I remember off the top of my head. Note that this is not legal advice, nor do I currently have citations (but would love if someone could point us to a thread that contains them):

Without the proper license, it's not legal to build a firearm for the purpose of selling it.
It's legal to build a firearm and sell it later.
If you are going to sell a homebuilt firearm, wisdom dictates that it should be a good amount of time after you built it to avoid drama.
To legally sell a homebuilt firearm, it must be marked with a serial number (which can be anything you make up) and the and city it was manufactured in. I believe you must follow the ATF guidelines on markings (for width, depth, etc.).

I'm not 100% clear on that last point. There might be more that needs to be marked, but I'm fairly certain it's at least the serial and city of manufacture.

01-27-2010, 12:44 PM
You can't homebuild a firearm with the intent of selling it. To do that, you would need to be a licensed manufacturer.

Now, once you have built it for personal use, later on, you may sell it if you want to. ATF has stated that in letters. They do state that if you sell it, you must mark it with your name, city, state, and serial number, just like licensed manufacturers do (even though federal law does not seem to require that non-licensed makers mark a firearm at any time).

01-27-2010, 12:54 PM
thx for the info. i've only sold one homebuilt before years ago. i know selling any home built requires a mfg name, city/state, caliber, and serial # like any other mfg. i'm asking specifically about legality of selling an AK pistol, not the markings required.
wondering about any passing drop test requirements, being on some approved list...etc. seems like if it's legal to build, it should be legal to sell as long as you did not mfg it to be sold and just needed to for some reason down the road.