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View Full Version : Legal liability on selling home build AK's?


insin
06-14-2012, 2:31 PM
Hello all,
I was wondering what I can be held liable for if I decide to sell a home built AK? I have fired this rifle a few times, but I cannot see into the future regarding how it holds up over time. I crushed the rivets myself, and though it is not as pretty as some off the shelf versions, it got the job done. I really would like to put it up for sale to another member here, but I worry about liability if something were to happen down the line integrity wise. I wouldn't want somebody I sold the rifle to to come back after a few years and blame me for something like an injury because of my home build workmanship.

Don't get me wrong, it runs fine now? However, can I be held legally responsible for it after a buyer takes possession? Should I perhaps get any potential buyer to sign something stating they understand the situation and take responsibility for it after transfer and release me from liability? I hate to just chop up the rifle to revert it back to a parts kit, but that is really the only way I see a 100% liable free sale.

Any thought?
Thank you

69Mach1
06-14-2012, 2:35 PM
Cut it up and sell it as a kit.

insin
06-14-2012, 3:15 PM
Yeah, that's what I probably should do. The little extra $ that I might make via selling it as a rifle wouldn't really be worth the worry of the whole thing.

STROLLER
06-14-2012, 3:28 PM
I'm in the same boat here I have a decent rommy g, but I am hesitant in selling my home build even though it's been a great gun. I will probbaly sell as a parts kit.

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Robidouxs
06-14-2012, 4:01 PM
Cut it up. This way the ATF can never claim you did not pay the federal excise tax.

NotEnufGarage
06-14-2012, 5:05 PM
I don't understand this concept of selling firearms......

Why not just keep it? They don't spoil, unless they're stored incorrectly. Oil and grease it up good, seal it in a plastic bag with some dessicant and in a few years it'll be like a new toy to play with again.

Ford8N
06-15-2012, 6:06 AM
Yeah, that's what I probably should do. The little extra $ that I might make via selling it as a rifle wouldn't really be worth the worry of the whole thing.

You will probably break even, if not make a bit more selling it as a kit. Depends on the year of the kit and condition.

QQQ
06-15-2012, 7:40 AM
To address the OP, how do you know that you can't be held liable for the parts? This is California. I can imagine it now: "Your honor, the defendant actually ripped apart a completed firearm and sold me the scrap parts! I had no idea. Clearly, it's his fault that I'm injured."

You will probably break even, if not make a bit more selling it as a kit. Depends on the year of the kit and condition.

Show me a completed AK that I can buy for less than a low-end kit.

insin
06-15-2012, 10:36 PM
To address the OP, how do you know that you can't be held liable for the parts? This is California. I can imagine it now: "Your honor, the defendant actually ripped apart a completed firearm and sold me the scrap parts! I had no idea. Clearly, it's his fault that I'm injured."

Great, this scares me enough to just consider it not worth it. So how to people or gunshops deal with liability of consignment guns they sell? Some of those consignment guns are old, wore out, and definitely second hand. Is one liable for a firearm after they sell it?