Transfering Receiver Flats

[mason1800]

how would i transfer a complete AK47 to a family member if i build from a receiver that is made from an 80% or less flat. Is this LEGAL?

[thefurball]

I wrote the BATFE earlier this year regarding the legalities of 80% flats.

Paragraph two of their answer states:

"...per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a "firearm" as defined in the GCA for his own personal use, but not for sale or distribution." (Their underscore, not mine.)

Paragraph five, regarding marks of identification states:

"...these marks would be required if the firearm were transferred to another individual at a later date."

Naturally all this refers to the Federal regs, not those of the Peoples Republik of Kalifornia.

So, is it legal to transfer? The answer is either definately yes, definately no, or definately maybe. Write the DOJ and ask.

[thisismyboomstick]

I think it's all about intent when you build. You aren't supposed to make a homebuilt rifle with the intent to sell it. It's supposed to be for you. If you intended to sell it you would need a manufacturers FFL. (Can't remember which one that is)

On the other hand if you've built a rifle for yourself if you decide 5 years down the road you don't want it or you need the money who's to say you can't sell it.

I think it's just like the C&R FFL rules. You can't buy on a C&R with the intent to resell them. But if you buy 5 Mausers with the intent of getting the best one possible and getting rid of the other 4 I think that is ok.

[mason1800]

well if there's to much grey on the issue, i'd rather have him buy and i'll just help him build.

[bwiese]

Aw geeeez, not this 80% horsecrap again.

JUST GO BUY AN OFF-LIST AK RECEIVER.

You'll be far better off for a variety of reasons.

[IH8CALAWS]

Aw geeeez, not this 80% horsecrap again.

JUST GO BUY AN OFF-LIST AK RECEIVER.

You'll be far better off for a variety of reasons.

what are the reasons? legal? just wondering

[Lateralus]

what are the reasons? legal? just wondering

bill, as well as others, have discussed the 80% issue over and over again. Use search

[bwiese]

what are the reasons? legal? just wondering

To reiterate, BATF has been cracking down on so-called "80%" BS. People are getting popped relating to this idiocy.

If it's determined that the so-called "80%" part you acquired is sufficiently close to completion you have effectively illegally acquired a receiver across state lines without going thru FFL (assuming the "below 80%" part crossed state line).

One man's 80% may be 95% to the ATF. There's no codified standard saying that 80% is the limit - or even what 80% is.

Receiving A bare AK flat is probably OK (i.e, outer dimensions cut out). One that's drilled gets iffy. One that's bent it's also iffy. Bent and drilled without trunion is probably even worse.

A rifle built with such a homebrew receiver, otherwise legal, can't be built for purpose of resale. You could eventually sell it but building and then flipping it smells bad.

And it's absolutely friggin' pointless to even get near those risks given that you can buy quality, in-spec AK-type off-list receivers for $80, completely papered and no questions if you have to sell it.

[IH8CALAWS]

sounds like i'll just get a nds-3 instead of finishing the build that is in process.thanks for the info.

[mark3lb]

You're finally giving Grandma the Ak she's always wanted for Christmas, but Santa never brought it. lol