Thinking of cutting my AK74 into a parts kit

[Spyder]

Could you just sell it out of state? It would save you the trouble of destroying it but you would have to check the laws to be sure it's legal. I would assume you can take the rifle with you to Arizona or Nevada and sell it legally through an FFL there?

That's an awful lot of time and hassle to get, maybe, a couple hundred extra dollars. Far easier to cut it up to render it not-a-firearm, then sell and ship with a flat rate box.

[hiyabrad]

[Silence Dogood]

Could you just sell it out of state? It would save you the trouble of destroying it but you would have to check the laws to be sure it's legal. I would assume you can take the rifle with you to Arizona or Nevada and sell it legally through an FFL there?

IANAL and I trust someone else will chime in shortly to correct or corroborate my statements (possibly with the associated CFRs). With that said, I believe under the Gun Control Act of 1968 which is a federal law, home made firearms (DIY) are only legal for personal use and are non-transferrable. Therefore, the firearm in question cannot be sold-as is in any of the 50 states.

Question for whomever chimes in: how are DIYs handled at time of death? Can they be inherited?

[MajorSideburns]

IANAL and I trust someone else will chime in shortly to correct or corroborate my statements (possibly with the associated CFRs). With that said, I believe under the Gun Control Act of 1968 which is a federal law, home made firearms (DIY) are only legal for personal use and are non-transferrable. Therefore, the firearm in question cannot be sold-as is in any of the 50 states.

Question for whomever chimes in: how are DIYs handled at time of death? Can they be inherited?

Federally speaking, you can sell and transfer them you just can't make them with the purpose of sale in mind because that would require an FFL.

[Silence Dogood]

Federally speaking, you can sell and transfer them you just can't make them with the purpose of sale in mind because that would require an FFL. With California specifically, the CA DOJ purposefully makes misleading and false statements about nearly everything regarding your rights to firearms. See their bulletin here: https://oag.ca.gov/system/files/atta...umer-alert.pdf where they make the blanket statement that selling self-made firearms is illegal. In California there should be no issue with selling a rifle provided it is otherwise compliant and legal under CA law. I'm not sure how handguns are treated due to the safety roster.

I knew CADOJBOF was slimy but did not realize I was spreading their FUD. Thanks for setting me straight MajorSideburns!

[MajorSideburns]

I knew CADOJBOF was slimy but did not realize I was spreading their FUD. Thanks for setting me straight MajorSideburns!

If you want the full picture wait for Librarian to come along and post all the relevant laws. I was curious and just did a search online and it appears that the ATF made a bunch of changes a couple years ago to the requirements they place on FFLs regarding homemade firearms. They apparently require the FFL to mark self-made firearms that they transfer or which come into their possession with a unique serial engraving. So as a practical matter, since rifle transfers must occur at an FFL in California, maybe you will have a difficult time finding an FFL willing to go through the hassle of doing this for the $15 profit they get from a DROS fee. https://www.atf.gov/rules-and-regula...me-or-receiver

• There is no requirement in the rule for FFLs to accept a PMF into inventory, and they have the option to ask the PMF maker or owner to have the firearm marked by another licensee before accepting it into inventory or the FFL can bring the PMF to another FFL or unlicensed engraver to mark the PMF with their license information, provided they directly oversee the serialization.

So as a practical matter in California it would probably be easiest if you had serialized your rifle receiver to the ATF required specifications before bringing it to an FFL to do a transfer. Which I believe, is already a prerequisite under California law now anyway because you can't complete a receiver without first obtaining the serial and registering it from the CA DOJ. Anyway that's pretty much what I've gathered from the things I read on Calguns, I've never made a firearm and don't have the time or desire to deal with all the legal hurdles to do it.

[ar15barrels]

This:

PC29180 (d) (1) Except by operation of law, a person, corporation, or firm that is not a federally licensed firearms manufacturer shall not sell or transfer ownership of a firearm, as defined in subdivision (g) of Section 16520, if any of the following are true:

(A) That person, corporation, or firm manufactured or assembled the firearm.

(B) That person, corporation, or firm knowingly caused the firearm to be manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer.

(C) That person, corporation, or firm is aware that the firearm was manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer.

[MajorSideburns]

This:

Well there you go, it's illegal in California who would've guessed?

[MajorSideburns]

This:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=7.&ti tle=4.&part=6.&chapter=3.

They even banned 3D printers? When did this happen??

(e) This section does not apply to any member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.

They didn't identify forensic laboratory, I'm not seeing a definition for that anywhere else in the PC. Could you identify as a forensic laboratory and legally avoid these restrictions? Could we institute a Calguns Forensic Laboratory for the Study of Unconstitutional Gun Legislation?

[MajorSideburns]

I knew CADOJBOF was slimy but did not realize I was spreading their FUD. Thanks for setting me straight MajorSideburns!

See the post from ar15barrels above, I was incorrect and had not realized a new California law was passed.

[Silence Dogood]

See the post from ar15barrels above, I was incorrect and had not realized a new California law was passed.

But I was wrong about GCA68 and federal law.

[Quiet]

IANAL and I trust someone else will chime in shortly to correct or corroborate my statements (possibly with the associated CFRs). With that said, I believe under the Gun Control Act of 1968 which is a federal law, home made firearms (DIY) are only legal for personal use and are non-transferrable. Therefore, the firearm in question cannot be sold-as is in any of the 50 states.

Question for whomever chimes in: how are DIYs handled at time of death? Can they be inherited?

Under Federal laws/regulations...

Prior to transfer of ownership, the self-made firearm must be marked per BATFE specifications.
^This requires all of the following:
Maker's legal name (first and last).
Maker's city and state (where the firearm was made)
Maker's model designation for the firearm.
Caliber the firearm is chambered in.
Maker's unique serial numbers for that firearm model (must consist of mostly numbers)

Markings must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch.
Markings must use Roman letters (A, B, C, etc.) and Arabic numerals (1, 2, 3, etc).