Homebuilt AK (and other firearms) - Serial Numbers and other issues

[CSACANNONEER]

If you are curious as to what is/isn't legal here in Cali google 922R...It will tell you everything you need to know.

LOL, 922(r) has nothing to do with California law won't tell you anything about Ca law and homebuilds. In fact, 922(r) doesn't even apply to homebuilt handguns. So, does that mean anything goes in CA? Get a clue!!!!!!!!

[Darryl Licht]

Gene:

Thanks for all this very good and pertinent information!

In your opinion are there any advantages/disadvantages to engraving a specific caliber vs. "multi cal" on an AR 80% lower?

[Darryl Licht]

Looking more closely at 27 CFR 478.92 you need to place your name, caliber, serial number and manufacturing location on any firearm you wish to be able to sell. A model designation appears optional.

-Gene

Sorry for the double post, but above you say "your name"...

Can a made up manufacturer name, e.g.; "Darryl Licht Arms" be substituted for "your name", or do you suggest actually engraving your name into a lower?

[dchang0]

I'm wondering the same thing as Darryl Licht. Here are my questions and my current beliefs (which could be wrong) on each:

1) Can it be a fake manufacturer, i.e. a made-up company name? The way I read the law, it cannot be fake; the name must be really your company or your name or a recognizable abbreviation thereof. NeoWeird said in some other thread:

"I believe this issue has come up before (not on this forum) and the answer is it's NOT allowed. If I remember right, it has to do with the fact that putting false information on the side of a weapon is construed as an attempt to hide the origins of the weapon and is on par, though under different code and for different reasons, with grinding the serial number off the firearm.

I could be wrong as I'm recalling this from a vague memory."

I agree with him. Falsifying info on a firearm is probably a crime.

2) If you happen to own a company (corporation or LLC, not DBA, to be specific), can you use your company as the manufacturer? I would think yes, BUT there are reasons why you should not do so.

a) I believe that it will be harder to argue that you weren't manufacturing with intent to sell and that the completed 80% is for personal use if you use your company to manufacture the lower. And if your company does not have an FFL, then you could be in federal trouble.

b) A friend posed this worst-case scenario: Say your lower gets stolen and is used in a murder. Knowing the "deep pockets" sue-happy ambulance-chaser lawyers are out there, the victim's family might bring civil suit against the manufacturer, which traces back to you (through Sec. of State business records). Yes, if you used your personal initials, there is a remote possibility that the lower could be traced back to you (perhaps if you reported it stolen), and then they might bring civil suit against you, as a person, but this is less likely if the lawyer hears a person's name and thinks "no money there, let's not sue" versus hearing a company name and thinking "deep pockets = jackpot!"

Ironically, using your company may give you the protections of the corporate veil; if they sue your company, you could protect your personal assets like your house, etc.

3) On another worst-case scenario--let's say you use your company name and YOU commit the murder. Then the victim's family can press criminal charges against you AND civilly sue you for wrongful death AND also civilly sue your company for manufacturing the murder weapon. Triple whammy. Might be better to keep your company out of it, especially if it has funds that might be necessary for you to distribute to yourself in order to pay for your defense/lack of income while incarcerated.

Thoughts?

I'm leaning towards just my personal initials at this time.

[wpage]

No matter what is done wording will come that will make all this moot at some point in the future...

[ascensjs]

how does SB 808 affect me if i already stamped my initials, city and state, caliber and the serial number from the parts kit on the receiver?

[phonso302]

Sb808 doesn't affect you because it was vetoed by the governor...