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So I had an argument with a cop about my 80% build...

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  • hackk
    Junior Member
    • May 2010
    • 63

    So I had an argument with a cop about my 80% build...

    So I've done the searches, and would love some help on this.

    I was at the range yesterday, and when people were looking at my firearms, a "federal law enforcement" officer approached me. I know he was trying to help, but his chest puffing got a little out of control once I started debating with him.

    If someone were to build an AR pistol or rifle from an 80%, and choose not to engrave a serial or model in to the receiver, is that firearm now illegal? He said that if he were to come across a firearm with no serial # while on duty, he would confiscate and arrest that person because the serial is required by law. He then started busting out penal codes that supported his view, but did not directly apply to a personal build. I said he's wrong, that the serial is only used for the purpose of sales/transfers and FFL's. That building your own rifle or pistol from scratch, it is not required.

    Can you guys not only confirm I am correct, and if possible PLEASE link me the literature/code/law that proves that, so that a person with this type of firearm could print it and keep it with their build?

    Thanks guys
  • #2
    stix213
    AKA: Joe Censored
    CGN Contributor - Lifetime
    • Apr 2009
    • 18998

    He's wrong. There is no requirement to have a serial # on a firearm except if you attempt to sell it. It is also illegal to remove an existing serial number. Nothing wrong with never having a serial # in the first place and never selling the gun though.

    There is no law to link you to though that says it is allowed, since laws generally just list what is banned (anything not banned is allowed).

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    • #3
      Oldmandan
      Veteran Member
      • Dec 2012
      • 2721

      That's an argument I don't envy...

      Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44,

      "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them" - Richard Henry Lee

      sigpic

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      • #4
        glock_this
        Calguns Addict
        • Dec 2005
        • 8225

        You were right, he was wrong.
        10 +1 in the chamber

        Comment

        • #5
          hackk
          Junior Member
          • May 2010
          • 63

          Originally posted by Oldmandan
          That's an argument I don't envy...

          Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44,

          http://www.atf.gov/firearms/faq/fire...parts-assembly
          Thanks for the link, but can you or someone else help me find the code that says a serial is ONLY required for sale? Something a person could show a cop that says, "Hey, go away, this gun isnt illegal"...

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          • #6
            Bhobbs
            I need a LIFE!!
            • Feb 2009
            • 11848

            You mean a cop that didn't know the law but was arrogant enough to believe he was right anyways? What a surprise.

            Comment

            • #7
              Oldmandan
              Veteran Member
              • Dec 2012
              • 2721

              What about keeping an ATF letter with you? scroll down the link about halfway

              "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them" - Richard Henry Lee

              sigpic

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              • #8
                kauaibuilt
                Senior Member
                • Apr 2010
                • 1285

                Hes just mad cause he cant buy off roster pistols anymore.....
                sigpic

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                • #9
                  eric_650
                  Member
                  • Feb 2013
                  • 376

                  Why is it ok to be arrested under false pretenses just because the cop doesn't know the law? There should be a stop to that.

                  Comment

                  • #10
                    TeddyBallgame
                    Calguns Addict
                    • Sep 2012
                    • 5732

                    Originally posted by glock_this
                    You were right, he was wrong.
                    it's a shame people have to go thru a process due to lack of law knowledge...its not hard to think that a person could, most likely, be arrested, and, have the firearm confiscated, due to a LEO not knowing or understanding the law

                    LEO don't know every law, there are just too many of them on the books, and, it would be unfair to even think they can know every law, especially when it does come to some of the California gun laws

                    my best advice to you would be to get as much documentation available supporting it, and, if ever confronted on the issue, by LE, be ready to show it, and, before the SHTF, hopefully you could ask to get a supervisor on site, maybe someone a bit more neutral, or, knowledgable, than the LEO you may be dealing with

                    even after all that, you still might end up arrested, with your AR confiscated anyway...that's what sucks...being right doesn't always prevail out on the streets
                    sigpic

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                    • #11
                      bollero
                      Senior Member
                      • Sep 2009
                      • 1039

                      you should told the Cop to kick rocks...LOL

                      Comment

                      • #12
                        Tiberius
                        Senior Member
                        • Jun 2009
                        • 1160

                        Take the easy way out - if you build one, put your own serial number on. XXX666, a hilariously dirty acronym, whatever. Problem solved, wrongful arrest avoided. Because as noted above, even if you're right, getting arrested and having the gun get seized will feel like you were wrong.

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                        • #13
                          Mighty5
                          Junior Member
                          • Jun 2013
                          • 41

                          What a dipshiot. Since there is no law stating it must have a serial number to be CA legal he has no grounds to confiscate your weapon, let alne arrest you. In reality cops are becoming a little more SS than we'd like, and they could arrest you with relative immunity. I mean does anyone think the cop will be repremended in anyway? Look at the cops who shot up those civilians while they were looking for Christopher Dorner, nothing happened to them im sure they are still in the force with a firearm at their side.

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                          • #14
                            Untamed1972
                            I need a LIFE!!
                            • Mar 2009
                            • 17579

                            Originally posted by Tiberius
                            Take the easy way out - if you build one, put your own serial number on. XXX666, a hilariously dirty acronym, whatever. Problem solved, wrongful arrest avoided. Because as noted above, even if you're right, getting arrested and having the gun get seized will feel like you were wrong.
                            like "FU-LEO" or something like that?
                            "Freedom begins with an act of defiance"

                            Quote for the day:
                            "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

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                            • #15
                              bohoki
                              I need a LIFE!!
                              • Jan 2006
                              • 20790

                              i find it best to limit interaction with law enforcement as it often ends in wanting to have less interaction

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