Quick answer this for us to resolve a dispute

[acespawnshop]

Show me in the US code or CA penal code where it says somebody who built a firearm at home is prohibited from selling it later on in the future.

Or show me where it says it is legal to sell it.

Support your statement with facts not opinion please.

[Librarian]

https://www.atf.gov/firearms/qa/does-individual-need-license-make-firearm-personal-use

Does an individual need a license to make a firearm for personal use?

No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

[SkyHawk]

11. Can an individual make large quantities of firearms and sell them?
If an individual is “engaged in the business” (defined below) as a manufacturer or seller of firearms then that person must obtain a federal firearms license. In addition, manufacturers have a variety of specific responsibilities under the Gun Control Act, such as including a serial number and other markings on all firearms.

Under 18 U.S.C. 921 (a)(21)(A), the term “engaged in the business” means— as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured.

http://www.ammoland.com/2014/11/atf-answers-questions-on-80-receiver-blanks/#ixzz4QQVfGazX

Still seems like a grey area, selling one may be OK, selling a bunch - not so much. To be considered a manufacturer, you must be doing it for livelihood and profit.

https://www.atf.gov/file/82791/download

In contrast, a dealer-gunsmith may make or acquire his/her own firearms, and repair, modify, embellish, refurbish, or install parts in or on those firearms. If the dealer-gunsmith then sells or distributes those firearms for livelihood and profit, the dealer-gunsmith is engaged in his/her own business of manufacturing firearms. A person engaged in the business of manufacturing firearms for sale or distribution is required to be licensed as a manufacturer, identify/mark all firearms manufactured, maintain permanent records of manufacture, submit annual manufacturing reports, and pay any taxes imposed on firearm manufacturers

http://michellawyers.com/wp-content/uploads/2014/03/Building-Your-Own-Firearm.pdf

Federal law prohibits “manufacturing” firearms without a license but only considers those who are “engaged in the business” of making firearms (i.e., those who devote time, attention, and labor to doing so as a regular course of business) to be “manufacturers” who need a license.

[acespawnshop]

So from what I see here the key is profit. By even selling it for $1.00 would be a profit I would assume. Hummmm looking like the consensus here is no. You can't sell them.

Now. What about when the builder dies? Can they not be transferred to his heirs? What about when somebody with a TRO and wants to transfer for safe keeping?

[pacrat]

So from what I see here the key is profit. By even selling it for $1.00 would be a profit I would assume. Hummmm looking like the consensus here is no. You can't sell them.

Now. What about when the builder dies? Can they not be transferred to his heirs? What about when somebody with a TRO and wants to transfer for safe keeping?

Not quite, it says "Livelihood and profit" ergo "in the business of".

Selling "A" gun you made for your own personal use, and making a reasonable profit, when you decide to sell it. Is NOT considered "in the business of".

Just as a LEO can buy "AN" off roster pistol. Then later decide to sell it for a reasonable profit. If he does so on a regular basis for profit. That is a different scenario.

As to the TRO issue. I have NFI.

[Librarian]

^^^ Concur - unless there is evidence of being 'in the business', selling a home build should raise no questions.

[Quiet]

As long as it is properly marked (engraved), then the home built firearm would be legal to transfer.

[nedro]

Does it need to be transfered through an FFL?

[Quiet]

Does it need to be transfered through an FFL?

Unless an exemption is used, all firearms transferred in CA need to be done through a CA FFL dealer.

[kemasa]

As said, i was told that it can be transferred if it is properly marked (name, serial number, city, state).