Homemade firearms

Discussion in 'Gun Control' started by FivepointFive, Sep 3, 2018.

  1. TOG 6

    TOG 6 Well-Known Member

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    I'm sorry you do not like the fact you cannot support the point you wanted to make, but that's on you, not me.
     
  2. TOG 6

    TOG 6 Well-Known Member

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    If that is true, why then can you not answer the questions I asked?
    I'll ask it another way, in case you didn't understand it the first time:
    As "supplying Jethro" with a gun, not the presence or absence of a serial number on the gun, is the link between you and the murder of your aunt, how will the presence of a serial number make it less likely the prosecutor will name you as an accessory in your aunt's murder?
     
    Last edited: Sep 17, 2018
  3. Ericb760

    Ericb760 Well-Known Member Past Donor

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    And you are missing the point about about "public perception". Any way you slice it in today's environment, you will be painted as a criminal doing criminal sh!t, by supplying your cousin with a non-serialized firearm, even if doing so is perfectly legal in the eyes of the ATF.

    You seem to think I am taking a moral stand on this. I'm not. I am accepting what is reality in today's political environment.

    Like I said, you do you. Go ahead and gift that non-serialized AR to your cousin. Remember though, unless you paid cash for everything, the LPK, the upper, the castle nut, etc., somewhere there is a receipt with your name on it.
     
  4. TOG 6

    TOG 6 Well-Known Member

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    Irrelevant to your statement - a prosecutor does not arrest and charge people based on public perception.

    So, again:
    As "supplying Jethro" with a gun, not the presence or absence of a serial number on the gun, is the link between you and the murder of your aunt, how will the presence of a serial number make it less likely the prosecutor will name you as an accessory in your aunt's murder?
     
  5. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Are you being purposely naive?

    I have acknowledged that a conviction is unlikely. But an arrest and a perp walk on the local news? That's almost a gimme in today's climate.
     
  6. TOG 6

    TOG 6 Well-Known Member

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    I accept your concession.
    When you can actually address the question put to you, let me know.
     
  7. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Again, why so dense TOG? It doesn't make you look anything but glib.
     
  8. TOG 6

    TOG 6 Well-Known Member

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    I already accepted your concession of the point; I do not intend to do so again.
     
  9. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Ok, buddy. You win.

    LOL....
     
  10. TOG 6

    TOG 6 Well-Known Member

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    Good of you to recognize the obvious.
     
  11. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Something you are genetically incapable of.

    Got it.
     
  12. TOG 6

    TOG 6 Well-Known Member

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    Whenever you you can address the question I asked, let me know -- until then, we both know you laid out an argument you know you cannot support.
    Your petulant last-word shenanigans won't change this.
     
  13. Ericb760

    Ericb760 Well-Known Member Past Donor

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    WTF? Dude, can you not read?

    Look, if you want to build an AR in your basement, sit on it for a couple of years, then sell it to your neighbor, be my guest.

    Comprende?
     
  14. TOG 6

    TOG 6 Well-Known Member

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    What I haven't read is your answer to my question, because you have yet to post it.
     
  15. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Ok, Einstein, which question would you like me to answer?
     
  16. TOG 6

    TOG 6 Well-Known Member

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    Wow. -Serious- attention deficit disorder. You need to get that checked.

    You said:
    Based on cousin Jethro's confession, a search warrant is issued for your domain. They find ample evidence that you do, in fact, build your own firearms. Based on that evidence the prosecutor names you as an accessory in your aunt's murder for supplying cousin Jethro with the murder weapon and you are arrested, and your name and mugshot are on the local evening news

    I asked:
    As "supplying Jethro" with a gun, not the presence or absence of a serial number on the gun, is the link between you and the murder of your aunt, how will the presence of a serial number make it less likely the prosecutor will name you as an accessory in your aunt's murder?

    Well?
     
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  17. tazaroo

    tazaroo Member

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    You are completely and utterly wrong. I challenge you to post BATFE regulations that say what I stated is illegal. When I acquired my 01 FFL I asked the BATFE agent conducting the interview how I would go about the move of I gun I personally built with the original intent to never sell. My 01 FFL is in the name of my LLC. The agent stated that I would transfer the gun (receiver built from a 80% AR lower) into my acquisition log for the LLC. From that point it now belongs to the LLC and now I may sell said receiver. I'm sorry.............your very misinformed and the people you spoke to regarding this topic are misinformed. I don't mean any disrespect when I say you are misinformed.
     
    Last edited: Sep 18, 2018
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  18. tazaroo

    tazaroo Member

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    The key in determining whether a homemade gun can be legally sold or transferred rests with knowing the intent of the maker when the gun was first created. Relevant factors in determining the transferor’s intent may include: the length of time between the creation of the firearm and its transfer; the specific reason for the sale or transfer; and whether the maker of the firearm frequently sells or transfers homemade firearms. For example, a time lapse between creation and sale of many years, a reason for sale that has no sinister overtones, and a transfer that is one-in-a-lifetime for the transferor, would indicate an original intent to keep the gun. By contrast, quickly transferring a gun right after its creation, to someone who could not legally possess a firearm, by someone who regularly transfers such guns, would indicate a lack of intent to keep the gun.
    Federal law does not require a homemade gun to have an identifying marker (such as a serial number), as long as it remains in the possession of the original maker. However, if the gun is subsequently sold or otherwise transferred, it should be marked prior to its disposition. The ATF SUGGESTS that all homemade firearms be marked with a serial number as a safeguard in the event the firearm is lost or stolen, but requires it if the gun is otherwise lawfully transferred in the future.
    I have made three firearms which all but one have a serial number. I have never made these with the intent of selling but if I ever do in the future the one that does not have a serial number on it will have to have one engraved per BATFE standards with a serial number and who made it. Hopefully this can be put to rest now.
     
  19. Ericb760

    Ericb760 Well-Known Member Past Donor

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    You need to catch up on this thread. I acknowledged my mistake. I was going off of California law, which I assumed was distilled from Federal law. That was my mistake.
     
    Last edited: Sep 18, 2018
  20. Ericb760

    Ericb760 Well-Known Member Past Donor

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    You need to make this clear to the doubters of my original post.
     
  21. TOG 6

    TOG 6 Well-Known Member

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    Wow. -Serious- attention deficit disorder. You need to get that checked.

    You said:
    Based on cousin Jethro's confession, a search warrant is issued for your domain. They find ample evidence that you do, in fact, build your own firearms. Based on that evidence the prosecutor names you as an accessory in your aunt's murder for supplying cousin Jethro with the murder weapon and you are arrested, and your name and mugshot are on the local evening news

    I asked:
    As "supplying Jethro" with a gun, not the presence or absence of a serial number on the gun, is the link between you and the murder of your aunt, how will the presence of a serial number make it less likely the prosecutor will name you as an accessory in your aunt's murder?

    Well?
     
  22. tazaroo

    tazaroo Member

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    It was too much derp for me to read. Your mistake was using California gun law as an example and thats OK. ;) California is a bit out there with their laws IMHO.
     
  23. Ericb760

    Ericb760 Well-Known Member Past Donor

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    You are assuming that the absence of a serial number wouldn't arouse suspicion? How many DA's, or, for that matter, how many detectives actually know the law on home built firearms? I'd wager not that many. I contend that a fully documented gun transfer, including a well defined, and recorded, serial number, is the least likely way for you to end up an accessory.

    You have a different opinion, obviously.
     
  24. Xenamnes

    Xenamnes Banned

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    There is a significant difference from a firearm that has no serial number, and a firearm on which the serial number has been purposefully obliterated.
     
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  25. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Fine, you seem to have enough confidence that the detectives and the DA investigating this homicide know the ins and outs of the law when it comes to home built firearms.

    I do not share your belief.
     

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