Homemade firearms

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

  1. Ericb760

    Ericb760 Well-Known Member Past Donor

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    The post I was quoting said that you didn't have to put a serial number on it so I assume he's talking about an 80% lower. As I stated, you cannot sell, transfer, trade, or give away, any firearm that does not have a serial number that you built yourself. Period.
     
  2. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Again, I disagree. A home built firearm without a serial number that you build for yourself may never be sold, traded, transferred, or given away. Period. End of story.
     
  3. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    The 'Liberator' is a single shot .380 with a printed spring. Its a plastic spiral. It uses a roofing nail for a firing pin (the only non-printed part).

    The technology will get there.
     
  4. SiNNiK

    SiNNiK Well-Known Member

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    No, you don't. It doesn't even have to have a serial number.
     
  5. TOG 6

    TOG 6 Well-Known Member

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    The law, of course, does not say that.
     
  6. Dispondent

    Dispondent Well-Known Member Past Donor

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    What's the shelf life on a plastic spring though? I wouldn't want to put my life in the hands of a plastic spring, its a matter of tension and durability for me, and printing is never going to be able to duplicate proper spring production...
     
  7. Ericb760

    Ericb760 Well-Known Member Past Donor

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    In fact, it does.

    Read this again: A home built firearm without a serial number that you build for yourself may never be sold, traded, transferred, or given away. Period. End of story.
     
  8. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    I figure steel weapons will always be more desirable than plastic, with this being just one of many reasons why. I don't mean to insinuate that plastic guns will ever replace steel guns, but rather that they will catch up to them (relatively) in function and lethal potential.

    Given the option, I'll always prefer metal too :)
     
  9. TOG 6

    TOG 6 Well-Known Member

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    Cite the law and point out the part where it says a home built firearm without a serial number that you build for yourself may never be sold, traded, transferred, or given away.

    I think we both know you cannot.
     
    Last edited: Sep 16, 2018
  10. Ericb760

    Ericb760 Well-Known Member Past Donor

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    I stand corrected. As of June 1st, 2018, all "assault style" firearms in California were required to be marked with a serial number. I assumed, wrongly, that this was a trickle down requirement from the ATF. I was wrong. It is not.

    That said, I would highly recommend applying some sort of identifying mark on any home built firearm, as I seriously doubt that this loophole will remain in the ATF CFR for very much longer.

    http://www.gunsholstersandgear.com/...-apply-a-serial-number-to-a-homemade-firearm/
     
  11. Xenamnes

    Xenamnes Banned

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    Even if an unmarked, homemade firearm cannot be sold legally, how exactly would it even be proven that such an act actually occurred?
     
  12. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Here's the scenario that would have me concerned:

    Let's say I give my cousin Jethro an AR-15 I built a couple of years ago but never use anymore. Cousin Jethro goes on a meth binge and his mother gets concerned and decides to visit him at his single-wide. Jethro, in his state of delirium, shoots his mother dead with the AR you gave him when she tries to enter his trailer. The police ask Jethro where he got the rifle, and he tells them "My cousin gave it to me."

    I don't care if it's legal or not, your world just went to hell in a handbasket. Especially if you can't produce a serial number or a bill of sale and/or transfer.
     
    Doofenshmirtz likes this.
  13. Xenamnes

    Xenamnes Banned

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    If the firearm in question is built at home, with the receiver either being milled from a raw stock block or an eighty percent receiver, there would be no records of ownership to begin with, thus meaning nothing to tie it to anyone. How would it be proven who did or did not own the firearm to begin with? How would it actually be proven who built it? Why would the transfer be admitted to, rather than claiming that such never occurred and it must have been stolen? The only one who can testify is an individual wanted for murder with a history of abusing illicit narcotic substances, who can also be charged for possession of stolen property if the transfer is denied.
     
  14. Ericb760

    Ericb760 Well-Known Member Past Donor

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    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.

    Not really how I'd like to start my day. How about you?
     
  15. TOG 6

    TOG 6 Well-Known Member

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    And so, you cannot cite the law and point out the part where it says a home built firearm without a serial number that you build for yourself may never be sold, traded, transferred, or given away.
    Thank you
     
  16. TOG 6

    TOG 6 Well-Known Member

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    This is the case regardless of if the gun you made has a SN or not.
     
  17. Ericb760

    Ericb760 Well-Known Member Past Donor

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    Not necessarily. A fully documented, legal transaction involving a firearm with a traceable serial number, is not going to generate the kind of attention that a home built, non-serialized, no paperwork, gun transfer would.
     
  18. Ericb760

    Ericb760 Well-Known Member Past Donor

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    You're welcome.

    Although, every bit of info I could find suggested that putting a serial number on each and every firearm that you own is a wise decision. And, although you can gloat over it all you want, in California, a serial number is, indeed, required, whether you sell it in the future or not.
     
  19. perdidochas

    perdidochas Well-Known Member

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    Yes, but from my understanding, you can sell it after putting a serial number on it, provided your original intent when building it was not to sell it.
     
  20. perdidochas

    perdidochas Well-Known Member

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    There is no requirement to document a legal transaction involving a firearm (on the federal level, there may be state laws that require it, though). I can legally sell a gun to my next door neighbor without any paperwork (provided they are legally allowed to own a firearm).
     
  21. Xenamnes

    Xenamnes Banned

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    The above is a factually incorrect assumption of the matter.

    The member Bryanva is a seasoned and experienced prosecutor for the state of Virginia. And while he has not spoken on the issue of homemade firearms, he has spoken on other firearm-related topics, and explained how proposed firearm-related restrictions simply do not work no matter how well they are written. Chief among his explanations, felons, murderers, or other criminal individuals found in possession of firearms they rightfully should not have, but do so anyway. Observe the two following citations:

     
  22. Ericb760

    Ericb760 Well-Known Member Past Donor

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    I never suggested that the charges would result in a conviction, only that the chances of you being arrested and charged as an accessory is, indeed, a real danger. And once your mugshot is splashed across every newspaper and local news broadcast, your reputation will be destroyed.

    You want to play that game just because you can? Go ahead, win your Darwin Award.
     
  23. TOG 6

    TOG 6 Well-Known Member

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    How will any of this make it less likely the prosecutor will name you as an accessory in your aunt's murder for supplying cousin Jethro with the murder weapon and having you arrested?
    "Supplying Jethro" is the link here, not the presence or absence of a serial number on the gun.
     
  24. Ericb760

    Ericb760 Well-Known Member Past Donor

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    You think for one minute that the DA's office isn't going to let it slip out that the firearm used was a home built, non-serialized, baby killing machine that Jethro acquired through his cousin, who built the gun in his garage?

    And, you don't think that won't be the lead story on tonight's local news and the headline in tomorrow's local paper?

    Do you live under a rock?
     
  25. TOG 6

    TOG 6 Well-Known Member

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    Ah. You cannot answer my question.
    Thank you.
     

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