Is It Already Illegal To Buy A Gun Without Registering

serial number on homemade firearm

Building your own AR-15Â from an 80% lower has become a popular hobby. Of course, there are many other firearms you lot tin can build from scratch too: everything from a 1911 to a ten/22.

Firearm manufacturing is a highly regulated manufacture, and everyone wants to stay within the bounds of the law. So, what is, and is not, legal when making your own gun?

In this article, I am addressing one specific question: Do you have to engrave a serial number on your completed firearm?

Read This First

Earlier I get any farther: I am not a lawyer and take noÂ specialized knowledge of the constabulary across whatÂ anyone else can research. Nada in this article should be considered legal advice. To put it in perspective, I'grand just a guy with a keyboard – but then, so is that guy on Reddit or Facebook handing out advice. Advisedly source your ain information.

None of the information in this article applies to land or local laws. It applies merely to the federal laws of the United States. Additionally, this information applies simply to non-NFA items. All NFA items crave series numbers and other markings.

Laws change. At some point in the future, the laws regarding bootleg firearms may change and return this information obsolete. Do your own homework and err on the side of caution.

Am I required to apply a series number to a gun I manufacture?

Short Answer: No

Long Answer: Â My research indicates there is no federal police force or regulation that requires a person to marker his or her personally manufactured firearm with a serial number or other information. I had this confirmed by the Firearms Manufacture Programs Co-operative of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).

Building an AR from an 80 lower

Additional Data

Federal law does not prohibit an individual from making a fully functional firearm for his or her own utilize. Further, youÂ do notÂ need a federal firearms license (FFL) to manufacture the gun. Refer toÂ 18 U.s.C. 922 (firearms crimes) and eighteen U.S.C. 923 (firearms licensing)Â in public police force. The BATFEÂ acknowledges this here.

Notwithstanding, you lot cannot make the gun with the intent to sell or otherwise transfer the gun to another. This prohibition includes making a gun as a souvenir for an firsthand family member. However, building a gun for yourself that y'all later decide to sell or transfer is permissible. I would strongly urge circumspection, every bit the practice of making a gun for some other is prohibited without a license. It would be upwardly to you to prove that you made it for yourself and and then later decided to sell or give it abroad.

I've never been able to notice whatever reference in federal law to a serial number or other manufacturing marks being required on a personally made firearm. When I contacted the BATFE about this in December of 2016, Firearms Enforcement Specialist L. Babbie of the Firearms Industry Programs Branch in Washington DC stated:

Additionally, although markings are non required on firearms manufactured for personal utilise (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial number and/ or other marks of identification to aid in investigation or recovery by State or local law enforcement officials in the event of a theft or loss of the privately owned firearm. (accent added)

I have never establish any apparent information that contradicts Specialist Babbie'south statement. Keep in listen this is all referring to federal constabulary – non country police. Private states may pass laws that require serial numbers on dwelling house made firearms.

personally built firearm markings

What about a gun I make for myself and later on transfer?

Short Respond: No

Long Respond: My research indicates there is no federal law that requires a personally made firearm that was manufactured for personal useÂ to have a series number of other mark before yous sell or transfer it to another person. Nonetheless, the BATFE muddies the water on this one because of the way they phrase certain things, and that people do non read the underlying CFR referenced by the bureau.

Nonetheless, when straight questioned about the requirement, BATFE has stated that no serial number is required in this specific instance. I suggest reading the additional information below.

Additional Information

This respond is disputed past some gun owners, though it seems clear to me.

Federal police force does not prohibit the transfer of a homemade firearm to some other person so long as the gun was non made with the intent of transferring it to another person. In other words, when y'all fabricated the gun, if it was your intention to proceed and use it yourself then it is legal to later sell, souvenir or trade the gun to some other person and not be in violation of the manufacturer licensing requirements in federal constabulary.

This data was also confirmed by Specialist Babbie:

A person who previously made a firearm for personal use is not prohibited by law from selling such firearm.Â Such seller needs to ensure that he/she is actually selling a firearm that was previously fabricated for personal use and that he/she is not engaged in the business concern of manufacturing without a Federal firearms license (FFL).

The gun may be transferred in any of the normal ways including contiguous sales inside a country (where non precluded past local police force), through an FFL or by passing of the weapons to an heir.

However, Specialist Babbie was careful to note:

Making a firearm to gift to someone is not making a firearm for personal use.

In other words, you cannot make your son a hunting rifle and give it to him for Christmas unless you agree an FFL.

So, since it is obvious that transferring a personally made firearm is legal, let'southward accost the question of what, if any, marking requirements are there on a gun being transferred. This is where the BATFE causes confusion.

I accept been unable to observe any public police or CFR that requires a series number or other marking on a personally made and owned firearm that is later on transferred. None.

However, the BATFE makes the statement here that:

Receivers that encounter the definition of a â€œfirearmâ€ must accept markings, including a serial number. Run into 27 CFR Â§ 478.92 (Firearm manufacturers marking requirements).

Unfortunately, the BATFE does non link to the regulation for people to review. I suspect that few people have the timeÂ to look upÂ 27 CFR Â§ 478.92. But I have and it tin can be read here.

The regulation states quite clearly:

You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported equally follows…

Equally someone who is non an FFL holder who is making a gun at home and for your own personal use, this CFR simply does non seem to employ.

I take seen an image of part of a letter that is presumably from the BATFE on this subject field that farther confuses the subject field. In the letter signed by Sterling Nixon, Chief, Firearms Technology Co-operative, Nixon makes the statement:

…a nonlicensee may manufacture a semiautomatic rifle for his or her ain personal use…However, if the firearm is transferred to another political party at some point in the future, the firearm must be marked in accordance with the provisions set along in 27 CFRÂ Â§ 478.92 (formerly 178.92).

Since the words "must be marked" appear, people sometime assume that ways the personally fabricated and used firearm that is now beingness transferred must be marked. However, the full statement includes "must be marked in accordance with…27Â CFRÂ Â§ 478.92", which clearly only applies to FFL holders. In other words, as I sympathize it, not placing markings on the gun would not take you out of complianceÂ with 27 CFRÂ Â§ 478.92, so long as yous did not otherwise fall under the requirements of the CFR.

I confirmed this through a series of east-mails with Specialist Babbie when I asked this question:

For description, if I (not a licensed manufacturer or importer) make a firearm for personal employ and at some subsequently date I decide to sell it, am I required to have information technology marked with any information? If so, what data would be required?

Specialist Babbie provided this clear and unambiguous response:

Firearms markings are but required by those who are licensed importers, licensed manufacturers, and those who make an NFA firearm for personal utilize. Â Those marks would be made at the time important, manufacture, or when an NFA firearm was made for personal use.Â Under Federal law, no markings would be required in your circumstance. (emphasis added)

So, with the following information:

no constabulary I've been able to find or seen cited requiring a series number or other marking;
no CFR I've been able to discover or seen cited requiring a series number or other marking; and
a BATFE Firearms Enforcement Specialist saying no serial number or other marker is required

it seems fairly clear that no series number or other marking is required on a firearm that you personally made for your ain utilise that you later decide to transfer.

Again, I urge extreme caution. The presumption in police force is that you need an FFL to manufacture firearms for sale to others. Information technology would appear that y'all demand to be able to bear witness that the personally made gun was for you and used by you and non intended for transfer to another person.

Should I apply a serial number to my gun anyway?

Short Respond: Yep

Long Respond

There are two good reasons why you should consider marking your gun in accord with 27 CFRÂ Â§ 478.92 even though it is not required. Outset, it avoids whatever confusion about the application ofÂ 27 CFRÂ Â§ 478.92. Consider this a CYA, though I don't think it to be a stiff enough Â reason for me. I have no intention of e'er selling, trading or otherwise transferring any gun that I may make to someone else.

The 2nd reason, however, is much more important to me. Marker your firearm with a serial number and other data volition let information technology to be identified every bit a stolen firearm if it is ever taken from you. Firearm thefts happen, and a serial number allows local law enforcement to enter the weapon into the National Crime Information Center (NCIC).

When an officer comes across some gang banger with your gun, that serial number will come dorsum as stolen. The thug in possession volition become for a felony and the officers might be able to track back and find out who bankrupt into your home. Cops getting criminals – especially violent ones – off the street is something I fully support. A serial number on your gun can assistance that happen should it ever exist stolen.