80% AR Build State Legality - Oregon

[Atomic_Dog9601]

What is the legality of owning a functional AR-15 built from a un-serialized 80% receiver currently?
I know the ATF and Federal government is seeking to regulate the lowers and part kits.
But my question is if I were to build one and an official agent (ATF or otherwise) were to discover I had it what would the legal if any ramifications be?
I am not a felon nor have I been adjudicated by a court to be mentally defective/deficient and aside from a minor Public Intoxication citation my criminal record is clean.
SO... Hypothetically speaking if I were to purchase components, complete the firearm, and possess it would I be subject to potential legal troubles down the road? (assuming the proposed ban does not go through)

 

[herrwalther]

Currently there is nothing passed at the Federal level to make 80% receivers illegal. Based on what I can find, there is also nothing at the state level (Oregon) making them illegal either.

However, the state AG has joined other states asking the ATF to make 80% receivers illegal nationwide. So they are definitely in the cross hairs of gun control politicians.
https://www.doj.state.or.us/media-h...-for-federal-regulation-of-deadly-ghost-guns/

 

[Atomic_Dog9601]

Thank u

 

[Monster Zero]

Currently there is nothing passed at the Federal level to make 80% receivers illegal. Based on what I can find, there is also nothing at the state level (Oregon) making them illegal either.

However, the state AG has joined other states asking the ATF to make 80% receivers illegal nationwide. So they are definitely in the cross hairs of gun control politicians.
https://www.doj.state.or.us/media-h...-for-federal-regulation-of-deadly-ghost-guns/

How about, HYPOTHETICALLY, if one were privately trade for a receiver that turned out to be a finished 80 per cent receiver, with no serial number? What would be the hypothetical situation in that scenario?

If it should be a problem, what would be the wisest way of disposing of said receiver - again, hypothetically and academically?

TIA

 

[Atomic_Dog9601]

How about, HYPOTHETICALLY, if one were privately trade for a receiver that turned out to be a finished 80 per cent receiver, with no serial number? What would be the hypothetical situation in that scenario?

If it should be a problem, what would be the wisest way of disposing of said receiver - again, hypothetically and academically?

TIA

I'm not an expert but under current ATF regulations the ownership of a finished 80% receiver is not a crime as long as u were the one to purchase and complete it. But the transfer, transport, and/or sale of an un-serialized receiver is a punishable offense. If you were to unwittingly receive a completed lower that lacked a serial number I believe there are instructions online how to make it inoperable. After this I would either find the nearest lake or junkyard and toss it in. You could go to a local ATF office but if would open a whole other can of worms. While they cannot prove you unknowingly purchased the device at the same time you have no way of proving you didn't know either. All in all I would stay away from buying lowers from an unknown dealer all together. It's probably a safer bet in the long run.
In terms of official legal consequences I believe minimum sentence is 5 years federal time. So only purchase an unfinished lower if you are the only person who will use it once it's finished.
Also if you do construct a un- serialized weapon tell as few people as possible that you have it. HYPOTHETICALLY of course

 

[Monster Zero]

I'm not an expert but under current ATF regulations the ownership of a finished 80% receiver is not a crime as long as u were the one to purchase and complete it. But the transfer, transport, and/or sale of an un-serialized receiver is a punishable offense. If you were to unwittingly receive a completed lower that lacked a serial number I believe there are instructions online how to make it inoperable. After this I would either find the nearest lake or junkyard and toss it in. You could go to a local ATF office but if would open a whole other can of worms. While they cannot prove you unknowingly purchased the device at the same time you have no way of proving you didn't know either. All in all I would stay away from buying lowers from an unknown dealer all together. It's probably a safer bet in the long run.
In terms of official legal consequences I believe minimum sentence is 5 years federal time. So only purchase an unfinished lower if you are the only person who will use it once it's finished.
Also if you do construct a un- serialized weapon tell as few people as possible that you have it. HYPOTHETICALLY of course

Thanks for the answer, I am now edified on this subject, should it ever arise.

 

[pdsmith505]

I'm not an expert but under current ATF regulations the ownership of a finished 80% receiver is not a crime as long as u were the one to purchase and complete it. But the transfer, transport, and/or sale of an un-serialized receiver is a punishable offense. If you were to unwittingly receive a completed lower that lacked a serial number I believe there are instructions online how to make it inoperable. After this I would either find the nearest lake or junkyard and toss it in. You could go to a local ATF office but if would open a whole other can of worms. While they cannot prove you unknowingly purchased the device at the same time you have no way of proving you didn't know either. All in all I would stay away from buying lowers from an unknown dealer all together. It's probably a safer bet in the long run.
In terms of official legal consequences I believe minimum sentence is 5 years federal time. So only purchase an unfinished lower if you are the only person who will use it once it's finished.
Also if you do construct a un- serialized weapon tell as few people as possible that you have it. HYPOTHETICALLY of course

Concur, you are not an expert.

Please cite the statute that prohibits possession, ownership, or transfer of home made and/or un-serialized firearms.

With respect to federal law (individual states may differ)

Commercial arms manufactured before the 1968 GCA were not required to be serialized, and we're never required to be serialized retroactively

Home made firearms are legal to make and are not required by law to be serialized. You can subsequently sell them later if you decide you no longer want to own it. The only restriction is that you aren't making them for the purpose of selling them.

 

[Atomic_Dog9601]

Concur, you are not an expert.

Please cite the statute that prohibits possession, ownership, or transfer of home made and/or un-serialized firearms.

With respect to federal law (individual states may differ)

Commercial arms manufactured before the 1968 GCA were not required to be serialized, and we're never required to be serialized retroactively

Home made firearms are legal to make and are not required by law to be serialized. You can subsequently sell them later if you decide you no longer want to own it. The only restriction is that you aren't making them for the purpose of selling them.

I am new to the DIY firearms market. I try to be as up to date on my information as possible. I was not trying to give legal advice just passing on the gist of what I know. I was told by a law officer that it was illegal to pass on or sell an un-serialized firearm without first putting a serial number on it. I am just sceptical of buying any firearm or component from a stranger of the street. Because there is no way of knowing where it came from, wether or not it was stolen, or used in a crime.

 

[Elkins45]

I'm not an expert but under current ATF regulations the ownership of a finished 80% receiver is not a crime as long as u were the one to purchase and complete it. But the transfer, transport, and/or sale of an un-serialized receiver is a punishable offense. If you were to unwittingly receive a completed lower that lacked a serial number I believe there are instructions online how to make it inoperable. After this I would either find the nearest lake or junkyard and toss it in. You could go to a local ATF office but if would open a whole other can of worms. While they cannot prove you unknowingly purchased the device at the same time you have no way of proving you didn't know either. All in all I would stay away from buying lowers from an unknown dealer all together. It's probably a safer bet in the long run.
In terms of official legal consequences I believe minimum sentence is 5 years federal time. So only purchase an unfinished lower if you are the only person who will use it once it's finished.
Also if you do construct a un- serialized weapon tell as few people as possible that you have it. HYPOTHETICALLY of course

The statement bolded above is completely wrong, at least in regard to federal law. You do no favors when you pass along stuff someone told you in a gun shop as if it were an actual knowledge of the law.

It's illegal to sell or possess a gun that WAS serialized but has had the serial number removed or defaced. Perhaps that's what your source of bad info was thinking about?

. I am just sceptical of buying any firearm or component from a stranger of the street. Because there is no way of knowing where it came from, wether or not it was stolen, or used in a crime.

The same is true of a used hammer, or weed whacker, or pocket knife, or any other object you purchase used.

 

[Atomic_Dog9601]

For heaven's sake. I didn't ask the question in the first place to be gang banged by a bunch of morons who have nothing better to do with their time. I just wanted some basic info. But I guess I should have known better than to turn to a internet forum that supposedly supports gun owners. Fine. I'm not going to offer my 2 cents anymore if you dimwits have nothing better to do.

For all future advice seekers. Contact the NRA, A Constitutional Lawyer. Your local ATF. To all future commentators on this forum if you have no advice to give on my original question move on.

 

[Elkins45]

For heaven's sake. I didn't ask the question in the first place to be gang banged by a bunch of morons who have nothing better to do with their time. I just wanted some basic info. But I guess I should have known better than to turn to a internet forum that supposedly supports gun owners. Fine. I'm not going to offer my 2 cents anymore if you dimwits have nothing better to do.

For all future advice seekers. Contact the NRA, A Constitutional Lawyer. Your local ATF. To all future commentators on this forum if you have no advice to give on my original question move on.

We "morons and dimwits" have a better understanding of the law than you do. And we all seem to have better manners as well...

 

[Atomic_Dog9601]

I stated I was not an expert. What more do you want?

 

[herrwalther]

I'm not an expert but under current ATF regulations the ownership of a finished 80% receiver is not a crime as long as u were the one to purchase and complete it. But the transfer, transport, and/or sale of an un-serialized receiver is a punishable offense.

As far as I know, this is a legal grey area. As in there is little supporting statutes or case precedent of you getting in legal trouble for trading in one 80% receiver. (Federal) Law says you can make (from scratch or kit) a firearm for personal use. But if you were to make firearms for sale or distribution, you need a license. Specifically an 07 FFL. Simply asking a LEO is not enough. These questions are best asked through a lawyer that is familiar and works with firearms law or a competent ATF agent. You may or may not get in trouble for trading a receiver that was made from an 80% lower. But that is not something I would be willing to gamble with. I have several homemade firearms from kits. If I were to part with them, they would have a serial number and a sit down with the family attorney at the very least.

Some people on this forum genuinely try to help navigate law and anything else firearm related. Try to keep that in mind.

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]

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

 

[Frank Ettin]

Enough!