does this need a serial number to be legal?

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13Bravo

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A friend of mine has a .22 single shot that his father built many years ago. Is this rifle legal if it has no serial # stamped on it?
 
Yes and No. It needs a "unique identifying mark" on it. A serial number is one example, "Built By Bubba Gump" is another, also "Charlene" is a third option.
 
As long as the home built firearm is not a destructive device, an any other weapon (such as a pistol with a vertical forward grip), short barrel rifle, short barrel shotgun or machinegun, does not fire from an open bolt and meets the requirements of 18 USC 922R for maximum number of imported parts on a "non sporting" semi-automatic rifle or shotgun, it should be good to go.


Disclaimer: I am not a lawyer.
 
-v-,
There is no Federal requirement for an identifying mark. Please post a reference or citation to prove me wrong.

Here is what the BATFE says on their frequently asked questions site located at: http://www.atf.gov/firearms/faq/firearms-technology.html#curio-relic-qualification

"Individuals manufacturing sporting-type firearms for their own use need not hold Federal Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also, the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully transferred in the future.
 
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Thanks for the help. His dad made this .22 single shot and from what he says it is pretty well made. His dad isn't around anymore so he really didn't know who else to ask. I came here because you guys know everything. I'm gonna check it out some more and suggest he have someone stamp his dad's initials on it or something. Thanks for the help guys.
 
If he made the gun for his own uses it doesn't need any markings whatsoever. Period.

If it is to be sold at some point, it will need the manufacturer's name and address, and it will need some identifying serial number, engraved to the specifications that the ATF provides.

-Sam
 
Sam1911,

agreed, with the addition of what chevyforlife21 posted. back in the '70's i bought an in the white, new FN mfgd mdl 98 mauser commercial action with no serial #'s. owner had bought them and new in the white sako actions from ellett brothers distribution at some point before that.

like "chev", i have no idea of when the legal changes were made. only know it was legal in commercial production and even imported firearms at some point.

gunnie
 
The Gun Control Act of 1968 made it a federal requirement that all guns being sold have a serial number / identifying marks. Prior to that date many did, but not all.

A gun you make for your own use still doesn't require one, however if you sell a home-made gun you do need to put the appropriate identifying marks on.

(And, of course, you can't make firearms to sell without holding a manufacturer's license, but that's another topic.)

-Sam
 
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