1911 Firearm Addicts banner
1 - 11 of 11 Posts

·
Max Otto von Stierlitz
Joined
·
2,638 Posts
Discussion Starter · #1 ·
From a purely speculative point of view, let’s say you buy one of the Glock knock-off “ghost” gun making kits. And you make the ghost gun for yourself (no serial number, etc.). You keep the gun for several years, shooting and owning it, in 100% legal fashion.

You die.

Your adult son (who is also a “gun guy”) discovers it while cleaning out your closet. And for sake of argument, the pistol isn’t covered or addressed in a Will or Trust. Is it legal for him to keep it? (I suppose, he could always just claim he made it... whatever...). Could he sell it (legally)?

Same nature of questions might apply to silencers, too. But of course the tax stamp thing enters the equation also. A silencer owned by a family trust, and all folks covered by the Trust die off. What happens (legally) to the can? Can a grandson claim the silencer by paying the tax stamp? Is he in trouble for possessing it before all the bureaucratic paperwork is made legal. Is it best to tell the BATFE the can has been destroyed - how to stay out of trouble with those guys?
 

·
Premium Member
Joined
·
31,254 Posts
If he doesn’t tell anyone he didn’t build it, why couldn’t he could keep it?

You CAN NOT sell a weapon that doesn’t have a serial number. The laws are written with wording that states that the builder of an 80% can not be passed along to another person.
 

·
Banned
Joined
·
821 Posts
You can sell a homemade firearm, you just have to put a serial number on it and you can't make it for the sole purpose of selling it. I'd say what the gubment don't know wont hurt them... or you. I would think it would be legal, however I'm not sure and it would probably vary by state.
 

·
CEO of DILLIGAF industries
Joined
·
8,563 Posts
Questions like this are why I have no interest in a ghost gun . You have federal law , then state law , and it seems like no one can give you a 100% straight answer . If one can legally own a gun , and you feel the need to build one , just buy a receiver with ser. number . Or , if you want to build a ghost gun just keep your mouth shut and don't sell it . I really don't know the ramifications of stamping in your own number . Are you then a manufacturer ?
 

·
Banned
Joined
·
821 Posts
Questions like this are why I have no interest in a ghost gun . You have federal law , then state law , and it seems like no one can give you a 100% straight answer . If one can legally own a gun , and you feel the need to build one , just buy a receiver with ser. number . Or , if you want to build a ghost gun just keep your mouth shut and don't sell it . I really don't know the ramifications of stamping in your own number . Are you then a manufacturer ?
If you make it, you are the manufacturer. It's legal to give it your own number. Like I said though, just can't make is specifically to sell, then you need a manufactures license.
 

·
THE DOCTOR WILL SEE YOU......LATER
Joined
·
3,342 Posts
Either way....ya'll better get your kits....cause the BATF folks most certainly have this on their radar screens to eliminate. You have to consider what is defensible in court in terms of "the reasonable" person. The reasonable person goes to the gun store etc. Why does the reasonable person build an undetectable firearm, to escape Nancy Pelosi's scrutiny? I hope you understand my point. Personally I don't these kits are a problem or the crux of a huge problem. There are not legions of hinky punks building 80% kits in deep underground factories and storing them for the "revolution". But this is exactly what ignorant people think us gun owners are doing. It is fundamental that we understand the irrationality of these anti gun protestors. If we don't, we will relinquish these rights.
 

·
Max Otto von Stierlitz
Joined
·
2,638 Posts
Discussion Starter · #9 ·
I tried to ask the question from more of the perspective of the legal status of the pieces of hardware, after things like “inheritance” issues play out. Realizing ‘who’ ultimately winds up in possession of something - whether they necessarily wanted it or not, may be problematic but I was more concerned with any legal entanglements they may be exposed to (particularity with regard to the ATF). Maybe it’s best to advise family members (or extended family members), just to throw the piece away. And how many would really do that(?)... even at the peril of running afoul of the law.
 

·
CEO of DILLIGAF industries
Joined
·
8,563 Posts
I tried to ask the question from more of the perspective of the legal status of the pieces of hardware, after things like “inheritance” issues play out. Realizing ‘who’ ultimately winds up in possession of something - whether they necessarily wanted it or not, may be problematic but I was more concerned with any legal entanglements they may be exposed to (particularity with regard to the ATF). Maybe it’s best to advise family members (or extended family members), just to throw the piece away. And how many would really do that(?)... even at the peril of running afoul of the law.
After my stepfather passed , my mother gave me his guns as she found them . Stashed in various places around the hose . Quite a few had numbers removed or obliterated . They ended up in the Missouri river on my way home . I wouldn't even call ATF or any law enforcement and get on their radar .
 

·
CEO of DILLIGAF industries
Joined
·
8,563 Posts
You've got federal law , which seems to change with political climate , then you've got state law . It's sort of like marijuana laws . Some states it's legal , but still against federal law . Gun prices are extremely low right now , you can't build one as cheap as just buying a base gun , especially where ARs are concerned . If one goes the route of building a numberless gun , pay attention to ever changing laws .
 
1 - 11 of 11 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top