Can a Homemade firearm be transferred? (Read 3447 times)

suka

Can a Homemade firearm be transferred?
« on: November 08, 2014, 11:59:12 PM »
YES

Hawaii Revised Statue 134-31 (HRS), never mentions homemade firearms, thus HRS does not prohibit any type of  firearms transfers within Hawaii. Futhermore, only a business engaged in the sell and manufacture requires a license. Transfer does not mean sell.

HRS134-31
  License to sell and manufacture firearms; fee.  Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail


The Gun Control Act of 1968 (GCA) does not prohibit the lawful transfer of homemade firearms.
Under NO Federal law does it prohibit the sale/transfer of homemade firearms (as long as its not engaged in the business of selling or distributing......)


excerpt from ATF letter;

........if the firearm is transferred to another party at some point in the future, the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92.

« Last Edit: November 09, 2014, 12:12:32 AM by suka »

DQook

Re: Can a Homemade firearm be transferred?
« Reply #1 on: June 29, 2015, 08:46:46 PM »
sorry to bring up an old post. :'( suka you seem to be very educated in this subject and the letter you posted is very helpful.

so if i manufacture a semi automatic rifle with no intent of transferring it to another party, then i dont have to make any identifying markings whatsoever on the firearm?

also in the state of hawaii am i lawfully required to register a homemade firearm with the police department or can i keep a homemade gun unregistered?

thanks ahead of time i want to make sure i don't break any laws.

Heavies

Re: Can a Homemade firearm be transferred?
« Reply #2 on: June 29, 2015, 08:55:26 PM »
sorry to bring up an old post. :'( suka you seem to be very educated in this subject and the letter you posted is very helpful.

so if i manufacture a semi automatic rifle with no intent of transferring it to another party, then i dont have to make any identifying markings whatsoever on the firearm?

also in the state of hawaii am i lawfully required to register a homemade firearm with the police department or can i keep a homemade gun unregistered?

thanks ahead of time i want to make sure i don't break any laws.


By law you will need to register and engrave a serial number on the firearm.  http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.htm
http://www.honolulupd.org/information/index.php?page=gunmain
 
Quote
...If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to
registration....

suka

Re: Can a Homemade firearm be transferred?
« Reply #3 on: June 30, 2015, 07:06:39 AM »
ATF does not require any markings

however the state of Hawaii requires registration and all markings are required
manufacture,  city, state , caliber