MA Serial Numbers On Homemade Firearms

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I have developed a bit of a contrary opinion regarding serial number requirements on newly manufactured firearms including homemade / 80%ers when manufactured in the state of MA.


MGL Chapter 269
Section 11E. All firearms, rifles and shotguns of new manufacture, manufactured or delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm......

Which I interpret as:

Section 11E. All firearms, rifles and shotguns of new manufacture, [STRIKE=undefined]manufactured or[/STRIKE] delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm......

or


Section 11E. All firearms, rifles and shotguns of new manufacture, manufactured [STRIKE=undefined]or delivered to any licensed dealer[/STRIKE] within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm......

Based on the way I interpret the text looks like serial numbers are required on all newly manufactured firearms including homemade / 80% and alike when manufactured in MA.


I know this issue has already been discussed elsewhere but consensus seems to be just the opposite of what I interpret above. I’m just throwing it out there hoping someone will correct me if I’m wrong.

Sincerely,

Todd S.
 
PLease define "homemade / 80%er". And all newly manufactured or imported firearms have needed serial numbers since 1968 or so.

Unless you're machining an action or frame, that comonent should have a serial number from the maker.

If you're machining an actin or frame....then that's another issue.....
 
PLease define "homemade / 80%er". And all newly manufactured or imported firearms have needed serial numbers since 1968 or so.

Unless you're machining an action or frame, that comonent should have a serial number from the maker.

If you're machining an actin or frame....then that's another issue.....

It's another issue.

An 80% receiver is a piece of metal destined to become a firearms receiver when the remaining 20% of the work is completed. 80% is the point where the ATF says any work past that point makes it a firearms receiver, as determined by the ATF tech branch. In either the 80% or homemade case, there is no federal requirement to serialize a firearm made for personal use.

The question is, is there an MA requirement for the same situation?

I'm going to have to take a closer look later, but I'm looking at the licensed dealer phrase being the key here. An 80%/0% doesn't go through one, so would this apply??

Interesting.
 
what is "licensed dealer", I assume that's FFL. So in case of a licensed individual (not a dealer) this does not apply then, right?
 
MisterHappy,
Yes I was refering to completly home made reciever, starting from a piece of raw material, or perhaps from an 80% complete part (which has no Federal serial number marking requirements).

KMM696,
Correct, no serial number marking requirement from the ATF for a homemade firearm either from scratch or from finishing an 80% complete reciever, and yes the question is does MA have a different view on the matter. I was actually NOT looking at the licensed dealer jargon, but rather at the rest of the text with the "or delivered to any licensed dealer" portion omitted for my own clarity.

For instaces assume I (in my garage) were to "make" a 1911's, built up from rough castings or bar stock, with All machining on the reciever completed by me. There is NO ATF marking requirements, but it is starting to appear that MA requirements may be different. Also if I do need to mark in accordance with MA law then, then I will also mark in accordance Gun Control Act of 1968 (GCA), Section 178.92 with respect to the format.

And if it turns out marking is required to be in accordance with MA law, wouldnt these firearms now be transferrable with respect to both MA and Federal requirements.

I do appreciate your thoughts on this.

Sincerely,

Todd S
 
For instaces assume I (in my garage) were to "make" a 1911's, built up from rough castings or bar stock,

Under current BATFE regulations, a 1911 frame without the rails cut is a non-firearm (similar in concept to an 80% AR15 receiver). It is completely legal for a vendor to manufacture and sell such frame (or rather, non-frames) without paperwork, 4473, or serial number.

This is interesting, since cutting rails into an otherwise complete 1911 frame is pretty straightforward on a manually operated bridgeport, provided you have the right fixtures set up - but machining a 1911 frame from bar stock or a rough casting is a substantial undertaking.

And if it turns out marking is required to be in accordance with MA law, wouldnt these firearms now be transferrable with respect to both MA and Federal requirements.

I don't know if there is an exemption for selling one you built yourself, but doing so would come with considerable risk of being accused for acting as a manufacturer without a license - particularly if there were any quantity or evidence of intent to sell at the time you built it.
 
Since you MUST file an FA-10 form upon completion of the gun and the FA-10 form requires a S/N (pre-1968 guns are exempt if no S/N exists), why not mark it in accordance with Fed Law upon completion and avoid any potential for questions?

If you built it and years later you sell it, I think it would be a non-issue. If you sell it almost immediately after completion, I can see the potential for (Fed) problems, even if you only sold one gun!
 
Lens,

Thank you for the response.

Since you MUST file an FA-10 form upon completion of the gun and the FA-10 form requires a S/N (pre-1968 guns are exempt if no S/N exists), why not mark it in accordance with Fed Law upon completion and avoid any potential for questions?

If you built it and years later you sell it, I think it would be a non-issue. If you sell it almost immediately after completion, I can see the potential for (Fed) problems, even if you only sold one gun!

The FA10 is a sales and transfers form. If the firearm is manufactured by me for my use and remains in my possession I dont believe there is a requrement to file the FA10 as there is no "transfer" taking place.

I understand IF the firearm is to be transfered (sold, given, willed, etc..) then the FA10 requirement comes into play and the firearm must be marked with a S/N to complete the transaction (post-1968); However that is getting a little away from my original question.

There are NO fed Law requirement to mark a homebuilt gun upon completion. Just trying to find out if my interpretation of the MA MGL's (original post) indicate that the state has a different requirement.

Please keep in mind I am not talking about manufacturing with the intent to sell. Not considering transfers of any kind. I'm not in the business of selling guns. Just one or two (or three) homebuilt firearms for my use. Just trying to decypher if MA requires serial numbers on homebuilt firearms.

Thank everyone for your input!

Sincerely,

Todd S
 
The FA10 is a sales and transfers form. If the firearm is manufactured by me for my use and remains in my possession I dont believe there is a requrement to file the FA10 as there is no "transfer" taking place.

Todd

My read on MGL C140 S128B is that it would require an FA-10 to be filed.

Section 128B. Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, ... shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number.

My assumption is that by making my own gun, I have obtained a firearm, by any source, within MA. So, I must report it to CJIS within 7 days, the mechanism for which is the FA-10. Like assembling an AR-15 on an unused lower receiver, I would also make the assumption that the 7 day clock starts the day the firearm is capable of firing.

As far as the serial number, I haven't found (yet) a MA requirement for one. There is a serial number block on the FA-10, but I was unable to find anything clear cut in the MGLs (big surprise, there). There was no federal requirement that guns be serialized prior to the 1968 GCA, which does not appear to be recognized in the MGLs requirements for reporting. I've filed FA-10s myself that had "NONE" as a serial number because of that.

So, because there's no federal S/N requirement for homebuilts, can I assume that MA will follow the same routine as unserialized pre '68 guns? From a strictly legal interpretation, keeping in mind that I'm not a lawyer, I'll say....maybe.

From a practical application of the MGLs based on being a gun owner in this goofy commonwealth, I'll say that yes, I'm serializing my build, and yes, I'm going to FA-10 it as soon as it can shoot. Between the demonization of gun owners and being a shall issue state, my personal risk assessment leads me to there.

And, I get to pick my own serial number.....the possibilities are endless.... [smile]
 
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...The FA10 is a sales and transfers form. If the firearm is manufactured by me for my use and remains in my possession I dont believe there is a requrement to file the FA10 as there is no "transfer" taking place...

"Registration" via FA-10 form is required within 7 days of completion (i.e. "capable of discharging a shot or bullet").
 
"Registration" via FA-10 form is required within 7 days of completion (i.e. "capable of discharging a shot or bullet").

on the ability to discharge a shot or bullet, if firearm is missing a part, like a trigger group, which can be readily put in without any alterations to the firearm, does that qualify for the clock to start ticking or actually fully assembling the firearms (i.e. just insert a cartridge and you can shoot it) ?
 
KMM696 and Kevlar have this correct.

I verified this with the authorities a few year ago. That is the current interpretation from EOPS/CJIS.
 
From a practical application of the MGLs based on being a gun owner in this goofy commonwealth, I'll say that yes, I'm serializing my build, and yes, I'm going to FA-10 it as soon as it can shoot. Between the demonization of gun owners and being a shall issue state, my personal risk assessment leads me to there.

And, I get to pick my own serial number.....the possibilities are endless.... [smile]

And I think thats probably the key right there. S/N + FA10 = no "interpretations" to worry about. Pretty trivial effort for the piece of mind it offers.

Thank you all for the guidance.

Sincerely,

Todd S
 
...if firearm is missing a part, like a trigger group, which can be readily put in without any alterations to the firearm, does that qualify for the clock to start ticking...

IANAL, but IMO, yes.

Case law has held that an inoperable firearm requiring a "...relatively slight repair, replacement, or adjustment..." is still a firearm.
 
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