The Gun Control Act of 1968 required those who engage in the business of manufacturing or dealing in firearms to be licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Licensed manufacturers must mark the firearms with serial numbers and keep records of the transfers.
The GCA also prohibits certain individuals from possessing firearms (convicted felons, domestic abusers, drug users, and fugitives). 18 USC 922(g). It is also a crime to transfer a firearm to a person one has reason to believe is prohibited from possessing it. 18 USC 922(d)
Unlicensed person can privately sell a firearm and has no obligation to keep a record of the sale, or conduct a background check, or even know the identity of the buyer. He can also make a firearm whiteout placing a serial number on it, registering, or notifying anyone of its existence. These are all legal aspects of being a private unlicensed citizen, unless your activities rise to the level of “engaging in the business” of selling or making guns.
Anton Vialtsin, Esq.
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