Building your own AR-15 from an 80% lower has become a popular hobby. Of course, there are many other firearms you can build from scratch as well: everything from a 1911 to a 10/22.
Firearm manufacturing is a highly regulated industry, and everyone wants to stay within the bounds of the law. So, what is, and is not, legal when making your own gun?
In this article, I am addressing one specific question: Do you have to engrave a serial number on your completed firearm?
Read This First
Before I go any farther: I am not a lawyer and have no specialized knowledge of the law beyond what anyone else can research. Nothing in this article should be considered legal advice. To put it in perspective, I’m just a guy with a keyboard – but then, so is that guy on Reddit or Facebook handing out advice. Carefully source your own information.
None of the information in this article applies to state or local laws. It applies only to the federal laws of the United States. Additionally, this information applies only to non-NFA items. All NFA items require serial numbers and other markings.
Laws change. At some point in the future, the laws regarding homemade firearms may change and render this information obsolete. Do your own homework and err on the side of caution.
Please note: the laws and ATF rules have changed since I wrote this article! Be sure to read the section at the end on the ATF serial number requirements for a look at the current state of things.
Am I required to apply a serial number to a gun I manufacture?
Short Answer: No
Long Answer: My research indicates there is no federal law or regulation that requires a person to mark his or her personally manufactured firearm with a serial number or other information. I had this confirmed by the Firearms Industry Programs Branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).
Additional Information
Federal law does not prohibit an individual from making a fully functional firearm for his or her own use. Further, you do not need a federal firearms license (FFL) to manufacture the gun. Refer to 18 U.S.C. 922 (firearms crimes) and 18 U.S.C. 923 (firearms licensing) in public law. The BATFE acknowledges this here.
However, you cannot make the gun with the intent to sell or otherwise transfer the gun to another. This prohibition includes making a gun as a gift for an immediate family member. However, building a gun for yourself that you later decide to sell or transfer is permissible. I would strongly urge caution, as the practice of making a gun for another is prohibited without a license. It would be up to you to prove that you made it for yourself and then later decided to sell or give it away.
I’ve never been able to find any reference in federal law to a serial number or other manufacturing marks being required on a personally made firearm. When I contacted the BATFE about this in December of 2016, Firearms Enforcement Specialist L. Babbie of the Firearms Industry Programs Branch in Washington DC stated:
Additionally, although markings are not required on firearms manufactured for personal use (excluding NFA firearms), owners are recommended to conspicuously place or engrave a serial number and/ or other marks of identification to aid in investigation or recovery by State or local law enforcement officials in the event of a theft or loss of the privately owned firearm. (emphasis added)
I have never found any credible information that contradicts Specialist Babbie’s statement. Keep in mind this is all referring to federal law – not state law. Individual states may pass laws that require serial numbers on home made firearms.
What about a gun I make for myself and later transfer?
Short Answer: No
Long Answer: My research indicates there is no federal law that requires a personally made firearm that was manufactured for personal use to have a serial number of other marking before you sell or transfer it to another person. However, the BATFE muddies the water on this one because of the way they phrase certain things, and that people do not read the underlying CFR referenced by the agency.
However, when directly questioned about the requirement, BATFE has stated that no serial number is required in this specific case. I suggest reading the additional information below.
Additional Information
This answer is disputed by some gun owners, though it seems clear to me.
Federal law does not prohibit the transfer of a homemade firearm to another person so long as the gun was not made with the intent of transferring it to another person. In other words, when you made the gun, if it was your intention to keep and use it yourself then it is legal to later sell, gift or trade the gun to another person and not be in violation of the manufacturer licensing requirements in federal law.
This information was also confirmed by Specialist Babbie:
A person who previously made a firearm for personal use is not prohibited by law from selling such firearm. Such seller needs to ensure that he/she is actually selling a firearm that was previously made for personal use and that he/she is not engaged in the business of manufacturing without a Federal firearms license (FFL).
The gun may be transferred in any of the normal ways including face-to-face sales within a state (where not precluded by local law), through an FFL or by passing of the weapons to an heir.
However, Specialist Babbie was careful to note:
Making a firearm to gift to someone is not making a firearm for personal use.
In other words, you cannot make your son a hunting rifle and give it to him for Christmas unless you hold an FFL.
So, since it is obvious that transferring a personally made firearm is legal, let’s address the question of what, if any, marking requirements are there on a gun being transferred. This is where the BATFE causes confusion.
I have been unable to find any public law or CFR that requires a serial number or other marking on a personally made and owned firearm that is later transferred. None.
However, the BATFE makes the statement here that:
Receivers that meet the definition of a firearm must have markings, including a serial number. See 27 CFR § 478.92 (Firearm manufacturers marking requirements).
Unfortunately, the BATFE does not link to the regulation for people to review. I suspect that few people take the time to look up 27 CFR § 478.92. But I have and it can be read her.
The regulation states quite clearly:
You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported as follows…
As someone who is not an FFL holder who is making a gun at home and for your own personal use, this CFR simply does not seem to apply.
I have seen an image of part of a letter that is presumably from the BATFE on this subject that further confuses the subject. In the letter signed by Sterling Nixon, Chief, Firearms Technology Branch, Nixon makes the statement:
…a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use…However, 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 (formerly 178.92).
Since the words “must be marked” appear, people sometime assume that means the personally made and used firearm that is now being transferred must be marked. However, the full statement includes “must be marked in accordance with…27 CFR § 478.92”, which clearly only applies to FFL holders. In other words, as I understand it, not placing markings on the gun would not take you out of compliance with 27 CFR § 478.92, so long as you did not otherwise fall under the requirements of the CFR.
I confirmed this through a series of e-mails with Specialist Babbie when I asked this question:
For clarification, if I (not a licensed manufacturer or importer) make a firearm for personal use and at some later date I decide to sell it, am I required to have it marked with any information? If so, what information would be required?
Specialist Babbie provided this clear and unambiguous response:
Firearms markings are only required by those who are licensed importers, licensed manufacturers, and those who make an NFA firearm for personal use. Those marks would be made at the time of import, manufacture, or when an NFA firearm was made for personal use. Under Federal law, no markings would be required in your circumstance. (emphasis added)
So, with the following information:
- no law I’ve been able to find or seen cited requiring a serial number or other marking;
- no CFR I’ve been able to find or seen cited requiring a serial number or other marking; and
- a BATFE Firearms Enforcement Specialist saying no serial number or other marking is required
it seems fairly clear that no serial number or other marking is required on a firearm that you personally made for your own use that you later decide to transfer.
Again, I urge extreme caution. The presumption in law is that you need an FFL to manufacture firearms for sale to others. It would appear that you need to be able to prove that the personally made gun was for you and used by you and not intended for transfer to another person.
Should I apply a serial number to my gun anyway?
Short Answer: Yes
Long Answer
There are two good reasons why you should consider marking your gun in accordance with 27 CFR § 478.92 even though it is not required. First, it avoids any confusion about the application of 27 CFR § 478.92. Consider this a CYA, though I don’t think it to be a strong enough reason for me. I have no intention of ever selling, trading or otherwise transferring any gun that I may make to someone else.
The second reason, however, is much more important to me. Marking your firearm with a serial number and other information will allow it to be identified as a stolen firearm if it is ever taken from you. Firearm thefts happen, and a serial number allows local law enforcement to enter the weapon into the National Crime Information Center (NCIC).
When an officer comes across some gang banger with your gun, that serial number will come back as stolen. The thug in possession will go for a felony and the officers might be able to track back and find out who broke into your home. Cops getting criminals – especially violent ones – off the street is something I fully support. A serial number on your gun can help that happen should it ever be stolen.
Additional Documentation
This is the initial e-mail I sent to the BATFE seeking clarification on the issues surrounding the manufacture and marking of personally made guns:
This is the response I received:
I then followed up with this question:
and received this response:
ATF Serial Number Requirements – Update
This year has been wild for ATF rulings, changes and lawsuits. Currently, the ATF is attempting to enforce its new rules regarding what constitutes a “receiver.” Many people believe the new ATF rule is both illegal under the existing Federal law and unconstitutional from both the 2nd Amendment and the Separation of Powers clause.
Lawsuits are flying and at least one judge made a determination that the application of any serial number to a firearm may be unconstitutional. [Do NOT rely on this as a criminal defense!]
Right now things are fluid, and I would recommend doing your own research and contacting an attorney for any questions you may have. Do not take anything in this article as legal advice!
Last update: October 23, 2022
48 replies on “Am I Required to Apply a Serial Number to a Homemade Firearm?”
My “American” Experience – at the range with a so-called Polymer80 Legal Expert”
Similar to Brian Winn below, I too went to a local range and proudly displayed my new P80 Compact. It was not my first time building something, I’ve been a 2011 crafter for years, and currently CNC the frames from raw billets. However, this was my first plastic pistola, and I felt it was something I could be proud of. I had done some burn-in testing, and got about 50 or so rounds downrange before a few people started noticing it and we got to talking – ironically about the stigma attached to this type firearm and the craftsmanship required to do a great job.
Just then, a third guy who had been eavesdropping from the adjacent lane (claimed to be a “former” Trooper, one who had recently retired from PA State Police) came over and nearly assaulted me with his outrage, telling me all about how it’s fanatics like me who are arming the gang members and getting cops mowed down in the street.
I had not expected the aggressiveness, and was a bit back on my heels by the attack. So, I acknowledged him politely, thanked him for his years of service as a LEO, and then I asked him for more detail on what he was talking about. And he proceeded to give me a long rant about the illegal ways that people like me were making ghost guns and then selling them on the street, making it impossible for law enforcement to catch anyone or trace the firearm. He demanded to know how I could sleep at night, knowing I was responsible for the loss of lives – even one of his good friends whom he had lost to a ghost gun.
By this time, my two other buds had walked away, shaking their heads. So again – I asked him what he was talking about in reference to what I was doing – specifically. And he yelled even louder about how I was clearly violating both state and federal laws by manufacturing my own guns and possessing guns without serial numbers. He went on to yell about the ways in which the gun industry is highly regulated and completely controlled by the BATFE, and why it’s necessary to fill out both a 4473 and a PSP form in PA to purchase a handgun and his face got beet red as he then challenged me – had I done any of that? Because if I didn’t goddammit, the gun was illegally purchased – that’s a fact!
So, now I was getting concerned because people were noticing this guy’s attitude towards me and I didn’t want to get a reputation for causing trouble at the club. So again, I calmly explained – “But I didn’t purchase this handgun, I made it myself for my own use – so I don’t think any of that stuff you are angry about really applies to me because no transactions or change of ownership took place.” But – He just kept going, even threatened to perform a citizens arrest because I was “committing at least 2 felonies, according to what he already knew, maybe more…” And he headed off towards the clubhouse – supposedly to report me to a club officer. Over his shoulder, he shouted to me that I better be ready for when he returns with someone “in charge around here.”
I left the premises at that point, disappointed in several ways and for many reasons. A couple days later I tracked down a club officer and asked if I had been reported by this guy or had he complained about me. Apparently, he did find the VP, and told him that I had brought a gun I made myself to the range, breaking at least a few laws in the process. The VP is a retired Marine with a chest full of glitter, and doesn’t have much time for BS. He kinda laughed and told him that there’s usually about a dozen or more people doing the exact same thing every week. Then he told him he needed to do some research first, and make sure he understands the law before threatening other members. Apparently the angry guy stomped off and swore he was cancelling his membership.
Look, I don’t mind that he didn’t know what he was talking about. I minded that he used his “position” as a “former” state trooper to lecture me on stuff he didn’t understand, had no jurisdiction on, and had no right to threaten me over. I don’t understand his mentality at all, and especially that only big manufacturing firms can make firearms. In the Philippines, they do this stuff in their backyards with hand-tools and scrap steel – yet produce some near-perfect specimens. Making guns is a completely democratized process these days. There’s no reason anyone can’t do it with commonly available tools, and regardless of these 80% completion setups – they don’t make it possible, they just make it easier.
I found this site via Google, primarily given the current kerfluffle regarding the settlement of the State Department lawsuit over 3D printed ‘guns’ (read Receivers), and the state AGs talking about guns without serial numbers as part of their lawsuit to stop the files from being available. It occurred to me that if a person built his own gun, he could put a unique S/N on it and ID it that way. The other part I was curious about was whether said S/N had to be registered with the BATFE. I wonder if this last step would be a further CYA.
Thanks for reading and taking the time to comment.
Yes, an individual can put a serial number on a gun that he or she built for himself. In fact, I recommend it for the reasons I stated above.
However, it my understanding that it is illegal for the BATFE or any federal agency to maintain a registry of firearms that are not classified as needing a special tax stamp under the 1938 Federal Firearms Act. Of course, it is illegal to make one of those without obtaining the tax stamp first anyway.
State laws are different, and a few states do register firearms. Everyone should check their local laws before buiding a gun to ensure they are not committing a crime.
Thanks again for reading!
-Richard
First off, thank you Richard for the depth of information that you provided here.
Second, NorEastSida, there is another Federal law that prohibits making or possessing firearms that are not detectable by standard metal detectors and x-ray machines. A 3-D printed firearm would fall under this Federal Statute
THE GUN CONTROL ACT OF 1968
TITLE 18, UNITED STATE CODE, CHAPTER 44-Firearms
Sec 922(p) (1) It shall be unlawful for any person
to manufacture, import, sell, ship,
deliver, possess, transfer, or receive any
firearm—
(A) that, after removal of grips,
stocks, and magazines, is not as detectable
as the Security Exemplar, by
walk-through metal detectors calibrated
and operated to detect the
Security Exemplar; or
(B) any major component of which,
when subjected to inspection by the
types of x-ray machines commonly
used at airports, does not generate
an image that accurately depicts the
shape of the component. Barium sulfate
or other compounds may be
used in the fabrication of the component.
https://www.atf.gov/file/58686/download
NEARLY ALL 3D PRINTED FIRARMS ARE FULLY DETECTIBLE AS THEY CONTAIN MANY WIRE PARTS, SPRINGS, ETC.
Curious the date of this article I found a few places that says you need to add a serial number to the lower. Have you found anything saying it is required now? Thanks this article is very nice!
Hi John,
As of the date of your question, I am unaware of any new law that would render the information in this article as obsolete.
As with anything, I encourage you to research the information you find – here and elsewhere – to make your own conclusions. Too much information exchanged online and in gun shops is just plain wrong.
Best,
Richard
So to my understanding, when placing this serial number on my polymer 80. Could this mean that I could just put a serial number such as my initials plus a few numbers to show that it is for my personal use?
I would love a little bit of clarification and an example if you guys wouldn’t mind. Thank you for your information, I have been reading and continuing to come back to this article.
Thank you,
James
Hi James,
As I understand the current federal law, no serial number at all is required for a gun that you manufacture yourself for your own personal use. However, if you choose to put a serial number on the firearm (something I am in favor of,) you get to make up any number you like. Your example of your initials and some numbers is perfectly fine. I hope this helps.
-Richard