Crossing state lines with a build?

[brian]

There's already a "Does anyone carry one of their builds?" discussion that has had a lot of commentary. My question is more general. Can anyone find any legal references about whether or not a privately made firearm can be taken out of the state it was built in? A friend recently commented to me "you can't take it out of state". I've researched a bit and I can't find anything one way or another. Clearly, taking a PMF into a state that is general not firearm friendly or which has specific laws against PMFs, not yet found unconstitutional, would be a bad idea; I am more wondering if traveling through and to states where PMFs are accepted would it be ok to take (packed properly - unloaded, out of reach, in trunk, etc.) one to go to a local range and shoot. Given that at a federal level PMFs are accepted as legal, I can't imagine there being any "interstate commerce clause" overreach prohibiting it. Then again, common sense does not always apply.

 

[clm2112]

Actually, that's also gray area. You can not build your own firearm with the intent to sell it. The law does not state you can never sell or transfer it. How do you prove you never intended to sell/transfer becomes the big sticky point.

Yep, which is what makes it impossible to sell it. You heirs can receive it, which is by itself de facto proof that you never intended to sell it, since it was still in your possession when you died. Otherwise, the argument will always be that you made it in order to sell it and are just attempting to avoid paying the taxes imposed on manufacturing one. That's the way this regulation scam works. Using the commerce clause to do what the second amendment forbids.