You're right...
https://www.criminaldefenselawyer.co...her-person.htm
The Gun Maker's Original Intent
The key in determining whether a homemade gun can be legally sold or transferred rests with knowing the intent of the maker when the gun was first created. Relevant factors in determining the transferor’s intent may include: the length of time between the creation of the firearm and its transfer; the specific reason for the sale or transfer; and whether the maker of the firearm frequently sells or transfers homemade firearms. For example, a time lapse between creation and sale of many years, a reason for sale that has no sinister overtones, and a transfer that is one-in-a-lifetime for the transferor, would indicate an original intent to keep the gun. By contrast, quickly transferring a gun right after its creation, to someone who could not legally possess a firearm, by someone who regularly transfers such guns, would indicate a lack of intent to keep the gun.
I personally wouldn't take this risk as the criteria is subjective and the ATF presumes we are guilty until proven innocent.
I recall the Obama threat to prosecute over transfers (saying we are dealers by just selling a firearm). The NRA, and others asked "how many transfers does a dealer make?" They wouldn't answer. We all know why. It comes down to what they can convince a jury to believe about you.






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