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Comment by aeneasmackenzie | Hacker News Reader

> We have adjusted our policies to ensure that no one can exploit this program again for personal gain.

So any item that the NY AG gun buyback program will not purchase is thus legally not a gun in NY, right? If it's not worth buying to get it off the streets, they must be fine with it on the streets. This would include 3d printed AR lowers and FGC-9s at least. I think they will not implement this policy's consequences fairly.

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No, it does not mean that. Getting away with a loophole a few times and causing the rules to get adjusted to account for a grift does not change the law in general.

"We're holding a gun buyback. But no, not that gun."

Yes? That's how most rules work. They don't define everything precisely, we just agree that stupid behaviour and abuse attempts are worked around. This applies to pretty much everything.

this interesting as private manufacture firearm [PMF] can not be for sale or barter, they are to be for own personal use.

it could be said [valid or not] these 3D PMF were manuactured with intent to sell, regardless of business status.

One of the main selling points of gun buyback programs is no-questions-asked amnesty.

It's legal to sell a gun you made yourself, if you didn't make it to sell it. E.g. I make a gun for myself, keep it for long enough to plausibly demonstrate that intent, then later get bored with it and sell it. That's legal. But if I do that a lot, it'll start to seem like I'm making them to sell them and without a license that becomes illegal.

https://www.atf.gov/firearms/qa/does-individual-need-license...

if you manufacture, with intent to sell you have to be an FFL.

the nuance is gun buyback, and how that aligns with intent to sell.

Intent to sell is the key bit there. You can sell a gun you made yourself if you didn't make it with the intent to sell it.

In the context of gun buybacks, there is generally some promise of amnesty that prevents enforcement against these illegal gun manufacturers. If they were pulled over on their way to the gun buyback, they could probably be successfully prosecuted.

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