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The WSJ is now reporting the Odessa shooter got his gun from somebody who was illegally manufacturing and selling them without a license. If true, that would make the idea that universal background checks could have prevented the sale less likely wsj.com/articles/autho…
It is illegal to manufacture firearms with the intention of selling them to others without a license. Even if you're buying already serialized lowers and then assembling them with other parts, it would be illegal to do so if your intention is to sell the guns to others.
That sounds like the exact situation the Wall Street Journal is describing here. 
If you are not a prohibited person (like a felon or domestic abuser), you can legally manufacture your own firearms for personal use. You can't do it with the intention of selling the gun to others, though. Here's more from the ATF: atf.gov/firearms/qa/do…
There is some gray area in this section of the law. Only those "in the business" of manufacturing or selling guns need to obtain licenses. That's why gun sales by average people on the used market aren't subject to licensing requirements.
Here's how the ATF defines "in the business" of manufacturing firearms. It's very similar to "in the business" of selling firearms. atf.gov/firearms/qa/ca…
So, it may be legal to assemble a gun from serialized parts and then later sell them at a loss. Clearly, though, it's illegal to manufacture guns with the intention of selling them to others for a profit. That seems to be what WSJ describes the seller in question as doing.
Even with that potential gray area, what the guy in the WSJ story is accused of doing is blatantly illegal. I've reached out to the ATF for more details on what's going on with him. I'll let you know when I hear back.
