BATF regs on building a rifle?

D

dwesson445

New member
I'm getting conflicting information. I'm told that you can build a rifle with no notification or permission from BATF and I'm also being told that you have to submit plans for approval before even starting. Can anyone clarify that for me, including the general definition of the different types of Manufacturer's permits issued (Class II, class III, whatever...?)?

I figured if I DIDN'T need to notify BATF then I could just start AK/FAL/G3 receivers and build as many as I wanted for myself (can't resell, I know...) using kits. It might be an interesting project to see if you can build a 9mm or 45 semi-auto based on the MAC or Cobray design...? No paperwork, etc.

Anyone here willing to admit to being a lawyer? :)
 
Here is my understanding via the grapevine. You can only build one firearm a year and of course you can't resell the receiver because if you wanted to because that would make you a manufacturer and you need an FFL for that. If you want to sell it, it has to be serialized and then transferred to you. Also, you can't build something that is prohibited, like a post ban assault weapon (even though there is no such thing as a semi-auto assault weapon, but I digress). In addition, if you are doing something like your own style of a conversion on, for instance, a 1919 to semi-auto, then you need to seek the guidance and blessing of the ATF to make sure that you are not building something that they will consider a machine gun which would be bad juju. If you are putting together G3 kits there is lots of information out there on how to stay legal.

YMMV and check my work because the is just internet hearsey (sp?) from some guy (me).
 
Ah, that's right. I was assuming you were going to make the registered part, in most cases the receiver. (But in the case of the 1919 its the right side plate.)

If you are buying the receivers completed, then you are having them transferred to you from an FFL and the above stuff I wrote doesn't apply. You still can't buy a bunch of receivers, build them up into guns and then sell them because then you are acting as a dealer.
 
I'm not doing ANYTHING yet. From a purely academic point of view :) I want to know:

1. if federal approval is required prior to construction beginning
2. what other restrictions might apply
3. what the differences are in the Manufacturing classifications
 
Whether you are making receivers or not makes a big difference here, and no one can give you a good answer unless you clarify this point.
 
Really good question dwesson. Purely hypothetically of course, if I manufacture my own receiver, that is mill a receiver from billet, can I build a rifle or handgun for myself? I'm referring to a non full auto, non supressed, legal barrel lengths and of course, not for resale/transfer. I'm only interested in federal regs/rules/laws, not individual states.

Thanks in advance.
 
Yes, I'm asking the question in the context of building a receiver. I KNOW there's no problem with building the rest of the gun.

For example--let's assume I want to make an AK. If I intend to make a sheet metal receiver, do I have to have BATF approval of my blueprint before I start bending and drilling, or as long as I don't sell it can I just get to work?
 
the below is from the BATF Frequently Asked Questions. This should provide enough information to complete your research on building your own AK.

--
Mike


Does the GCA prohibit anyone from making a handgun, shotgun or rifle?


With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms.
However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machinegun will not be
approved unless documentation is submitted showing that the firearm is being made for a federal or state agency. [18 U. S. C. 922( o), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105]
 
You must log in or register to reply here.
Back
Top