Chris Phelps
New member
I keep reading posts in reference to building full auto ARs and legal issues, but none ever go into depth enough to answer any questions one might have.
I read that if you have a license to manufacture firearms, you could build Full Autos, but they (obviously) couldnt be purchased unless the buyer was LEO. Another post made reference to the fact that you couldn't build a FA rifle unless a request for a demo was recieved for the item, and it had to be destroyed if the LEO did not purchase it. Yet another post stated that it was legal to build your own FA rifle if you had the license, but could never sell it, and if you forfit your license, the firearm had to be destroyed.
I searched the ATF website, but they give almost no specific answers regarding any firearm related topic. I was hoping someone here could clear this up.
EDIT: Late addition... source and quote from one of the pages I found regarding the laws.
I read that if you have a license to manufacture firearms, you could build Full Autos, but they (obviously) couldnt be purchased unless the buyer was LEO. Another post made reference to the fact that you couldn't build a FA rifle unless a request for a demo was recieved for the item, and it had to be destroyed if the LEO did not purchase it. Yet another post stated that it was legal to build your own FA rifle if you had the license, but could never sell it, and if you forfit your license, the firearm had to be destroyed.
I searched the ATF website, but they give almost no specific answers regarding any firearm related topic. I was hoping someone here could clear this up.
EDIT: Late addition... source and quote from one of the pages I found regarding the laws.
Owning or making an NFA weapon
It is illegal for anyone to have possession of an NFA weapon
that is not registered to them in the NFA Registry. It is also
not possible for anyone, except government entities, to register an
existing NFA weapon that is not registered, except immediately
after one is made by a class 2 NFA manufacturer. An individual
otherwise able to own any gun under federal law can receive and
own any NFA weapon (local law permitting, ATF cannot approve a
transfer where federal, state or local law would be violated by
the transferee possessing the weapon in question, see 26 USC sec.
5812(a)(6)) on a Form 4, "Application for Tax Paid Transfer and
Registration of Firearm". Non-FFL holders may only purchase an
NFA weapon from a dealer or individual within their own state.
If the weapon is located out of state it must be transferred to a
class 3 dealer within the state, before transfer to the non FFL
purchaser. C&R FFL holders (type 03) may purchase C&R NFA guns
from out of state dealers and individuals. Type 01 FFL holders
may purchase any fully transferrable (no dealer samples, see
below) NFA weapon, from an out of state source. If the FFL
holder is an individual he must submit fingerprints, photograph,
and the law enforcement certification.
The transfer involves paying the transfer tax, which is $200
for all the NFA weapons, except AOW's for which the tax is a
mere $5. Individuals also have to get one of several specified
local chief law enforcement officers to sign the form (see the
section on the law enforcement certification for more
information), submit their fingerprints in duplicate, and attach
photos of the transferee to the form. While the transfer tax is
levied by law on the transferor (seller), in practice the
transferee (buyer) is expected to pay the tax. Transfers to
individuals tend to take at least 4 months, although subsequent
transfers can be quicker.
Or you can make any NFA weapon, except for machine guns (see
below), by filing a Form 1, "Application to Make and Register a
Firearm", and paying the $200 making tax, which applies to all of
these weapons, including AOW's. You may not make the proposed
weapon until the Form 1 is returned to you approved. The law
enforcement certification, photos and fingerprints also apply to
Form 1's, and in fact to any transaction to an individual.
Additionally the manufacturer of any NFA weapon, including an
individual making one on a Form 1 must mark the receiver of the
weapon with the maker's name and city and state. NFA Branch can
grant exemptions from this for DD's. All types of corporations,
including corporate type 01 FFL holders, need not do the
certification, photo and fingerprint requirements. Any of the
forms listed, and the fingerprint cards, are available for free
from ATF, either in Washington, D.C. or your local office.