Correct me if im wrong...home building firearms

Q

quepasakimosabe

New member
Can you legaly build your own firearms from scratch in your garage?

Can you legaly build you own suppressors from scratch in your garage?

I am looking into aquiring a mill with cnc capabilities after this tax season so I do not have to bother the machinist at work with my personal adventures.

My understanding on the firearms end is that you cannot sell or transfer the weapon and it must be for personal use only. (what happens to it when I die?)

My understanding on silencers is that I have to apply as usual pay the fees and then build it with the appropriate serial numbers and model I have designated on my forms.

I understand that the best legal advice comes from the BATFE, ATF, ect.

I am just trying to get some information before I commit to purchasing my mill and find out my plans for it were illegal and I get hauled off in a black van in the middle of the night.
 
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You're right on with pretty much everything.

The only exception is selling home-built firearms. You cannot go into the business of manufacturing firearms for sale, without the proper FFL. ...But, you can sell home-built firearms. It's just a matter of filing some paperwork (and assigning the piece a serial number) to transfer the firearm.

However, the liability involved with selling a home-built firearm, is a completely different subject. Only you can decide if the risk is worth it (and the potential buyer really understands how the firearm should be used and treated).


As for the suppressors, make sure you get a clear answer on whether or not you need to have the build pre-approved by the ATF. Some internet 'experts' will say "yes"; some will say "no". The only answer that matters, comes straight from the ATF.
 
Not sure of all legal requirements myself and I would only pursue this after having all pertinent info in writing from ATF before going forward.
 
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You will need to have the necessary license from BATF or you will be in violation of federal law and get hauled off in said van if you are manufacturing firearms.
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That's a negative, shootniron.

Both builds are perfectly legal, so long as the type of firearm (or NFA item) is legal to possess.

He can't build a machine gun (it's decidedly after 1986). But, he can build a single-shot shotgun, a semi-auto pistol, a bolt action rifle, or even a cannon.
 
FrankenMauser,

I did not complete my thought in text as I meant to say "for sale" and if you will notice, I edited my post as you were correcting my post.

Also, there are more legalities involved than have been posted here as I have a friend that very nearly did some serious time over this very issue due to ignorance and not having a written opinion from ATF on what he was doing. It is worth getting the license to avoid running afoul of these laws.
 
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quepasakimosabe said:
Can you legaly build your own firearms from scratch in your garage?
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Yes.

Can you legaly build you own suppressors from scratch in your garage?
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Yes.

My understanding on the firearms end is that you cannot sell or transfer the weapon and it must be for personal use only. (what happens to it when I die?)
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You are correct that you can manufacture a firearm without a manufacturer's license only if it is for your own, personal use. It is NOT correct that you can never sell it.

My understanding on silencers is that I have to apply as usual pay the fees and then build it with the appropriate serial numbers and model I have designated on my forms.
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Dunno. I think that's correct, but I'm not into silencers.

I understand that the best legal advice comes from the BATFE, ATF, ect.
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VERY incorrect. The best advice will come from an experienced attorney, specializing in the field, who is working for you and being paid by you. BATFE agents don't all agree from one office to the next, or even within the same office. They are NOT a reliable source, unless you submit a written question and receive a written response.
 
Ok, so suppressors call the lawyers. I gather someone may know this, how would I go about say gifting it to a relative?

I hate hypotheticals as much as the next but this is my plan...Buy a cnc capable mill and software. build my own lower receiver for an AR-15 and apply the rest of the parts to fit and finish. same basic plan with the suppressor to go with it but there I have to do the tax stamp form mumbo jumbo, after the lawyer clears me.
 
Sure, I've built my own firearms, you can't sell them though and they need to meet the legal requirements for that type of weapon. No fully automatic weapons, barrel lengths per type of firearm it is, 922r compliant if it's a weapon based upon a fully automatic platform example being the Mg42/m53, or the Ak47, and all the other fun little rules that prevent the ATF from coming to your home in the middle of the night.

Suppressors though... I'm pretty sure you should write to the ATF.
 
Ok, so suppressors call the lawyers.
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You cannot build a prohibited item, and that group includes machine guns, suppressors, short barreled rifles, sawed off shotguns, etc. without completing the paperwork first.

Some type will be denied, period.

Others will be allowed.

Mere possession of unlicensed NFA items is a crime.
No intent is needed.

You have it, you are illegal.

Malum prohibitum.

Illegal because it is prohibited.
 
quepasakimosabe said:
I gather someone may know this, how would I go about say gifting it to a relative?
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For starters, you keep it and use it yourself for a long enough period of time that a reasonable BATFE agent (if such a critter exists) would be satisfied that you actually built it for your own, personal use -- which is what the law provides for.

After you've used it for maybe three years or so and moved on to other projects, so you can have some legitimacy to a claim that you got bored with it ... you can then give it to anyone, just like any other firearm. If your state requires transfers to go through an FFL, you'll need to inscribe a serial number because I doubt any FFL will transfer a firearm with no serial number.

If you are asking "Can I build it to give away?" the answer is no. The law says you can manufacture a (non-NFA) firearm for your own, personal use. Building it to give away is no different from building it to sell.
 
You need to consider parts. If you have the components for a prohibited device, the law considers you to have the device.

If you decide to build the suppressor get the authority before you obtain the parts.
 
It's just a matter of filing some paperwork (and assigning the piece a serial number)
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Serial number should be on the frame/receiver. Without having the FFL he would be buying through a licensed dealer thus 4473 and a serial number
 
You need to consider parts. If you have the components for a prohibited device, the law considers you to have the device.
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I do not disagree with you. But I do not see how this can be a valid law. I have more than enough stuff laying around to build one but none of the parts are unique to only building a suppressor. I have never built one and probably never will but I could without ever buying one part that has no other use other than building suppressors.
 
I have more than enough stuff laying around to build one
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A conspiracy theorist would probably say that you should not have told us that:)

However, I do get what you mean. Heck, I have drain cleaner and nasal decongestant, but I'm not trying to make narcotics & have no intention to do so.
 
Why has no one here suggested he ask this be moved to NFA saection for their perusal...

Some pretty up to date NFA fellers in there...

Brent
 
well, the op asked about building guns in general, and suppressors in particular, so will move this one, if asked.

In general, building guns for yourself is ok, and even selling them once in a while is ok, without a license, provided you are not "engaged in the business" of making or selling firearms.

There are custom riflemakers still in this country, who do not have or need the manufacturer's license or pay the tax (and its a big one). But they make only a small number of guns per year (10 or less?) Not sure where the BATF cutoff number is, but its pretty low. Not sure what they carry for insurance.

as stated, you cannot legally build for your self any prohibited or NFA regulated firearm, without prior govt approval. Regular guns, you can.

also as stated, get a lawyer's advice when in any doubt. Internet advice is worth what you pay for it, and likely even less in court.
 
Oh, quepasakimosabe, there is one notable exception to not building firearms for profit without an FFL:

You can build firearms that qualify as antiques (100% pre-1898 designs and mechanisms), without the FFL; and sell them without the FFL. But, you have to be very careful, to ensure every part of the piece qualifies for antique status.

A fine example of an antique built (90%) from scratch: Stolzer's 2 Bore Jones Underlever.
 
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