Is this legal to make?

[carguychris]

I live in Texas and want to make this, with a wooden stock and foregrip attached. But I'm not sure if its considered a zip-gun?

Since none of the prior posts seem to have addressed this question directly, let me give it a shot.

The TX Penal Code defines a "zip gun" thus (emphasis mine):

CHAPTER 46. WEAPONS

Sec. 46.01. DEFINITIONS. In this chapter:

...[subsections (1) thru (15) omitted]...

(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

From my non-legally-educated perspective, the phrase "...combination of devices that was not originally a firearm..." strikes me as VERY broad; it could be construed to encompass virtually any device that (a) shoots stuff using chemical force and (b) consists of materials that aren't originally firearms-related.

It's likely that a more concise definition exists in case law, but I'm not an attorney, and I don't know how to research this.

I think you need to ask a qualified attorney to be sure. However, I'm going to go out on a limb- I think it's likely that the "Noisy Cricket" could be considered a "zip gun" under TX law.

If you continue reading the Penal Code, it has this to say about lawful possession of so-called "zip guns":

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) knuckles;
(6) armor-piercing ammunition;
(7) a chemical dispensing device;
(8) a zip gun; or
(9) a tire deflation device.

(b) [omitted, basically your run-of-the-mill LE/military "official duties" exemption]
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
(d) [omitted, not relevant to zip guns]
(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8) is a felony of the third degree. An offense under Subsection (a)(9) is a state jail felony. An offense under Subsection (a)(5) is a Class A misdemeanor.

My interpretation:

• Possession of a properly NFA-registered zip gun is lawful in TX.
• Possession of a zip gun that's NOT properly NFA-registered is a felony, seemingly regardless of whether the device has characteristics that would otherwise normally require NFA registration.

The picture linked doesn't look even close to the minimum barrel or overall lengths for rifles or shotguns in the US.

Even if a pipe shotgun is long enough that it's not technically a SBS or AOW, Penal Code 46.05(c) seems to state that it needs to be NFA-registered anyway, or it's not lawful to possess in TX.

Let me reiterate: Consult with an attorney before you build this doohickey.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor.