So I have this nagging question in the back of my mind: what is the legality of building your own firearms at home? I know there are FFLs that pertain specifically to gunsmiths and manufacturers, but I don’t know the details on these. I do know that FFLs are a pain in the arse to get. So, say you’re a person eligible to buy and own a particular type of firearm (you’re over 18 and aren’t a felon and you want a rifle), but you want to build one for yourself from scratch. The weapon you want to build is within local regulations (you live in the Yeller, uh, “Golden State,” of California and you want to build a 20” bbl, 7.62x39, straight-pull bolt-action, 5 round fixed box mag, fixed stock rifle with no particular bells or whistles, and by “from scratch" I mean from parts from Lowe’s and Pick-your-Part. It is possible) but you have no FFL. Would it be legal to build this? Would you have to register it in any way? Would you be able to transfer it like a normal firearm? How do these rules apply to handguns and shotguns? Am I screwed for living in Cali? Am I screwed in general? And any other relevant questions I haven't thought of...
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question about the legality of fabricating a firearm
- Thread starter Casp_A
- Start date
As long as the finished product is legal, like something your could buy without a tax stamp, yes.
In fact, the only part you need fabricate is the receiver - you can use other finished parts for the rest. The legal definition of "making" a receiver seems to be finishing an 80% complete receiver. So what you're proposing is fine.
You can't sell or give it to anyone, though. It's yours and yours alone.
Don't kill yourself trying to contain explosions in low grade steel - good luck.
In fact, the only part you need fabricate is the receiver - you can use other finished parts for the rest. The legal definition of "making" a receiver seems to be finishing an 80% complete receiver. So what you're proposing is fine.
You can't sell or give it to anyone, though. It's yours and yours alone.
Don't kill yourself trying to contain explosions in low grade steel - good luck.
There was a federal court ruling not too long ago that home-made machine guns don't invoke the interstate commerce powers on which the National Firearms Act and its registration requirement and $200 tax rests, but I don't recall the specifics.
If machine guns are banned in your state, such as in California, needless to say this doesn't apply.
If machine guns are banned in your state, such as in California, needless to say this doesn't apply.
Awsome! Thanks for the info Handy!
Here's another question though: I heard something along the lines of, any particular model of shotgun not officially recognised by BATF as a shotgun is a destructive device, like a Striker-12 or a USAS-12. Would a homemade 12g (just a plain pump gun) have to be registered as a DD?
Here's another question though: I heard something along the lines of, any particular model of shotgun not officially recognised by BATF as a shotgun is a destructive device, like a Striker-12 or a USAS-12. Would a homemade 12g (just a plain pump gun) have to be registered as a DD?
Handy,
Sorry, but I suggest CASP_A call the closest ATF office BEFORE you start in on making a 'firearm'.
As we learned in gunsmithing shool, if you are going to 'manufacture' a firearm, YOU BETTER HAVE a Class 10 manufacturers license. Getting one is NOT difficult. Just takes time (about six months)AND $$$(first pop is $10,000 while yearly reup is about $3000 - but just ask ATF).
We had to cut up the first barrel's we chambered for practice. WHY? Because in OUR possesion outside of school, that six inch chambered barrel IS CONSIDERED by the ATF as a short barreled weapon. Even when it's NOT attached to a reciever. GO FIGURE THE ATF.
They do have some pretty strict rules, but are fairly nice about explaining them to you, if you have the time.
Sorry, but I suggest CASP_A call the closest ATF office BEFORE you start in on making a 'firearm'.
As we learned in gunsmithing shool, if you are going to 'manufacture' a firearm, YOU BETTER HAVE a Class 10 manufacturers license. Getting one is NOT difficult. Just takes time (about six months)AND $$$(first pop is $10,000 while yearly reup is about $3000 - but just ask ATF).
We had to cut up the first barrel's we chambered for practice. WHY? Because in OUR possesion outside of school, that six inch chambered barrel IS CONSIDERED by the ATF as a short barreled weapon. Even when it's NOT attached to a reciever. GO FIGURE THE ATF.
They do have some pretty strict rules, but are fairly nice about explaining them to you, if you have the time.
Dave Markowitz
New member
It is legal under Federal law for a non-FFL holder to make a firearm for his own, personal use.
Quote:
Source: http://www.atf.gov/firearms/faq/faq2.htm#a7
(That FAQ hasn't been updated to reflect the sunset of the AWB, btw.)
NOTE that there may be more restrictive state or local laws. Consult a local attorney if you're in any way unsure. Don't rely on advice gleaned from the Internet.
Quote:
(A7) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]
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]
Source: http://www.atf.gov/firearms/faq/faq2.htm#a7
(That FAQ hasn't been updated to reflect the sunset of the AWB, btw.)
NOTE that there may be more restrictive state or local laws. Consult a local attorney if you're in any way unsure. Don't rely on advice gleaned from the Internet.
Casp A
Check with the guys over at www.roderuscustom.tzo.com . It's a good site for the hobby gunsmith and someone in the forums should be able to answer your questions.
Check with the guys over at www.roderuscustom.tzo.com . It's a good site for the hobby gunsmith and someone in the forums should be able to answer your questions.
Last edited:
No. As long as you meed the 18"/26" requirements to keep it from falling under the NFA, you can do what you want. If you DO want to make a SBS, the only difference is you fill out an ATF FORM 1 (Request to Manufacture) and get it approved beforehand.Would a homemade 12g (just a plain pump gun) have to be registered as a DD?
I'll chime in here with an extra question!
I've been wanted to make an AK using one of the 80% receivers. Looks like it would be a fun project. I understand that it is legal. I understand I can't make it to sell it. It would be for my own use. But, unless someone repeals the laws of nature, I'm not going to live forever. (I don't think it's fair either!) So what happens to these homemade guns then? I _assume_ my son could take possession of them since there would be no sale involved. But what if everybody in my family died or moved to France? Whatever. Is there some kind of loophole that ultimately lets them be sold as part of an estate? It would be sad to make a gun if you knew it was going to have to be destroyed someday!
Gregg
I've been wanted to make an AK using one of the 80% receivers. Looks like it would be a fun project. I understand that it is legal. I understand I can't make it to sell it. It would be for my own use. But, unless someone repeals the laws of nature, I'm not going to live forever. (I don't think it's fair either!) So what happens to these homemade guns then? I _assume_ my son could take possession of them since there would be no sale involved. But what if everybody in my family died or moved to France? Whatever. Is there some kind of loophole that ultimately lets them be sold as part of an estate? It would be sad to make a gun if you knew it was going to have to be destroyed someday!
Gregg
There was a federal court ruling not too long ago that home-made machine guns don't invoke the interstate commerce powers on which the National Firearms Act and its registration requirement and $200 tax rests, but I don't recall the specifics.
If machine guns are banned in your state, such as in California, needless to say this doesn't apply.
So much misinformation and misunderstanding on this...
(Not pointing fingers at you specifically MVPEL, there's just generally a lot of misunderstanding of this case and the power of Congress to legislate through the Commerce Clause)
The Stewart case is not yet over (the US Attorney has until next week to file an appeal to the US Supreme Court) and they very well may file it last minute). However, even if they don't, you'd still need to first file a form 1 (and get it approved) before you could make a MG...and that would only apply within the jurisdiction of the 9th Circuit Court of Appeals. Of course, it should be noted that even if the Feds do not file an appeal, BATF does not necessarily have to approve your form 1. In Stewart, the federal law was ruled unconstitutional as applied to Stewart. It may not be unconstitutional as applied to YOU. And if you can legally buy a firearm and are not a felon, you are not similarly situated as Mr. Stewart, and your possesion would affect interstate commerce, thus making the law constitutional as applied to you. BATF's tactic may very be to deny every F1 filed and make each filer of a F1 sue in federal court for a declatory judgement and prove their possesion does not affect interstate commerce.
Additionally, some states like CA have their own state laws regarding full-auto weapons which are not subject to the Stewart case. Stewart only had to do with the power of the federal government to premise legislation on the Commerce Clause; it does not affect any state laws that may also be in effect.