This is topic Ammo Shortage Government Created....and it's legal to scratch build your own AR-15 in forum Member forum at The New Huntmastersbbs!.
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Posted by Frank (Member # 6) on June 16, 2013, 06:36 PM:
[ June 28, 2013, 08:46 PM: Message edited by: Frank ]
Posted by TA17Rem (Member # 794) on June 16, 2013, 07:08 PM:
You need a federal firearms manufacturer license.
I also know a guy from another board made his own AR from scratch. Is it legal? Nope.. Hate to be in his shoes when he gets it checked over by a CO and it doesn't have a serial number.
Posted by DanS (Member # 316) on June 16, 2013, 07:32 PM:
Tim, are you sure?
I thought that if you plan on selling a firearm that you made, you would need the manufacturing FFL. If made for your own personal use and never for sale then it was OK just like buying the 80% lowers for an AR15.
Posted by Frank (Member # 6) on June 16, 2013, 07:44 PM:
[ June 28, 2013, 08:46 PM: Message edited by: Frank ]
Posted by TA17Rem (Member # 794) on June 16, 2013, 07:49 PM:
Just going by what I read a few month's back when I heard about the guy making his own AR.
As far as I know weapons need a manufacturing serial number. If you was to take a rifle for example and grind of the serial number even if you owned it from the get go and took it to a smith to be worked on you and him would both be in trouble.. Some of the real old guns would be grandfather in..
I also know if you take a Rem. XP-100 and have it made into a rifle you have to have it re-registered with the fed.s and I'm not sure if you can change it back later on.. Lots of laws out there on the books that most of us don't know about..
I'm not 100% and I don't think anyone else is when it comes to gun laws and I'm willing to bet most CO or cops aren't up to date on them either and if any of them stopped a guy with a firearm with no serial numbers I don't think the gun owners word is going to be good enough. If it should happen the gun would most likely be taken and then the owner would have to go to court to prove its legal or not...
Best route is to go buy a half dozen cheap savages and go bury them... LOL
quote:
for legal questions like this, it's best to go to the source.
from ATF's FAQ (question A6): http://www.atf.gov/firearms/faq/faq2.htm#a6
(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]
With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting 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 machine gun 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) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]
somewhere else the question of transferring a gun you make yourself sometime in the future comes up (can't find the link right now) and you can legally transfer or sell a gun you make yourself...you just can't build a gun for the sole purpose of selling it (without a license). but once it's built, it is effectively your property, and if you get tired of it, you can legally transfer it (just like any firearm you own). The ATF strongly suggests putting a serial number on it if you transfer it, though. (and some states always require a serial number)
quote:
The legal concern is if you sell many homemade firearms, even if you did not intend to sell them when you built them, the ATF can still make a case against you that you were illegaly building firearms to sell for profit without a license.
So for practical reasons it is simply best not to sell homemade firearms without a license, and retain them for personal use. If rarely you choose to sell one, keep it a rare occurance.
Further, much of the code does not cover things, because a lot of what people are prosecuted for are in fact ATF interpretations and recomendations, which they enforce, but are not laws. They get a lot of discretion in enforcement of the actual statutes, sometimes creating several of thier own interpretations from a single statute, and then enforcing them as all unique statutes.
Sometimes that is within thier scope of powers, and sometimes it is not, but it is still what they require to avoid confrontation with them.
They recomend you put a serial number/ unique markings etc. That is clearly to allow firearm traces.
They recomend you sell no more than x number of homemade firearms within a given time frame.
If you do not sell homemade firearms at all you should have no problems building your own for your personal use. Follow state and federal laws.
Do not build an NFA firearm without doing the proper paperwork beforehand.
Pistols require rifling to be legal. Long arms must be 26" overall, 18" barrel for shotguns and 16" for rifles. Fires from closed bolt. Is not select fire.
State laws can be more restrictive.
[ June 16, 2013, 08:14 PM: Message edited by: TA17Rem ]
Posted by BangPop (Member # 3876) on June 17, 2013, 02:03 PM:
I am pretty sure you are incorrect with your XP-100 example. It is not illegal to turn a XP action into a rifle, but it would be illegal to take a 700 action and put a pistol length barrel on it. There have been thousands of XPs rebarreled into rifles over the years. I have done quite a few myself.
Posted by TA17Rem (Member # 794) on June 17, 2013, 06:41 PM:
Me to. ![[Smile]](smile.gif)
Posted by BangPop (Member # 3876) on June 17, 2013, 07:26 PM:
Did you re-register that one with the Feds as you suggested in your post above?
Posted by Kokopelli (Member # 633) on June 17, 2013, 07:28 PM:
Not sure of all of the legals involved but I own a Contender. Neat gun. Pistol barrel & pistol grip = fine. Rifle barrel & shoulder stock = fine. Pistol barrel & shoulder stock = big no-no according to what's printed on the stock butt plate.
Posted by TA17Rem (Member # 794) on June 18, 2013, 02:28 AM:
I didn't but my gunsmith did when it was built.
Your right Koko.
Posted by BangPop (Member # 3876) on June 18, 2013, 04:03 AM:
Your gunsmith wasted his time. There is no requirement to re-register an XP when rebarreling and restocking into a rifle.
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