posted June 16, 2013 07:49 PM                   

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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)

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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.

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