Firearm & Gun Forum - FireArmsTalk.com > Gunsmithing & Do-It-Yourself Projects > Gunsmithing Forum > Making a firearm is legal, if you follow the instructions.

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Old 03-20-2009, 12:42 AM   #1
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Default Making a firearm is legal, if you follow the instructions.

I noticed you locked the thread of the feller wanting to make a firearm. You said it is not legal, but it is. You need to get an application to make a firearm first, get approved by the director and pay a $200 dollar tax stamp per firearm. Here is the Batf's regulations for this:

Subpart E—Tax on Making Firearms

§ 479.61 Rate of tax.
Except as provided in this subpart, there shall be levied, collected, and paid upon the making of a firearm a tax at the rate of $200 for each firearm made. This tax shall be paid by the person making the firearm. Payment of the tax on the making of a firearm shall be represented by a $200 adhesive stamp bearing the words “National Firearms Act.” The stamps are maintained by the Director.

[T.D. ATF–270, 53 FR 10508, Mar. 31, 1988]



Application To Make a Firearm

§ 479.62 Application to make.
No person shall make a firearm unless the person has filed with the Director a written application on Form 1 (Firearms), Application to Make and Register a Firearm, in duplicate, executed under the penalties of perjury, to make and register the firearm and has received the approval of the Director to make the firearm which approval shall effectuate registration of the weapon to the applicant. The application shall identify the firearm to be made by serial number, type, model, caliber or gauge, length of barrel, other marks of identification, and the name and address of original manufacturer (if the applicant is not the original manufacturer). The applicant must be identified on the Form 1 (Firearms) by name and address and, if other than a natural person, the name and address of the principal officer or authorized representative and the employer identification number and, if an individual, the identification must include the date and place of birth and the information prescribed in §479.63. Each applicant shall identify the Federal firearms license and special (occupational) tax stamp issued to the applicant, if any. The applicant shall also show required information evidencing that making or possession of the firearm would not be in violation of law. If the making is taxable, a remittance in the amount of $200 shall be submitted with the application in accordance with the instructions on the form. If the making is taxable and the application is approved, the Director will affix a National Firearms Act stamp to the original application in the space provided therefor and properly cancel the stamp (see §479.67). The approved application will be returned to the applicant. If the making of the firearm is tax exempt under this part, an explanation of the basis of the exemption shall be attached to the Form 1 (Firearms).

[T.D. ATF–270, 53 FR 10508, Mar. 31, 1988]



§ 479.63 Identification of applicant.
If the applicant is an individual, the applicant shall securely attach to each copy of the Form 1 (Firearms), in the space provided on the form, a photograph of the applicant 2 × 2 inches in size, clearly showing a full front view of the features of the applicant with head bare, with the distance from the top of the head to the point of the chin approximately 11/4inches, and which shall have been taken within 1 year prior to the date of the application. The applicant shall attach two properly completed FBI Forms FD–258 (Fingerprint Card) to the application. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them. A certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certificate may in a particular case be acceptable to the Director, shall be completed on each copy of the Form 1 (Firearms). The certificate shall state that the certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the certifying official has no information indicating that possession of the firearm by the maker would be in violation of State or local law or that the maker will use the firearm for other than lawful purposes.

[T.D. ATF–270, 53 FR 10509, Mar. 31, 1988]



§ 479.64 Procedure for approval of application.
The application to make a firearm, Form 1 (Firearms), must be forwarded directly, in duplicate, by the maker of the firearm to the Director in accordance with the instructions on the form. The Director will consider the application for approval or disapproval. If the application is approved, the Director will return the original thereof to the maker of the firearm and retain the duplicate. Upon receipt of the approved application, the maker is authorized to make the firearm described therein. The maker of the firearm shall not, under any circumstances, make the firearm until the application, satisfactorily executed, has been forwarded to the Director and has been approved and returned by the Director with the National Firearms Act stamp affixed. If the application is disapproved, the original Form 1 (Firearms) and the remittance submitted by the applicant for the purchase of the stamp will be returned to the applicant with the reason for disapproval stated on the form.

[T.D. ATF–270, 53 FR 10509, Mar. 31, 1988]



§ 479.65 Denial of application.
An application to make a firearm shall not be approved by the Director if the making or possession of the firearm would place the person making the firearm in violation of law.



§ 479.66 Subsequent transfer of firearms.
Where a firearm which has been made in compliance with 26 U.S.C. 5821, and the regulations contained in this part, is to be transferred subsequently, the transfer provisions of the firearms laws and regulations must be complied with. (See subpart F of this part).

[36 FR 14256, Aug. 3, 1971. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–48, 44 FR 55842, Sept. 28, 1979]



§ 479.67 Cancellation of stamp.
The person affixing to a Form 1 (Firearms) a “National Firearms Act” stamp shall cancel it by writing or stamping thereon, in ink, his initials, and the day, month and year, in such manner as to render it unfit for reuse. The cancellation shall not so deface the stamp as to prevent its denomination and genuineness from being readily determined.


Exceptions to Tax on Making Firearms

§ 479.68 Qualified manufacturer.
A manufacturer qualified under this part to engage in such business may make firearms without payment of the making tax. However, such manufacturer shall report and register each firearm made in the manner prescribed by this part.

[36 FR 14256, Aug. 3, 1971. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–271, 53 FR 17551, May 17, 1988]



§ 479.69 Making a firearm for the United States.
A firearm may be made by, or on behalf of, the United States or any department, independent establishment, or agency thereof without payment of the making tax. However, if a firearm is to be made on behalf of the United States, the maker must file an application, in duplicate, on Form 1 (Firearms) and obtain the approval of the Director in the manner prescribed in §479.62.



§ 479.70 Certain government entities.
A firearm may be made without payment of the making tax by, or on behalf of, any State, or possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations. Any person making a firearm under this exemption shall first file an application, in duplicate, on Form 1 (Firearms) and obtain the approval of the Director as prescribed in §479.62.




Registration

§ 479.71 Proof of registration.
The approval by the Director of an application, Form 1 (Firearms), to make a firearm under this subpart shall effectuate registration of the firearm described in the Form 1 (Firearms) to the person making the firearm. The original Form 1 (Firearms) showing approval by the Director shall be retained by the maker to establish proof of his registration of the firearm described therein, and shall be made available to any ATF officer on request.

Is it posssable to reopen that thread because I too have a machine shop and want to build my own 1911 and Ar15 but I have no prints to make them.

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Old 03-22-2009, 02:57 PM   #2
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First : you must define what type of "Firearm" you are talking about.

What you have quoted applys to NFA firearms ONLY. You can no longer file a Form-1 for a machinegun,but SBS/SBR/Silencers are still OK.

You may manufacturer a 1911 or AR for your own use, without a license. You must have your name and city, state engraved on it since you made it, and a unique serial number if more than one. This is IF they are for your own use, period.

IF you intend to sell them...even ONE, you must the apply for and receive a manufacturers FFL prior to making any.

With the availability of frames, lowers, slides and parts...you would spend far more trying to machine something than what you can purchase the parts for.

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Old 03-22-2009, 04:27 PM   #3
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I guess I broke that law when we were kids,fire cracker guns,tennis ball cannons and later,the famous tatter cannon. No one told us we were required to registered those weapons of mass destruction. I guess we would be considered terrorists nowadays,but it was fun. The tater gun rocked.

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Old 03-22-2009, 07:21 PM   #4
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Quote:
Originally Posted by Dgunsmith View Post



You may manufacturer a 1911 or AR for your own use, without a license. You must have your name and city, state engraved on it since you made it, and a unique serial number if more than one. This is IF they are for your own use, period.
.

Could you send me a link to where you read this law from? It is not that I think you are wrong, I would like to copy it for future reference.
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Old 03-22-2009, 11:03 PM   #5
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Quote:
Originally Posted by divinginn View Post
I guess I broke that law when we were kids,fire cracker guns,tennis ball cannons and later,the famous tatter cannon. No one told us we were required to registered those weapons of mass destruction. I guess we would be considered terrorists nowadays,but it was fun. The tater gun rocked.
Ahhh! The infamous "nearly wet your pants laughing" tater gun. Destroyer of highway billboard signs. Havn't had or seen one of these for 15 or so years now.

All hail "The Great Spudzooka"
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Old 03-24-2009, 10:55 PM   #6
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Title 18 US Code Section 922 contains a BIG chunk of the laws enforced by the ATF. Read the first paragraph of that law- C&P here:

a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce

It is not what the law says, it is what it does NOT say. See the bit in red above? If you sell a firearm you have made, you are engaging in the business. However, a non-full auto non sawed off non suppressed firearm that DOES NOT ENTER INTO THE STREAM OF COMMERCE is outside of being regulated by the law.

If you want to build yourself a 1911A1, get a chunk of steel, a really sharp pocket knife, and start whittling. If you want to build one that you will SELL- get a manufacturer's license.

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Old 04-08-2009, 11:21 PM   #7
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Thanks C3 you are the man!

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Old 04-23-2009, 03:46 AM   #8
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If it cost $200 for a tax stamp to build a firearm. And the ATF says the lower on the AR is the firearm an needs to be purchased through a FFL. But most AR lowers sell for less than $200? Who is paying the $200? Are the builders of AR lowers selling at a loss?

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Old 04-23-2009, 09:15 PM   #9
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Well, a couple of points- A BARE receiver that is less than 90% complete is not YET a firearm. Many folks "building" an AR are buying an incomplete lower, doing filing, drilling, etc, required to complete the 10%, adding parts (springs, pins, hammer, trigger) to get to a complete lower. Don't see many completes for under $200. In addition, a manufacturer, (Say, Colt, fr'instance) is licensed as a manufacturer. They pay their license fee as a manufacturer, and pay the Federal Excise Tax they owe on each firearm- much less than $200 per firearm.

Think about it- Marlin does not pay $200 on each 22 rifle they make, do they?

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Old 06-11-2010, 06:50 PM   #10
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The $200 tax is for making a SBR,SBS, Suppressor only. These are the only things you can leagally make without being a manufacturer and having a letter from local law enforcement or other goverment entity requesting to try out a full auto glock ect.... When you buy a AR lower and want to put a 12" barrel on it you have to register it on a form 1 with the ATF first, same if you want to chop off the barrels on that $100 double barrel, you know have $300 in it, but don't chop them until you get the stamp. As far as making any other firearm ( semi or single shot ) C3shooter hit the bullseye with his answer.

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