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-   -   Gun Building Legality (http://www.firearmstalk.com/forums/f47/gun-building-legality-2894/)

notdku 01-01-2008 11:36 PM

Gun Building Legality
 
Anyone done any research on legality of building firearms from scratch?

Milling your own receiver and such.

Do you have to have a license to sell it after you have built it. What about building automatic weapons from scratch. Do you have to obtain licenses first. I thought I recall you can only build automatics to sell to the US military.

Subgun Ordnance 01-02-2008 01:35 PM

You an only build FA guns if you are a 07 FFL/02 SOT They are called post sample guns sold to Gov LE or other SOT dealers. Any donor gun has to be destroyed if you cant sell it to one of the above and if you give up your license. You can build your own semi without an FFL.

Later Joe

gnoll 01-15-2008 06:19 PM

so your telling me I can build a gun and not get in trouble?

Subgun Ordnance 01-15-2008 11:49 PM

Quote:

Originally Posted by gnoll (Post 14269)
so your telling me I can build a gun and not get in trouble?


Semi auto. You can make your own suppressor also plus $200 tax stamp

Later Joe

Dgunsmith 01-16-2008 01:48 AM

ATF Form-1 to manufacture
 
IF you live in a State where it is legal to own a supressor, you may file a form-1 and pay $ 200 tax for permission to manufacture a supressor for yourself.

There is NO forgiveness, you MUST have permission and approval to individual manufacture of a supressor BEFORE doing ANYTHING toward its manufacture................or BATF WILL lock your silly hips up.

A semi or bolt gun for your personal use, you may manufacture...more than a single unit, must have your name on it as manufacturer AND a unique serial number.

NOT woth the risk to violate the law....BATF&E dont play well.:cool:

LEO 02-13-2008 12:07 PM

You can build your own gun and it does not even need a SN on it.

http://www.atf.gov/firearms/building_a_firearm.pdf



You have to submit an application to build a FA gun and unless you are a dealer that is going to sell to law enforcement or military.. it will be denied!!!

bkt 02-13-2008 04:48 PM

Quote:

Originally Posted by LEO (Post 16244)
You can build your own gun and it does not even need a SN on it.

http://www.atf.gov/firearms/building_a_firearm.pdf



You have to submit an application to build a FA gun and unless you are a dealer that is going to sell to law enforcement or military.. it will be denied!!!

How does that work with regard to handguns?

LEO 02-14-2008 08:34 PM

It makes no diffference. As long as the handgun is not a FA gun.. you can make it and no SN required.

deadin 02-14-2008 11:42 PM

It's my understanding that if you build one from scratch, it's strictly for you, you can't transfer it to anyone else unless you have a manufacturers license.

BBet 02-22-2008 12:36 PM

Posted by deadin:
Quote:

It's my understanding that if you build one from scratch, it's strictly for you, you can't transfer it to anyone else unless you have a manufacturers license.
As an individual you can build a legal gun (i.e. not FA, 922 compliant etc) and sell it at a later date to a third party. Below is an extract from a BATF&E letter on the subject. * http://forums.impactguns.com/archive/index.php/t-335.html * This is dated 2004 but you will find that here are many such posts giving the same information.

-------------- Extract from BATF&E letter ----------

Also, for your information, a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use. As long as the firearm remains in the custody of the person who manufactured it, the firearm need not be marked with a serial number or name and location of the manufacturer. However, if the firearm is transferred to another party at some point in the future, the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92 (formerly 178.92).

------------- End of ectract -----------------------

You may (will) run into problems if you were to build an unreasonable number of such guns in any given year and subsequently sell them : a hobbyist cannot make "a full-time income" from selling guns be they home made or commercial. Even if (as a hobbyist / gun enthusiast) you were to "buy / trade and sell" commercially made guns and then sell a few of your items at gun shows you must not make sufficient income for it to be classified as being a full-time income: this is the province of the FFL who is expected to make such an income. The ATF will ask to see records of ALL transactions you have made to establish what income you have earned.

A PROVISO:

Like every BATF&E "regulation / rule / pray list / daily re-write list" this area is open to the particular ATF rep's mood and inclination at any given time ... but what else is new :) The bottom line is yes you can make a gun and sell it - just don't make more money in a year than an out of work rabid squirrel hunter. And keep a written record of everything bought (inc. compliance parts and so on) and sold together with all costs incurred by yourself - preferably witnessed by the Pope or someone else of unimpeachable standing !!

Hope this info (it was also confirmed before posting by my FFL who works closely with the ATF and knows his onions) is of some value.

Best to all, and keep on fighting for our freedoms, Bbet.


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