Legality of Kit Weapons

You can legally build any gun that you could legally purchase, although there is some disagreement about the legality of selling homebuilt guns. There are lots of people building AKs from parts kits and either 80% or 100% receivers, and the laws that apply are the same as those for buying guns. You can't legally build one if you're a prohibited possessor (felon, etc), you can't legally put a sub-16" barrel on one without getting a tax stamp for it, and so on.

As far as registration, you would only have to register a built gun if you would have to register a comparable purchased gun. Most states have no gun registry systems, just a few big cities that want to register pistols.

It is legal (Federal wise) to make a gun for yourself.

You can even sell them, but that's a whole other thread. There is no "registration" required for homemade guns, or guns made in a factory by a licensed manufacturer for that matter.

ATF has some good info on their website about making your own guns. They will even admit that you do not have to put any markings or serial # on a gun (receiver) you make yourself unless it is an NFA gun. The do however recommend putting some sort of identifying markings on any gun you build.

Let me ask this question: Register it with WHOM? Federally, and in the great majority of the states, "Title I" fireams (rifles, shotguns, and handguns) are not registered at all.

The law requires that a manufacturer of firearms (for sale to others) must have a license to make them, and dictates how firearms must be marked with various info like manufacturers' name, address, and a serial number. But when S&W, Ruger, Remington, Winchester, etc. finish a gun, they don't send that serial number off to the government for their records!

Federal law also dictates that transactions across state lines must go through a licensed dealer and that transactions performed by a dealer will be recorded on a form 4473 -- which will include that dealer writing down the serial number of the firearm being transferred. That information stays in the dealer's records -- it does not get sent on to the ATF or other regulatory agency unless the dealer goes out of business.

As a private individual, you may make all the Title I guns you want for your own uses and not register any of them with anyone. You don't have to mark them or put a serial number on them, either, unless you choose to sell them. (There is a legal minefield surrounding you should you get too heavily into selling your home-built guns. Do your legal homework before getting into that.)

As far as parts kits go: Buying a parts kit for a rifle (like an FAL or an AK) is just buying parts. Even purchasing a receiver that has been completed less than 80% is just buying so much steel or aluminum. Build it at your leisure. Just don't violate the NFA (machine guns, short barreled rifles, short barreled shotguns, etc.) or 922(r), the "foreign parts count" issue.

-Sam

to clarify, ATF has issued an opinion letter indicating that you should engrave your name/city/state and a serial number on any gun you homebuild from parts that do not include a comercially manufactured and pre-marked receiver before it enters the chain of interstate commerce.

this is just a finding in an opinion letter, but i am not going to be the test case.

if you're building an AK from a receiver flat, you're welcome. i'm the guy who developed the first jig that started it all. you can see the history of it on the FALFILES, but the threads in which i also demonstrated the lack of statutory basis for any marking requirement were deleted by the board operator, who is in bed with the ATF. the opinion letter was issued shortly thereafter, and is untested, to date.

Alright guys, thanks for your replies. I was looking at the AK's. I think i might get one now. Thanks again for all your help

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There are a couple legal problems that no one else has brougth up that you need to know about.

If you are planning on making a functional rifle out of a AK-47 parts kit you have to be VERY, VERY, careful that you don't violate either of the following two laws.

First off, you need to make sure the AK you build is semi-auto ONLY and is also "not readily convertable" to full-auto. You'll have to make sure you have the plans or parts for a semi-auto receiver and not a "real" military full-auto capable receiver. If you follow original military plans and drill the hole needed to install full-auto parts, you could be convicted of illegally building a machine gun.

So, make sure you have plans for a semi-auto receiver.

You'll also need to throw away the original military fire control parts that come with the kit. You will need to substitute semi-auto only parts, for the same reason that you don't want to accidentily build a MG or something that can be "readily converted" into a MG.

That's not all yet though.

You also have to make sure you don't manufacture a "imported assault weapon." You have to make sure there are no more then 10 "imported" parts in the final rifle. That means you have to throw away a certain number of original parts and replace them with a certain number of U.S. made parts to be legal. Even if the receiver is U.S. made, it could still be considered a "imported assault weapon" if you have too many imported parts.

So, at a minimum you need to make sure you are building a semi-auto only receiver and then find out how many original parts you need to replace with U.S. parts. You'll then need to buy and install those parts. Since you'll need to replace the original fire control parts anyway, installing a U.S. made hammer, trigger, and sear is a no brainer. You'll still need more parts though so you'll have to do some reading to see how many exactly you need and what are the best options.

Trebor said:

There are a couple legal problems that no one else has brougth up that you need to know about.

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Awww, c'mon Rob! I brought up those two items myself:

me said:

Just don't violate the NFA (machine guns, short barreled rifles, short barreled shotguns, etc.) or 922(r), the "foreign parts count" issue.

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LOL! But, I think you said it a little more clearly. Definitely important points you need to understand.

-Sam

Trebor said:

You'll also need to throw away the original military fire control parts that come with the kit. You will need to substitute semi-auto only parts, for the same reason that you don't want to accidentily build a MG or something that can be "readily converted" into a MG.

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The very same parts that you can buy from Century or K-Var? How do they get away with selling machine guns parts when you say you have to throw them away?


Answer: Keep your FCG if you want to (they make great necklaces). You'll most likely be replacing them with US version anyway, to satisfy 922r.

As far as "illegal parts", so long as your receiver doesn't have more than two axis holes, you're fine. Unlike the M16, the internal parts for the AK that fit on those two axis holes are the same for both selective and semi-auto-only variants.

Just to clarify. 922r does not apply to ALL foreign made parts in a firearm, only to the foreign made parts on a list published by the BATFE known casually as "compliance parts"..

for the record, the disconnector on a full auto gun is different from a specifically semi-designed part. a full auto type disconnector can be used, anyway, as it is not enough to trigger definition.

best parts to change on an AK to meet 922r are hammer, trigger, sear (tapco G2), stock pistol grip and handguards (K-var). this gets you 6 parts.

justashooter in pa said:

for the record, the disconnector on a full auto gun is different from a specifically semi-designed part. a full auto type disconnector can be used, anyway, as it is not enough to trigger definition.

best parts to change on an AK to meet 922r are hammer, trigger, sear (tapco G2), stock pistol grip and handguards (K-var). this gets you 6 parts.

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. . and with that, allow me to clarify:

There is no separate sear in an AK. The three parts making up the fire control group are the trigger, hammer and disconnecter.

For the record: Both Century and K-Var US made FCGs have a disconnecter with a tail.