A small legal question

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5963jake

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Hello all I have a small question that might keep me out of free bracelets. A guy on gunbroker has a demilled smg parts kit for sale. The kit comes with an 80% reciever. Is it legal to have the complete kit and the reciever? I would like to build a semi auto from a kit and just didn't want to get in trouble. Thank you for your time, jake
 
80% receiver is not a receiver. Parts kit is not a gun. I don't see any issue here.
 
Perfectly legal. The 80% receiver isn't a firearm, and doesn't need to be shipped to an FFL. The rest of the kit is just parts. It's perfectly legal to build your own firearm, depending on state law, so carry on and enjoy your build!
 
Dunno about storage, don't see a prob, but as far as build goes...

Don't know WHICH kind you are talking about, but a completed SMG screams short barreled rifle, which is a whole different animal.

If it's a Sten, there is NO legal configuration which uses the original parts. The ATF requires a smaller-than-standard dimensional tube and there are only a couple of prints (that I know of) which allows it to be used/converted to closed-bolt, semi-auto. These involve all new internals. You also have to use a 16" barrel on those. So by the time you're done you get to keep... well, just about nothing... from the original kit. :)

Most other SMG's will follow a similar pattern. To the best of my knowledge there are *NO* open-bolt kit builds allowed - they are too easy to convert to full auto. So you'll need to have a closed-bolt design, which usually involves significant modifications to the firing mechanisms. Lots of machining, new parts manufacture, etc. Not to mention any US made parts required to meet 922R compliance, or barrel length for it not to qualify as an SBR.

Do your homework, for sure. :)
 
It is an open bolt. The kit for sale is a FMK3 They also produced a fmk5 it was a semi auto open bolt. It looks just like a full size uzi. I thought it would be neat to build. I found a guy who has the semi auto internals I could buy that came out of a 5 series. could I torch the full auto gear and replace with semi auto and be legal?
 
You'll need a letter of approval from the BATF on your design. Sucks, but it's just the way it works.

IF you are planning to buy a "kit" to build it up legal in semi-auto, get a COPY of the authorization letter from the BATF to keep on hand. Not a bad idea to call and check up if it's legit, too.

If it's an SBR (short barreled rifle) configuration you'll need to go through the process of getting THAT approved as well. Stock + barrel shorter than 16" is SBR. Overall weapon length, and other features, can also make it an SBR, or AOW.

I'm *really* surprised there are open-bolt guns allowed in semi-auto. The BATF has declared the vast majority of open bolt designs as "no-no" territory - there's page after page of them in the big federal book FFLs get. Reason is, anything holds down the sear (be it a toothpick or whatever), and the gun is instant-full-auto. Open bolt semi-auto designs are rediculously easy to convert to full auto (dropping the bolt serves as the trigger), or even select fire with a fun switch.

10 years is a long time, so be safe. If it's a one-off unapproved design, you might get lucky and just have it confiscated if caught, but you never know how far they'll push it once it hits the tech labs.

Those guys at the BATF tech branch have been known to cut & weld to get a gun declared "full auto".
 
I am now leaning towards building a G3. i can purchase a 100% US reciever for it and a US built semi auto sear pack. Why sell a parts kit that you can not legally build?? My buddy said the listing might be the ATF fishing for a sucker. Thank you all for the advice!!
 
G3's are great, and not TOO difficult to build. Hardest part is pressing in the pins through the receiver for the barrel trunion.. kind of a bitch to line up right. :)
 
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