Building a Firearm legality questions

[BullpupBen]

What forms do I need to fill out in order to legally build a firearm that is NOT an NFA weapon?

I was looking at ATF form one and saw that the definitions for "firearm" basically meant NFA weapons, so I am confused as to whether or not I need any kind of license to build firearms in general.

If it matters, I am talking about rifles or shotguns that would be considered "Assault weapons" under clinton gun-ban type laws and I currently reside in Connecticut.

Also I am 18.

 

[nalioth]

None, under federal law.

So long as it's not an NFA weapon, and for your personal use, none at all.

So-called "Assault weapons" laws are a totally separate question and unfortunately, I suspect you can't build your way past the law.

 

[Zoogster]

What do you mean by "build"?

Assembling a firearm from an existing reciever is just working with an existing firearm. If you are actualy planning to make your own reciever then it depends on the purpose.
In most places a person can build themselves a firearm, they however cannot build one for the purpose of sales, just personal ownership.
To build firearms for sale there is more involved.

Assault weapons currently are a state only thing. The definition of what that term means or if it means anything is based on the laws of your state.

There is however some odd state laws that at surface value are not defined. Some places have laws regarding "saturday night specials" (too inexpensive of a firearm). Others have laws about "zip guns". Both terms are really open to discretion.
Is the gun too cheap? Not finished or refined enough? Felt to be made out of normal items assembled into a firearm and not a "true" firearm?
I have seen actual factory single shot shotguns more crude than some things that qualify as "zip guns", so it is all up to interpretation.

 

[BullpupBen]

So-called "Assault weapons" laws are a totally separate question and unfortunately, I suspect you can't build your way past the law.

Well theres the CT state AWB but i beleive its only for the firearms they list in the law, and not for other "assault weapons" so i dont think that would have any affect on this,

And I am talking about making an entirely new prototype firearm without the intention to sell.

Also, related question: I have a parts kit of an old (think pre-1986) Imbel FAL which I would like to convert into a class-3 full auto NFA. So I have everything but the receiver which technically makes it a firearm, if I bought a receiver and wanted to put the two together, then is that where ATF form one comes in?

 

[wdlsguy]

I have a parts kit of an old (think pre-1986) Imbel FAL which I would like to convert into a class-3 full auto NFA. So I have everything but the receiver which technically makes it a firearm, if I bought a receiver and wanted to put the two together, then is that where ATF form one comes in?

No new machineguns on a Form 1 since May 19, 1986, couresy of the 1986 "Firearm Owners' Protection Act".

 

[kurtmax]

Non-NFA weapons require no permits or anything. Your state laws may vary (I don't know if there are any state laws about this, but you probably can't make an 'assault weapon' or something if it's illegal in your state).

Make sure that you are making it for personal use. Don't immediately sell it to somebody. It's okay to sell them, but not as a business. What a 'business' is can be subjective and it's best to make it pretty clear you aren't doing it as a business.

As for having to put serial #s and stuff on. I don't think you actually need to. Maybe depends on the state. I'd put a serial # on just to be safe. Maybe something like "ATFSUCKS000".

 

[BullpupBen]

No new machineguns on a Form 1 since May 19, 1986, courtesy of the 1986 "Firearm Owners' Protection Act".

Ah now that makes sense, although it seems the ATF hasn't updated their website since 1986..

Can anyone tell me what kind of licensing odyessy I would have to go on to legally turn these parts into something useful? Would I need to become a Class 3 dealer or manufacturer or something?

 

[VARifleman]

Form 1 is the form to manufacture an NFA item. It is not to manufacture a non-NFA firearm, which requires no federal paperwork at all as long as you don't intend on selling it.

 

[wdlsguy]

Can anyone tell me what kind of licensing odyessy I would have to go on to legally turn these parts into something useful?

Could you do a semi-auto build (I know nothing about FALs)?

Would I need to become a Class 3 dealer or manufacturer or something?

You would need a Type 07 FFL and a Class 2 SOT to manufacture a post-1986 machinegun.

 

[Onmilo]

In legal speak the term 'build' and 'assemble' fall into two different catagories.

The term 'build' will usually apply to the construction of a firearm from scratch using base materials,

Am individual may 'build' a firearm for personal use.
The receiver of the constructed firearm must contain a serial number individual and unique to that firearm.

An individual may not 'build' firearms and introduce them into the retail trade without a License to do so obtainable from the BATFE.

The term 'assemble' is used to identify a firearm constructed from parts already machined and intended for construction into an individual firearm.

Assembled firearms use component receivers already built and serial numbered by a company licensed to manufacture firearms along with component pieces manufactured 'for the trade'.
One must follow all laws pertinant to taking possession of the numbered receiver intended for the trade, in other words all laws and regualtions pertaining to obtaining, recording, and lawfully selling, obtaining the serial numbered receiver component are followed.

A Gunsmith assembling a Mauser rifle from a pre-existing receiver is an example of this.
The firearm can be subsequently sold again by the end user as long as all state and federal laws are followed.

A gunsmith, or individual, manufacturing a firearm from a customer, or individual, supplied set of blueprints using base material would constitute 'building'.

This particular firearm would have to be serial numbered and logged as such.

An individual is allowed to 'build' a firearm using base materials but would not be legally allowed to sell the firearm to a second party, the firearm would be strictly for that individual's use.

A gunsmith may 'build' a firearm from base materials for the use of a individual but the gunsmith, being employed 'in the business', would have to possess a license for manufacturing firearms for the trade.
The firearm 'built' by the gunsmith employed in the business may be susequently resold by the individual taking possesion, as long as all pertinet laws regarding the sale of firearms in that individuals locale are followed.

No full automatic firearms may be manufactured or 'built' with the exception of firearms manufactured or assembled for the use of Military or Police forces legally allowed to posess such material.

Full automatic firearms may be assembled using pre-existing serial numbered receivers already on the civilian market that have been assembled into a functioning full automatic firearm prior to the enacting of the machine gun ban.

Short barrel firearms fall into another catagory and short barrel full automatic firearms may, or may not, be allowed and legal be they' built' or 'assembled' depending on the individual state laws and regulations.

I have tried to make this as easy as possible to follow and comprehend but the legal speak in the actual books of regulation still jar me.HTH

 

[TexasRifleman]

Also, related question: I have a parts kit of an old (think pre-1986) Imbel FAL which I would like to convert into a class-3 full auto NFA. So I have everything but the receiver which technically makes it a firearm, if I bought a receiver and wanted to put the two together, then is that where ATF form one comes in?

That won't happen today. Today if you file a Form 1 for a machinegun it will be denied.

In 1985 the Hughes Amendment basically locked down the NFA registry for machineguns. No more can be added.

That WAS the purpose of the Form 1 (among others) but no longer.

 

[arcticap]

Well theres the CT state AWB but i beleive its only for the firearms they list in the law, and not for other "assault weapons" so i dont think that would have any affect on this,

In addition to the named models and AK-47, MAC, and Thompson type bans, we also have a features ban that mimics the 1994 federal ban.

 

[BullpupBen]

Could you do a semi-auto build (I know nothing about FALs)?

Well I could but wheres the fun in that?

You would need a Type 07 FFL and a Class 2 SOT to manufacture a post-1986 machinegun.

I'm gonna look into that.

In addition to the named models and AK-47, MAC, and Thompson type bans, we also have a features ban that mimics the 1994 federal ban.

Damn it, thats just what i was afraid of... but then whats with those ar-15s and the cx4 storm I was eying in the gun store yesterday?

 

[wdlsguy]

I'm gonna look into that.

Waaay too much hassle for a single post-1986 machinegun.

 

[VARifleman]

I'm gonna look into that.

You're going to start a firearm manufacturing business...well...if that's what you want to do, have at it, but remember that it has to be a business, not just for personal collecting.

 

[Aguila Blanca]

Well theres the CT state AWB but i beleive its only for the firearms they list in the law, and not for other "assault weapons" so i dont think that would have any affect on this,

You're missing part of the picture. The CT AWB includes a list of specific firearms, by name and model, but it also includes a list of "evil features" that apply to any other firearm. Anything that has more than two of the proscribed features is automatically banned, even if not named.

Damn it, thats just what i was afraid of... but then whats with those ar-15s and the cx4 storm I was eying in the gun store yesterday?

How are they configured? Under the AWB, AR-15s were legal. They could not have more than two of the "evil" features. I bought my AR-15 during the Federal ban. It's an Olympic Arms "Plinker" model. It has a fixed buttstock, a detachable magazine (the original magazine that came with it was a 10-rounder), and (IMPORTANT!) NO bayonet lug and NO flash hider. The two "evil" features are the detachable magazine and the pistol grip. In Connecticut, you could (I think) use a California lower with a welded, integral magazine and that would free you up to add one of the other naughties, either a bayonet lug or a flash hider.

It has always struck me as curious that the antis made such a big deal about the bayonet lug. I read the news somewhat regularly, and I can't recall ever seeing a report of a drive-by bayonetting ...

 

[freakshow10mm]

No full automatic firearms may be manufactured or 'built' with the exception of firearms manufactured or assembled for the use of Military or Police forces legally allowed to posess such material.

Class II manufacturers may also manufacture machine guns after 1986.

Also, "manufactured" means "assembled" from parts obtained from other manufacturers or "made" or "created" from the ground up in house. If you buy a complete lower and a complete upper and put them together you manufactured a firearm. If you are doing this for a business, you would need to comply with the proper marking.

I'm gonna look into that.

I'm undergoing this process myself.

Type 07 FFL: $150/ 3yrs
Class II SOT: $1,000/yr (if under $500K in sales previous year, $500)
Mandatory ITAR registration with US State Department: $1750/yr

Best case scenario it will run you $2300 per year for the licensing or worst case $2800 per year (if you do more than $500K in sales). Your first year will be $2800 in licensing fees.

 

[TexasRifleman]

I'm gonna look into that.

Besides licensing fees you are going to have to prove you actually intend to "do business". This is lkely going to entail showing an actual brick and mortar factory and a business plan.

My understanding is they are not giving these out without some very good backup documentation to prove you actually intend to go into business.

 

[Bartholomew Roberts]

An individual is allowed to 'build' a firearm using base materials but would not be legally allowed to sell the firearm to a second party, the firearm would be strictly for that individual's use.

A gunsmith may 'build' a firearm from base materials for the use of a individual but the gunsmith, being employed 'in the business', would have to possess a license for manufacturing firearms for the trade.
The firearm 'built' by the gunsmith employed in the business may be susequently resold by the individual taking possesion, as long as all pertinet laws regarding the sale of firearms in that individuals locale are followed.

It is important to note that ATF has been taking the position lately that pre-existing frames and receivers that have already been subject to the excise tax are once again subject to the excise tax if extensive custom work is done.

It is also important to note that stripped AR lower receivers are not subject to the exicse tax according to regulation.

Nobody has opened that can of worms yet (including ATF); but the implications for the AR market are obvious (one interpretation being that your AR assembled on a lower receiver is a personally manufactured firearm that cannot be resold on the retail market without paying the excise tax - which ATF does not accept from non-FFLs).

Given the fact that this is an ATF regulation (not a law passed by Congress), I would expect to see that particular issue addressed the very next time an anti is elected President.

 

[divemedic]

I have a parts kit of an old (think pre-1986) Imbel FAL which I would like to convert into a class-3 full auto NFA. So I have everything but the receiver which technically makes it a firearm, if I bought a receiver and wanted to put the two together, then is that where ATF form one comes in?

If you even own a receiver and those parts, you are breaking the law, even if you never assemble them into a functioning machine gun.

 

[tepin]

the ATF has said that just the auto sear alone is a machine gun and nfa rules apply.

 

[BullpupBen]

If you even own a receiver and those parts, you are breaking the law, even if you never assemble them into a functioning machine gun.

I don't own a receiver

So it looks like I wont be making the FAL into anything anytime soon due to the costs of being a class II dealer.

So let me get this straight, I cant construct -for personal and nonselling use- a weapon which breaks the features rules of the CT AWB. Couldnt I use Form one to do that? It seems like thats the kind of thing its for.

 

[freakshow10mm]

A Form 1 is to manufacture an NFA weapon. If it is not an NFA weapon, there is no form required.

You cannot manufacture (which includes assembling from parts) a weapon that violates state law. You can use a Form 1 to manufacture a short barreled rifle (and pay the tax) but this might also violate CT's AWB.

 

[BullpupBen]

You cannot manufacture (which includes assembling from parts) a weapon that violates state law. You can use a Form 1 to manufacture a short barreled rifle (and pay the tax) but this might also violate CT's AWB.

Ahhh forget it then. I'm going to college in Virginia, I'll just have to wait until I have my own place, which will probably work out fine as I have neither the tools nor the CAD skills to build anything as of yet.

 

[TexasRifleman]

Ahhh forget it then.

Well, build something easier. Don't let the bastards win