ID pistol home building?

Status
Not open for further replies.
D

DaveyMG

Member
Joined
May 26, 2013
Messages
57
Location
Meridian Idaho
I've got several pieces and parts to a certain gun, as well as my own small machining shop setup, and I want to build my own firearm, for myself, a semiauto pistol, to be exact. I have the raw materials, the tools, and the knowledge to accomplish the task, but don't know where to look for legality. I have read the BATFE regulations extensively, and to my best understanding, as long as the firearm does not fall in the NFA/AOW classifications, it's up to your local/state regulation. Since I will be building a semi-auto pistol (only one grip, no shouldering apparatus, and a sub-12" barrel, unsure yet exactly how long it will end up) does Idaho, a very right-wing state, have any specifics on my accomplishing this? Do I need to engrave anything on it once complete? Do I need to have it inspected or anything?
 
There is nothing under the Idaho criminal codes that prohibit a person from making their own firearms. You do not need to have it marked in any manner (unless you are making it for sales) nor does it need any kind of inspection.
 
I think the only restriction is if you make your own firearm (out of scratch) is that you can't sell it (like a zip gun or pipe shotgun). But if you assembled it from other firearms and the receiver has a serial # on it...then it might be a different story. Maybe the mods or the FFL's can clarify this better....
 
I'm making my own receiver out of 6061 bar stock, and don't intend to ever sell it. Thanks for the clarification for me, I figured I was far enough from the Commie gun grabbers that there wouldn't be many, if any, hoops for me to jump through. This will hopefully be the first of several home built guns I can make myself. I think the next will be from an 80% AR lower :)
 
If you are new to Idaho, welcome to a freedom state! Yes, home builds are legal here. Did a few myself (ak kits). When in doubt though, the state AG office if very helpful at answering questions.
 
Not new to ID, state native of several generations, just new to gun building! And loving every minute! Already started on second project blueprint after seeing this good news!
 
I think the only restriction is if you make your own firearm (out of scratch) is that you can't sell it (like a zip gun or pipe shotgun).
Click to expand...

Nope, you can sell it. You just can't make it for the sole purpose of selling, otherwise you'd need an FFL and it'd need a serial number
 
Right, it's that gray area, it can't be made expressly for sale, although the BATFE regs state that they allow "occasional" sale of home built firearms. AKA, if we feel like it, we'll throw your ass in jail.
 
Right, it's that gray area, it can't be made expressly for sale, although the BATFE regs state that they allow "occasional" sale of home built firearms. AKA, if we feel like it, we'll throw your ass in jail.
Click to expand...

Uhh, no. It's not gray area, it's black and white. You can build a gun for your own use. If you make guns for the purpose of selling them, then you need a manufacturing FFL.

They can't (and don't) just toss you in jail because they "feel like it".
 
Last edited:
The question is, how do they differentiate between someone selling a gun made for personal use, and someone selling a gun made for sale? It'd be a bit tricky proving one or the other unless there were multiple sales made.
 
That's what I mean, in a state like the one I live in, how many private sales can you get away with that would constitute occasional? And let's say the first sale you go to make is noticed by an ATF agent, and he feels that one is the occasional one that he decides to take you into custody for. I'm just intending to build a few guns to keep for myself, and not sell any, just to keep myself out of the legal ramifications. If I were to sell one, I would surely go to a friends' shop, who is a class 3 dealer, and have him help me with the required paperwork.
 
It all comes down to intent. Did you build it with the intention of selling it? Or did you grow tired of it and decided to sell it, maybe to fund your next project?

They have to prove your intentions were to make it specifically to sell it.

And if you do decide to sell it after a while, there's no "paperwork". Unless you built it for the sole purpose of selling it, then the paperwork you really need is an FFL. Your class 3 friend can't help you there, except point you in the right direction.
 
Ah I see. Well no intent to sell in my case. Only time they'll probably ever get transferred is in the event of my eventual demise, I'll leave them to my son. At least that's the plan for now. But the downside to this argument is that an individual selling a home built firearm could easily be arrested and detained until build intent is determined. To avoid the hassle altogether, just don't sell at all.
 
As Smalls said, it is all about intent just like with straw purchases. The ATF would most likely attempt to show a pattern of sales, rely on the testimony of the buyer, or set you up by sending someone to make an illegal purchase from you. It doesn't sound like you have anything to worry about.

Law enforcement is not the enemy.
 
Last edited:
home built firearms - federal law allows you to have up to 5 at a time. If you build #6 you have to destroy of one of the first five. Which I consider to in direct violation of the 2nd amendment.
 
Kitsapshooter... that is bad misinformation. There is no magic number. If you have a law to cite, do it. Otherwise, quit misinforming people. This is how "gun shop rumors" get propogated.

And the ATF is NOT randomly arresting people on whims for home builds. Nothing to worry about if there's no pattern of sales.

Aaron
 
Last edited:
kitsapshooter said:
home built firearms - federal law allows you to have up to 5 at a time. If you build #6 you have to destroy of one of the first five. Which I consider to in direct violation of the 2nd amendment.
Click to expand...
So, you will be able to provide a cite to this Federal law? (Which does not exist, by the way).
 
Status
Not open for further replies.

Similar threads

S
  • Locked
New National Parks Rules and Are Park Buildings Federal Buildings?
2
Replies
27
Views
1K
scotthsi
S
P
  • Locked
New Florida Gun Law - target practice now legal?
2
Replies
26
Views
5K
Frank Ettin
Frank Ettin
B
  • Locked
College Policy Question
Replies
19
Views
804
Shadow 7D
S
F
  • Locked
Illegal NC Handgun Bans/Restrictions?
Replies
0
Views
360
Farkles
F
W
  • Locked
Illinois firearms transport?
2
Replies
25
Views
2K
sonick808
S
Back
Top