Regulation of home made products by ATF

[barnetmill]

My searching fu is lacking so I may have missed the answer to the following question in some other post.
For firearms, as long the item is not a prohibited firearm or device you can make and use it as far as the AFT is concerned. ATF also through one of its branches regulates alcohol. Distilled beverages are not illegal per se to possess if they have a tax stamp. You can make non-distilled beverages for your own use, but noway can a individual make distilled spirits even if for his own use with getting approval which includes posting a bond.
So my question. The feds for years have been prohibiting distilled spirits from being made for individual non-commercial use.

Does this set a legal precedent to prohibit people from making their own firearms if the ATF decides to make a ruling of such or the congress decides to pass such a law?

 

[Sam1911]

No. ATF is responsible for administering very different laws for each of their areas of oversight.

The laws they enforce in regulating firearms don't give them the latitude to simply outlaw home building of firearms.

 

[Frank Ettin]

....So my question. The feds for years have been prohibiting distilled spirits from being made for individual non-commercial use.



Does this set a legal precedent to prohibit people from making their own firearms if the ATF decides to make a ruling of such or the congress decides to pass such a law?

The short answer is no. Those sorts of analogies really aren't valid or useful -- different things, different underlying statutory schemes, completely different subjects.

 

[MagnumDweeb]

Do yourself a favor and get letters from the ATF about the matter. I have over a dozen and an agent only came out once to my residence just to have a polite chat and look around. I didn't want to get into a pissing match with the fed and we had some jokes.

Stay away from anything remotely illegal, if you think it is illegal don't do it. Do not build anything with an open bolt. Destroy any Full Auto Fire Control Groups you happen to come by when you buy a parts kit. Do not drill any happy holes and then put in a rivet.

There's a whole lot else. It's all on you. I've given my friendly suggestions but it is on you to know all the laws and how they apply. I make no warranty as to my suggestions. Actually don't listen to me or anyone on the internet. You won't be able to point to them as a defense for any wrong doing should you be forced to pay a visit to club fed.

 

[NavyLCDR]

Do yourself a favor and get letters from the ATF about the matter. I have over a dozen and an agent only came out once to my residence just to have a polite chat and look around.

I would say it would be better to NOT bring ATF attention to yourself. It might be better if the OP has any questions regarding the legality of something they want to make for themselves to ask the advice of a lawyer knowledgable in firearms laws and save the "friendly" visits from the ATF to "look around." That way if they inadvertantly "confess" to doing something illegal it is priviledged information between the subject and the lawyer and they can take actions to correct the error without government involvement.

Want to "look around" in my house? Come back with a search warrant, sir. After all, there is no need to be rude.

 

[Frank Ettin]

I would say it would be better to NOT bring ATF attention to yourself. It might be better if the OP has any questions regarding the legality of something they want to make for themselves to ask the advice of a lawyer knowledgable in firearms laws...

Nope, not if one wants to know for sure.

A lawyer can render an opinion, and if he knows his stuff and if (a big "if") there's been some prior, clear guidance from the regulator on the question, that opinion will be a good approximation -- but still an approximation nonetheless. Often there will be some gray areas and some unique aspects of the current situation, which aspects had not previously been definitively addressed by the regulator, and that will always add a measure of uncertainty.

My clients would generally prefer a definitive answer to completely avoid any surprises. And a response to a properly framed request for an advisory opinion could provide that sort of safe harbor.

 

[barnetmill]

My post was only on whether established law and precedents for alcohol distilling would apply to firearms manufacture and the two moderators did express their opinion on that matter. The next two posters are lost in left field. I am not planning to build anything and only got interested in these areas of law since I was interested in making brandy and found out if it involves a still I can not do it. I might be able to make brandy by freezing the water out, but there is some debate on the legality of that and I certainly was not posing that question here.

 

[Frank Ettin]

Then there's no reason to continue this.