What can you make?

[glummer]

I have seen statements indicating that certain types of firearms/devices, which are restricted/prohibited under NFA, etc., can nonetheless legally be made by an individual, for his/her own use, but not sold to anyone else. Does anyone have a pointer to specific details?

 

[Lupinus]

so long as it is for personal use you can build any weapon that is legal for you to go out and buy.

You must supply the proper permits, so if for instance you build a silencer you still need the proper paperwork to be legal. But you can build it.

If you are building for anyone else that is manufactoring and you need a manufactoring license. If you build it for yourself and a few years down the road you decide you no longer want it it is ok to sell it to my knowlage. Personal use has to be your intent at the time you build it not forever.

 

[ptmmatssc]

I was wondering the same thing , but I would like to see some actual rules /regs etc. . Where would I find them ? BATF?



forget it , found what I was looking for

(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]

With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.

[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]

 

[Third_Rail]

To make short barreled rifles/shotguns, "any other weapons", destructive devices, and suppressors, one must file a form 1 with the BATFE BEFORE STARTING THE PROJECT.

 

[TallPine]

You must supply the proper permits, so if for instance you build a silencer you still need the proper paperwork to be legal. But you can build it.

So you must pay a "transfer tax" even though you build it yourself for yourself and do not transfer it to anybody ...?

 

[Keith Wheeler]

So you must pay a "transfer tax" even though you build it yourself for yourself and do not transfer it to anybody ...?

Yep. Form 1 "application to make a firearm" as opposed to Form 4 "application for tax paid transfer".

You can make most anything, NFA or not, except for full auto. If it's an NFA item, you have to file the form 1. Otherwise knock yourself out....just be sure that you're following all local regulations, and if you're building a semi that is similar to a full auto, be completely kosher with your build....like the popular Browning 1919 semi, that has a modified right side plate and internals. That's an ATF approved semi design, but if you just came up with your own semi design and don't get it approved, the ATF could rule it a machine gun, and charge you with illegal possession.

Folks who build semi Uzis copy the original semi features, like the blocking bar. I'm doing the same with a couple of form 1 builds I'd doing, I'm copying the Sterling Mk6 semi design in an SBR.

There is some info on the ATF site. Also do some research on what you want to build, there may be a forum out there discussing the builds, like the 1919 or MG42 forums.

You can form 1 your own silencer as well, but it's hard to beat a professionally designed one.

 

[Lupinus]

silencer was jsut the example that popped to mind

Paperwork was ment to include paper work, tax stamps, so on and so fourth

 

[Zoogster]

double post

 

[Zoogster]

Do not forget that there is state law to research as well. Complying federaly is just the start. Many states have specific requirements of guns the feds do not. Offhand in CA you cannot make any assault weapon, pistol firing a shotshell, or even a rifle under 30 inches which makes it an assault rifle (while 26 inches or more is required per federal law)

 

[Third_Rail]

Keith Wheeler,

While the approval part is correct, that you COULD be charged with illegal possession of an unregistered MG, it hasn't happened in the past that I know of. This is one area where the BATFE seems to realize a light touch is required.

One instance I recall involved someone having their house searched on suspicion of illegal MG possession (neighbor, etc., tipped them off, since it "looked like" a MG), and they found a semi-auto, extended barrel STEN gun, I believe. It wasn't an approved design (the receiver tube was the same inside diameter as the original - BATFE HATES that) and could've been converted fairly easily (drop in a FA bolt, cut the cocking slock a bit farther, etc.)

They basically took the gun, examined it, told him it wasn't legal and they were keeping it, and that's that. No fine, no jailtime, nothing.

Keep in mind that this story was passed to me without references, so I can't verify it. It may well be completely false and the BATFE may well simply jail anyone with even a slightly questionable firearm.


For what it's worth, I'm going to be making a semi-auto STEN as an SBR on a Form 1 in a few months, using a closed-bolt without feed lips, reduced diameter receiver, floating firing pin, a blocking bar in the tube so that a full-auto bolt couldn't be put in, moving the cocking slot so that a full-auto bolt just won't fit even if the blocking bar was somehow removed, etc. It won't be an approved design, but it would also be quicker to simply make a full-auto from scratch than try to convert that sucker to FA, which is the whole point.

 

[Axman]

When I was in junior high I made a few of those miniature cannons. I guess today it would be a but more restrictive.

 

[Third_Rail]

Not if they were muzzleloading.