When does a kit become a gun?

[ArndmETU]

Hello,

Admittedly, I've only created this account to ask this singular question. I've recently purchased a Polish PPS-43 Kit to use as a prop in a video project though I lack the tooling and time to fully convert it into a semi-auto. I have a basic grasp on the NFA, however, I'm unsure of the technicalities. So, at what point of assembly does my kit become an illegal firearm? Note; I'm uninterested in making the gun fully functional, I just want it to look the part for the video. Further more, given the "stamped" part of the weapon is just a piece of sheet metal that has been folded into an 80% receiver, is there a loop hole I can jump through there?

Thank you in advance.

~ETU.

 

[MachIVshooter]

Only ATF FTB can give you a legally binding answer, and only after submission of your dummy gun.

That said, as long as your receiver isn't capable of accepting the parts to make it a functional weapon, you should be good. Don't drill the sear holes, dispose of the sear, weld up the face of the bolt so there's no firing pin, and weld a plug into the chamber.

 

[ArndmETU]

Only ATF FTB can give you a legally binding answer, and only after submission of your dummy gun.

That said, as long as your receiver isn't capable of accepting the parts to make it a functional weapon, you should be good. Don't drill the sear holes, dispose of the sear, weld up the face of the bolt so there's no firing pin, and weld a plug into the chamber.

Going to call up the ATF tomorrow and confirm. What I was thinking was completely stripping the lower (except the trigger) welding in a chunk of steel rod where the sear would be, then replacing the barrel with another chunk of steel rod. As for the bolt, simply weld the face flat.

I was just curious if I did replace the barrel and weld the bolt if it would still be considered a firearm... cause... dumb gov. regs.

Thank you for your reply to my post.

~ETU.

 

[Frank Ettin]

The OP needs to engage a lawyer for this sort of advice. He might, or might not, already be in trouble. A lot depends on exactly what's in the kit, and exactly how completed the receiver included in the kit is. How the OP acquired the kit could also be an issue. It would be one thing if he bought it from a licensed dealer, and another thing if he acquired it from some random guy in another State who advertised it on Craig's List or something similar. In the later case the transfer might possibly not have been kosher. And state law matters as well.

I Googled PPS-43 Kit and found a number of different kits in varying configurations being offered by various vendors. Several were offered without barrels. One was offered without a receiver. One vendor represented that the receiver in its kit was demilled to ATF specifications.

For the purposes of the NFA a machinegun is (26 USC 5845(b), emphasis added):

(b)Machinegun

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

And for the purposes of the Gun Control Act (which relates primarily to the acquisition, shipment, and transfer of firearms) a firearm is (18 USC 921(a)(3), emphasis added):

(3)The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

So one of the open questions is how much work would be need to make the OP's kit into a functioning gun.

And don't forget state law.

An NFA violation is no small matter. One risks up to 10 years in federal prison and/or fines up to $250,000.00, as well as a lifetime loss of gun rights.

So we don't really know enough to give the OP a decent answer. Given the stakes and the additional information needed discussing this with a bunch of strangers in public in a forum accessible to everyone in the world with Internet access is a lousy idea.

On the other hand any communications between the OP and his lawyer will be confidential.