Home Made DIY Pistol ? Legalities?

**nerys** · March 20th, 2013, 08:44 PM

I am hoping to nab some stainless steel tubing for a "final model" I really hate rust and corrosion.

Otherwise my plan is to use actual gun barrels (looking at a couple 22 barrels on ebay so I can cut up into pistol barrels this way they are already "rifled" and legal :-)

**Greywolf** · March 21st, 2013, 01:17 AM

Originally Posted by nerys

ahh good point. I was abut to reply but my intent is honest and lawful and then realized. it does not matter what my intent is. it matters what they THINK my intent is right or wrong :-)

so what makes a gun a gun? I know with "manufactured" guns the lower receiver is the gun but what is the lower receiver on a fixed single shot gun?

do you have a suggestion for where to start and stay legally safe?

The receiver is the firearm. On most firearms, it is clear what part is the receiver. The AR-15 is a unique animal, in that the trigger and sear are in the lower receiver and the firing pin and bolt are in the "upper receiver." I don't recall exactly why/how it was that the lower was declared to be "the" receiver, but I have read arguments that it was a mistake and that the upper is what should have been declared to be the receiver.

For practical purposes, the "receiver" is that portion of the firearm housing the "action" -- meaning the fire control parts.

A chunk of steel (or aluminum) becomes a "firearm" when more than 80 percent of the work involved to complete it has been executed. For the first copy of a one-of-a-kind, home-built firearm, that might be difficult to establish.

**nerys** · March 21st, 2013, 01:27 AM

man that could get sticky. SO stick with drawings first or if I build something it never sees the light of day till a drawing of its made and I confirm its "legal" :-)

**USMC3531** · March 21st, 2013, 08:49 AM

join weaponsguild.com, there is more info than you could ever use in a lifetime there.

**knight0334** · March 21st, 2013, 11:00 AM

Originally Posted by nerys

man that could get sticky. SO stick with drawings first or if I build something it never sees the light of day till a drawing of its made and I confirm its "legal" :-)

So long as:
1. Any smoothbore gun has a barrel over 18" and a AOL over 26".
2. A rifled gun with a shoulder stock has a 16" barrel and a AOL over 26"
3. A gun meant to be held and fired with a single hand(handgun) has a rifled barrel.

....it really doesn't matter what constitutes the "receiver".

Just keep the gun's rifling/smoothbore design, lengths, and shoulder stock issues in mind when building it.

**caferacer** · March 21st, 2013, 10:05 PM

unregistered build it your self guns, nice and legal
http://aresarmor.com/

**nerys** · March 21st, 2013, 11:05 PM

thank you much for the links! and wow 16" only if its RIFLED that would have sucked to make that mistake :-)

going to check out those links too.

still leaves unclear. Can I make a 12g handgun if I use a rifled barrel. might have to ask the ATF on that one. problem is they can just "say no" with impunity even if the legal answer is yes.

**knight0334** · March 22nd, 2013, 01:28 AM

Originally Posted by nerys

thank you much for the links! and wow 16" only if its RIFLED that would have sucked to make that mistake :-)

going to check out those links too.

still leaves unclear. Can I make a 12g handgun if I use a rifled barrel. might have to ask the ATF on that one. problem is they can just "say no" with impunity even if the legal answer is yes.

Only if the barrel is 18" and overall length is 26". ...just like a pistol grip only shotgun.

A rifled Title I "shotgun" must be at, or exceed, those dimensions. Anything less and you need a tax stamp.

So, if you make what is commonly known as a pistol in 12ga, regardless of rifling or smoothbore - you will need a NFA tax stamp.

Rifling doesn't matter to non-NFA shotguns. It may matter to NFA shotguns depending on design, "sporting purpose" designation, and the ATF's opinion.