Is it legal to make an AR Lower Reciever?

[MMH]

Does the Gun Control Act (GCA) prohibit anyone from making a handgun, shotgun or rifle? Based on my interpretations of GCA I can. I got the following information from the surfing the web, which I think comes from directly from the GCA & am wondereing if anyone here can verify:

"With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting 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 machinegun 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), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105]"

If it is legal, I want to make my own AR-15 Lower. I would not use a forging & machine it out of a block of 7075.

[knight0334]

It is completely legal to make your own receivers. However, you may not sell or give them away.

The only two ways you can transfer them is:
1. register them as a NFA device(whether it is or not)-(tax paid).
2. die and bequeath the homemade firearm by will or intestate succession to an heir.

To make them for transferring your will need one of the manufacturers FFL licenses and pay the appropriate taxes on each receiver made. Its all about the taxes.

[mojo]

How is that different from someone buying an AK flat, bending it, and building it into a rifle using an AK part set? People sell them all the time.

I know that you can't make a bunch of them with the intent of selling them, but if you built them and decided to sell a few, no problems.

Am I mistaken on this?

[knight0334]

The flat isn't a "receiver". Only after 80% of completed status is a receiver. 80% and less "receivers" are just hunks of metal in the ATF's eyes.

There are loopholes to sell them, as in personal property. However the mere selling of a private construction is also prima-facie evidence that you built it to sell it. ....aka, manufacturing without a license.

The only two totally legit ways to transfer them short of a manufacturers license is to register it as the appropriate AOW/SBS/SBR/DD depending on bore type(rifle/smooth), action and if stocks were ever attached - paying your $200 make & register tax. Then you can sell it like any NFA device.

Or to die and bequest it to an heir.

[eells]

not to hijack, but do you have to be 21 to build your own firearm? or do you have to be 21 just to build your own handgun (even say an ar pistol?) and 18 for anything that you can buy at 18?

[knight0334]

Under state law, 18. The lawful age of possession is 18 for "firearms".

Feds only regulate commerce.

Xringshooter pointed out though that receivers can only be transferred to those 21 in another thread. So, unless you make your own from scratch/80% or do a private transfer - you'll have to be 21 to get a receiver only from a FFL.

[General Geoff]

You can build a rifle, shotgun or handgun at age 18, as far as I know. Building it with the intent of selling it is illegal without a manufacturer's license, however there's nothing illegal about building your own AR-15 receiver, completing it as a rifle, then a few years later tiring of it, and deciding to sell it to someone else. Just make sure it (the lower receiver) is serial numbered and you should be fine.

You can also built your own receiver and gift it to someone, say for their birthday or Christmas. Gifting a firearm to someone is not the same as selling it to them, insofar as defining "dealing."

[Fragger]

I'd have to disagree knight0334 and say that yes you can sell a home built receiver as long as you follow the guide lines set forth by ATF which is 27 CFR § 478.92.
It is a common misconception that has been spread around without having done the proper leg work.

Letter from Mr. Sterling Nixon ATF

(Please note that other questions posed were answered by him in the beginning of his reply)


Dear Mr. XXXX XXXXXXX : (name deleted for security reasons)

This refers to your letter of July 27, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you posed several questions. In general, you requested clarification regarding the classification of Hungarian AMD-63 and AMD-65 selective-fire rifle parts sets, as well as information regarding the manufacture of semiautomatic copies of these firearms.

As you know, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term “machinegun” as follows:

…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. This 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.

Further, with respect to your inquiry regarding the classification of the forward grip of the AMD-63 or AMD-65 based on 27 CFR § 478.39 (formerly 178.39), you should be aware that this is an integral part of the forearm, and, consequently would serve as the “forearm” as listed in 478.39(c)(1 7).

Concerning the manufacture of a semiautomatic copy of the AMD-63 or AMD-65 selective-fire rifle, this is possible only if the receiver is redesigned and incapable of accommodating the original fire control components. Further, the firearm must be designed to operate from the closed-bolt position. The redesigned receiver may be manufactured from new material or from the remnants of properly destroyed receivers. Proper destruction entails the diagonal torch cutting of the receiver in three critical locations. Each cut must displace at least ¼ inch of material.

We should add that prior to utilizing sections of a destroyed receiver, the features that make it capable of firing automatically—the machinegun sear pin hole and the slotted right receiver rail must be removed.

Also, for your information, a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use. As long as the firearm remains in the custody of the person who manufactured it, the firearm need not be marked with a serial number or name and location of the manufacturer. However, if the firearm is transferred to another party at some point in the future, the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92 (formerly 178.92).

Finally, a licensed collector may acquire, hold, or dispose of firearms classified as “curios or relics” as that term is defined in 27 CFR 478.11 (formerly 178.11). The collector’s license does not authorize the holder to manufacture a firearm for commercial resale.

For further details on issues related to your inquiry, please refer to the enclosed ATF publication, Federal Firearms Regulations Reference Guide 2000 (ATF P 5300.4). The text of 27 CFR 478.41(d) (formerly 178.41) appears on page 53; that of 27 CFR 478.93 (formerly 178.93), on page 58.

We thank you for your inquiry and trust that the foregoing has been responsive.

Sincerely yours,

Sterling Nixon



__________________________________________________ ___________


Section 27 CFR 478.93 in effect deals with the identification of the home
built receiver you have made.
It states in detail how it must be marked in order for you to sell it. The guide lines are set forth for manufactures but the letter above states you must follow those rules in order to sell it.


__________________________________________________ ___________


[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.92]

[Page 131-133]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478--COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F--Conduct of Business

Sec. 478.92 How must licensed manufacturers and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices?

(a)(1) Firearms. You, as a licensed manufacturer or licensed
importer of firearms, must legibly identify each firearm manufactured or
imported as follows:
(i) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame or receiver thereof an individual
serial number. The serial number must be placed in a manner not
susceptible of being readily obliterated, altered, or removed, and must
not duplicate any serial number placed by you on any other firearm. For
firearms manufactured or imported on and after January 30, 2002, the
engraving, casting, or stamping (impressing) of the serial number must
be to a minimum depth of .003 inch and in a print size no smaller than
\1/16\ inch; and
(ii) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame, receiver, or barrel thereof certain
additional information. This information must be placed in a manner not
susceptible of being readily obliterated, altered, or removed. For
firearms manufactured or imported on and after January 30, 2002, the
engraving, casting, or stamping (impressing) of this information must be
to a minimum depth of .003 inch. The additional information includes:
(A) The model, if such designation has been made;
(B) The caliber or gauge;
(C) Your name (or recognized abbreviation) and also, when
applicable, the name of the foreign manufacturer;
(D) In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where you as the manufacturer
maintain your place of business; and
(E) In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where you as the importer maintain your place of
business. For additional requirements relating to imported firearms, see
Customs regulations at 19 CFR part 134.
(2) Firearm frames or receivers. A firearm frame or receiver that is
not a component part of a complete weapon at the time it is sold,
shipped, or otherwise disposed of by you must be identified as required
by this section.
(3) Special markings for semiautomatic assault weapons, effective
July 5, 1995. In the case of any semiautomatic assault weapon
manufactured after September 13, 1994, you must mark the frame or
receiver ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the
case of weapons manufactured for export, ``FOR EXPORT ONLY,'' in a
manner not susceptible of being readily obliterated, altered, or
removed. For weapons manufactured or imported on and after January 30,
2002, the engraving, casting, or stamping (impressing) of the special
markings prescribed in this paragraph (a)(3) must be to a minimum depth
of .003 inch.
(4) Exceptions. (i) Alternate means of identification. The Director
may authorize other means of identification upon receipt of a letter
application from you, submitted in duplicate, showing that such other
identification is reasonable and will not hinder the effective
administration of this part.
(ii) Destructive devices. In the case of a destructive device, the
Director may authorize other means of identifying that weapon upon
receipt of a letter application from you, submitted in duplicate,
showing that engraving, casting, or stamping (impressing) such a weapon
would be dangerous or impracticable.
(iii) Machine guns, silencers, and parts. Any part defined as a
machine gun, firearm muffler, or firearm silencer in Sec. 478.11, that
is not a component part of a complete weapon at the time it is

[[Page 132]]

sold, shipped, or otherwise disposed of by you, must be identified as
required by this section. The Director may authorize other means of
identification of parts defined as machine guns other than frames or
receivers and parts defined as mufflers or silencers upon receipt of a
letter application from you, submitted in duplicate, showing that such
other identification is reasonable and will not hinder the effective
administration of this part.
(5) Measurement of height and depth of markings. The depth of all
markings required by this section will be measured from the flat surface
of the metal and not the peaks or ridges. The height of serial numbers
required by paragraph (a)(1)(i) of this section will be measured as the
distance between the latitudinal ends of the character impression
bottoms (bases).
(b) Armor piercing ammunition--(1) Marking of ammunition. Each
licensed manufacturer or licensed importer of armor piercing ammunition
shall identify such ammunition by means of painting, staining or dying
the exterior of the projectile with an opaque black coloring. This
coloring must completely cover the point of the projectile and at least
50 percent of that portion of the projectile which is visible when the
projectile is loaded into a cartridge case.
(2) Labeling of packages. Each licensed manufacturer or licensed
importer of armor piercing ammunition shall clearly and conspicuously
label each package in which armor piercing ammunition is contained,
e.g., each box, carton, case, or other container. The label shall
include the words ``ARMOR PIERCING'' in block letters at least \1/4\
inch in height. The lettering shall be located on the exterior surface
of the package which contains information concerning the caliber or
gauge of the ammunition. There shall also be placed on the same surface
of the package in block lettering at least \1/8\ inch in height the
words ``FOR GOVERNMENTAL ENTITIES OR EXPORTATION ONLY.'' The statements
required by this subparagraph shall be on a contrasting background.
(c) Large capacity ammunition feeding devices manufactured after
September 13, 1994. (1) Each person who manufactures or imports any
large capacity ammunition feeding device manufactured after September
13, 1994, shall legibly identify each such device with a serial number.
Such person may use the same serial number for all large capacity
ammunition feeding devices produced.
(i) Additionally, in the case of a domestically made large capacity
ammunition feeding device, such device shall be marked with the name,
city and State (or recognized abbreviation thereof) of the manufacturer;
(ii) And in the case of an imported large capacity ammunition
feeding device, such device shall be marked:
(A) With the name of the manufacturer, country of origin, and,
(B) Effective July 5, 1995, the name, city and State (or recognized
abbreviation thereof) of the importer.
(iii) Further, large capacity ammunition feeding devices
manufactured after September 13, 1994, shall be marked ``RESTRICTED LAW
ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the case of devices
manufactured or imported for export, effective July 5, 1995, ``FOR
EXPORT ONLY.''
(2) All markings required by this paragraph (c) shall be cast,
stamped, or engraved on the exterior of the device. In the case of a
magazine, the markings shall be placed on the magazine body.
(3) Exceptions--(i) Metallic links. Persons who manufacture or
import metallic links for use in the assembly of belted ammunition are
only required to place the identification marks prescribed in paragraph
(c)(1) of this section on the containers used for the packaging of the
links.
(ii) Alternate means of identification. The Director may authorize
other means of identifying large capacity ammunition feeding devices
upon receipt of a letter application, in duplicate, from the
manufacturer or importer showing that such other identification is
reasonable and will not

[[Page 133]]

hinder the effective administration of this part.

(Approved by the Office of Management and Budget under control number
1512-0550)

[T.D. ATF-270, 53 FR 10496, Mar. 31, 1988, as amended by T.D. ATF-363,
60 FR 17454, Apr. 6, 1995; T.D. ATF-383, 61 FR 39321, July 29, 1996;
T.D. ATF-396, 63 FR 12646, Mar. 16, 1998; T.D. ATF-461, 66 FR 40600,
Aug. 3, 2001]

__________________________________________________ ___________

[knight0334]

The letters I've seen from the ATF may have been dated before or after that 2004 letter. Which, only the latest dated letter shall apply. The ATF is able to switch their opinions one way or another, my reply was from a letter stating as I described - NFA or bequest.

[Fragger]

The letters I've seen from the ATF may have been dated before or after that 2004 letter. Which, only the latest dated letter shall apply. The ATF is able to switch their opinions one way or another, my reply was from a letter stating as I described - NFA or bequest.

Well then you need to supply those as a confirmation don't you think to support your position?

I'll relent if their position has been changed and stand corrected.
Otherwise it is legal to sell a home built receiver as far as I'm concerned as long as those guide lines that I posted are met.