Help with build laws and NFA build laws, please?

[OneLungMcClung]

Hi - I have always had an interest in building my own firearms, but I grew up and lived in CA for most of my life. My understanding with reguard to CA STATE law is that it is illegal to build your own firearm (they are classified as "zip guns"... which makes them sound like some low-grade assemblage of pipe pieces made in a prison cell). I have an expensive addiction to firearms and shooting ... and money is limited. On top of that I need a hobby besides shooting to occupy the time that I should be spending studying.

Can some of you please help me understand the laws/procedures that surround building your own rifle or pistol?

- Would I need an FFL of my own in order to buy the receiver, or do I have to buy the stripped receiver from an FFL holder?
- Do you need a Federal license to do the build?
- A PA state license to do this?
- Where do you buy the parts from?
- The receiver?
- What about pistols - are they treated differently than long guns?
- And NFA builds - I noticed several people have built SBRs (Short Barreled Rifles). What (If any) is the legal process for an NFA build.
- Can you build (NFA, obviously) new Machine Gun receivers / Sear groups?

-What type of tools do I need?
-What kind of time am I looking at?


Thanks for your help!

[bloomautomatic]

- Would I need an FFL of my own in order to buy the receiver, or do I have to buy the stripped receiver from an FFL holder?

If it's a complete receiver, it transfers just like a gun and has to go through a FFL. If the receiver is less than 80% finished, then it is not considered a gun and you can buy it direct and finish it yourself.

- Do you need a Federal license to do the build?

If the gun is for your own use, no. When the gun is built, you have to mark it with your name and city/state. Not sure of all the requirements on that. That's if you're building the receiver yourself. If you buy a 100% finished receiver, the manufacturer already has their markings on it, you're just assembling it.

- A PA state license to do this?

No, same as above.

- Where do you buy the parts from?
- The receiver?

Depends on what you want to build.

- What about pistols - are they treated differently than long guns?

You can build your own pistol the same as you can build your own long gun.

- And NFA builds - I noticed several people have built SBRs (Short Barreled Rifles). What (If any) is the legal process for an NFA build.

You need to file a Form 1 and go through that process. - This FAQ has pretty much all the details on that, so i won't go into it again, other than to say you have to get your approved form 1 back BEFORE you make any NFA item.
http://www.cs.cmu.edu/afs/cs.cmu.edu...st/nfa_faq.txt

- Can you build (NFA, obviously) new Machine Gun receivers / Sear groups?

You can't build any machine guns or sears unless you are a Class II manufacturer.

-What type of tools do I need?
-What kind of time am I looking at?

Again depends on what you want to build.

Basically, you can build any gun that would otherwise be legal for you to own. If you wanted to build a "zip gun" that would be classified as an AOW and you'd have to go through the form 1 process mentioned above.

read bardwells' NFA FAQ. It should cover everything you need to know.

Vince

[knight0334]

To operate as a business in selling or manufacturing of firearms(long & pistol) in PA, you will need a Fed. FFL and the State Dealers license. See below for the rest.

- to acquire an 80% or greater completed receiver either: you would have to be an FFL or have an FFL get one and sell it to you.
- you only need a FFL Manufacturer's License if you build firearms with intention to sell them. If you build them for personal use, and keep them as such - then no license is needed. Federal and state law states the "receiver" is a the firearm, no the gun as a whole.
- For personal use, no PA state license is needed.
- too many places to list.
- no different from long guns, the receiver is the firearm. If you sell them, you need a license to build them.
- NFA = apply for appropriate tax stamp BEFORE building each NFA device. Wait for stamp to arrive, then build.
- Dont even waste your time thinking about building any more machine guns or machine gun parts for your personal use. If you do so as a business, you'll need a FFL Manufacturers license and the component you make would only be lawful to sell to LEO's and military. (correct me if I'm wrong). No post '86 production items (MG's or MG parts) can be for private use.


-tools = milling machines, lathes, handtools.
-alot.

[OneLungMcClung]

Thanks for the info!

[Pa. Patriot]

Vince, good reply.
Let me add some clarity to one point:

-
...When the gun is built, you have to mark it with your name and city/state. Not sure of all the requirements on that. That's if you're building the receiver yourself.

You do not need to mark a self manufactured title 1 receiver or firearm *unless and until you sell or otherwise transfer it*

IOW, build a legal title 1 firearm from a 80% rcvr and parts kit w/applicable US parts etc and you do not need to mark it unless you later transfer/sell it.
A LOT of people mark it anyway 'just in case'. In case of what I don't know, law is quite clear. Maybe they think it would look suspicious to an LEO. Who knows, probably would as most LEO are woefully ignorant of gun laws...

Even more people will tell you you CAN'T sell a home made firearm, ever, period. This is bogus. You can not "manufacture with the INTENT to sell or purpose of resale"
For that you need a FFL and/or manufacturing FFL depending on volume. and pay applicable manufacturing excise taxes.


The above applies to title 1 firearms, not NFA (like SBR) which have their own marking requirements.

Not legal advice. just friendly knowledge from someone in the biz.

[bloomautomatic]

If it's a title I gun, say you make an AK from a receiver flat, it wouldn't be a bad idea to mark yourself as the maker. Otherwise, an unknwowing john q. law might see it unmarked and assume you filed the numbers off it.

If you form 1 an NFA item, after it's built and registered, you can sell it like any other gun.

Vince

[JayBell]

You do not need to mark a self manufactured title 1 receiver or firearm *unless and until you sell or otherwise transfer it*

there is no such regulation for Title 1 firearms in Federal Law, if you make your own (not as a Manufacturer), for your own use, and later sell it after you've been using it, you *STILL* require no markings on the firearm.

This obviously does not include NFA, note that the Federal marking regulations only apply for licensed importers and licensed manufacturers....your state law may vary.

[VeryPrivate]

According to the BATFE FAQ site:
Does the GCA prohibit anyone from making a handgun, shotgun or rifle?

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]

I do not know if PA has any state law on the subject.