Pistol receivers / etc.

[Archangelos]

{I think I initially posted this into an incorrect forum . . . sorry!}

Hi,

Please forgive me for being a bit risk-averse here; I'm trying to perform as much research as possible before I proceed with a course of activity that could inadvertently land me in prison!

If anyone with legal (federal) understanding could help me with these quesitons, I would greatly appreciate it!

(1) [GENERAL] It seems that a great many people are building home-made receivers, and the FAQ section of the BATF's website seems to endorse this activity. But . . . I can't find any federal statutory (or CFR) provision that directly states that people can build _____ number of receivers without a manufacturer's license.

So . . . is it true that you can build your own receivers (say, for an AR-15 or AK-47), provided that you abide by the 922(r) part stuff? If so, is there a limit on the number that you can build per year?

(2) [PISTOLS] If it is, in fact, lawful for a person to build / bend their own receivers, logic would seem to indicate that pistols would not be subject to the 922(r) "assault rifle" provisions. And, as far as I understand, the receiver in an AK or AR pistol is structurally the same as a rifle receiver.

SO, if I were to build / bend an AK receiver (or 80% AR receiver), could I "stamp" it as "Pistol Only," complete it with a short barrel upper, and avoid prison for possession of a short barrel rifle?

(3) In addition to any personal knowledge, can anyone point me to BATF letters / rulings / etc. that answer these questions one way or another?

Thank you so much (whoever) for helping. I would ordinarily send a letter to the BATF for an official ruling, but the current political enviornment has caused me to complete these projects with a bit more haste.

[Pa. Patriot]

(1) [GENERAL] It seems that a great many people are building home-made receivers, and the FAQ section of the BATF's website seems to endorse this activity. But . . . I can't find any federal statutory (or CFR) provision that directly states that people can build _____ number of receivers without a manufacturer's license.

Laws "prohibit" activities or things.
Lack of law means _something_ is legal.

In order to build/manufacture firearms **for re-sale** you must be a licensed manufacturer.
The law is silent on building for *your personal use*

So . . . is it true that you can build your own receivers (say, for an AR-15 or AK-47), provided that you abide by the 922(r) part stuff?

Very much true.

If so, is there a limit on the number that you can build per year?

Fed - No. check state laws.

(2) [PISTOLS] If it is, in fact, lawful for a person to build / bend their own receivers, logic would seem to indicate that pistols would not be subject to the 922(r) "assault rifle" provisions.

Correct! Again, chk state laws

And, as far as I understand, the receiver in an AK or AR pistol is structurally the same as a rifle receiver.

typically, yes.

SO, if I were to build / bend an AK receiver (or 80% AR receiver), could I "stamp" it as "Pistol Only," complete it with a short barrel upper, and avoid prison for possession of a short barrel rifle?

No stamp needed. There are some technicalities to be aware of regarding owning multiple AR uppers/lowers/pistol/SBR issues.
But, for ONE home built AR "pistol" you would not have SBR/pistol-rifle issues.

(3) In addition to any personal knowledge, can anyone point me to BATF letters / rulings / etc. that answer these questions one way or another?

Several letters on these topics are here:
http://www.cs.cmu.edu/afs/cs/user/wb...alist/law.html

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^
The above reply is not legal advice. But I've told I know what I'm talking about
Good luck on your projects!


PS: WELCOME!

[Archangelos]

Thanks for the info!

I thought the same way, but need a . . . second opinion. I would feel more comfortable if there was an express statute on point that says "people can make X arms per year, provided . . ." That way I wouldn't have to worry about missing some obscure statute or regulation somewhere in the federal code. It would be a shame to throw away so many years of professional training (and licensure) because of some little omisison in my legal research.

Anyway, I just needed a little something extra to put my mind at ease, and to make sure I wasn't missing some little technicality somewhere. You never know when you are dealing with the BATF! When you are talking about a visit to Club Fed for breaking the (sometime arbitrary) rules, you can never be too sure.

Oklahoma is fairly Second Amendment friendly, so I should be in good shape!

Have you ever experimented with the partially complete AR receivers? Are they tough to complete? The AK flats look like a breeze to assemble.

[Karys]

I would feel more comfortable if there was an express statute on point that says "people can make X arms per year, provided . . ."

AFAIK, you can build as many as you want. You just can't sell them. For instance, you can build an AK rifle and an AK pistol from flat receivers. The rifle would still have to comply with 922r, but the pistol wouldn't. The only way you could sell either of them though would be to remove the parts from the receiver and sell them as parts kits.

Have you ever experimented with the partially complete AR receivers? Are they tough to complete? The AK flats look like a breeze to assemble.

I'm currently working on an AK pistol from an AMD-65 kit. Bending the flat was pretty easy I guess. A friend of mine is helping me with it and he has all the tools. We bent the flat with a bending jig in a 20 ton press. Riveting the trunions in wasn't hard, but pressing the front trunion off the barrel, mounting it in the receiver and then pressing it back in and getting the headspace right was kind of a pain.

I still have some grinding to do on the receiver and then it needs to be heat treated.

The same guy has experimented with partial AR receivers. He's started a few but hasn't finished any yet. I think milling out the interior of the receiver would be a little beyond my machining skills at this time. If you know what you're doing with a Bridgeport it shouldn't be hard. Unfortunately, I don't really know what I'm doing with one.

[Pa. Patriot]

AFAIK, you can build as many as you want.

Correct!

You just can't sell them.

Not correct.

You can not build with the intent or purpose to re-sell.

You 100% can re-sell a home built/manufactured title-1 and some title-2 firearms that you manufactured for personal use.

See the diff?

[Archangelos]

Re: the specific intent distinction (make with intent vs. subsequent intent):

EXACTLY my thoughts . . . and it would probably be an effective criminal defense if the need presented itself. Know of any cases in which the defense has been tested?

If it was otherwise (that you could NEVER transfer the firearms), it seems like your heirs would have all kinds of problems upon your death . . . not criminal problems, but the practical problem of being the benificiaries of a valuable portion of the estate that could not be transferred as a matter of law.

[Karys]

Correct!




Not correct.

You can not build with the intent or purpose to re-sell.

You 100% can re-sell a home built/manufactured title-1 and some title-2 firearms that you manufactured for personal use.

See the diff?

Yeah, I got you. Now I've got to think about this some more. I don't have the understanding that I thought I did.

[Pa. Patriot]

Yeah, I got you. Now I've got to think about this some more. I don't have the understanding that I thought I did.

No sweat! It's a common myth. I see it posted like candy all over the internet... Kind of like the myth that "open carry" is not legal...

But rest assured, no problem selling home manuf guns provided you were not intending that when you manufactured it.

Another myth is that you must mark the gun with your name and address... But thats another thread

[Karys]

No sweat! It's a common myth. I see it posted like candy all over the internet... Kind of like the myth that "open carry" is not legal...

But rest assured, no problem selling home manuf guns provided you were not intending that when you manufactured it.

Another myth is that you must mark the gun with your name and address... But thats another thread

So would I be able to sell my AK pistol down the road? I thought I would have to disassemble it and sell the parts.

[Pa. Patriot]

So would I be able to sell my AK pistol down the road? I thought I would have to disassemble it and sell the parts.

No disassembly required