Legal to build your own?

[dc dalton]

I read an article about a week ago and of course I can't find the damn thing again (major CRS) .. anyway, the article said it is legal to build your own rifles as long as you never sell them. Is this fact or fiction?

Reason I am asking is I am thinking of getting and building a couple of AK kits. Now granted I have never done this but I have enough mechanical and engineering experience (and knowledge of the use of tools) to probably learn how to do it.

So what say yee .... is this this truth or another BS website that doesn't know what the hell they are talking about?

[bloomautomatic]

It's legal for you to build firearms for your personal use as long as they conform w/ all the rifle, pistol or shotgun regulations - i.e. no machine guns, short-barrelled shotguns or rifles, etc.

I don't think you can sell them.


Vince

[IV_Warrior]

Batfe has a Firearms FAQ on their website.
http://www.atf.gov/firearms/faq/faq2.htm#a6

(A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]

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]

[Das Nemesis]

this rather retains to my project.

the problem with my project is the flares are gauged for 12 gauge.

so it is a bit of a gray area.

[Pa. Patriot]

...anyway, the article said it is legal to build your own rifles as long as you never sell them. Is this fact or fiction?

50/50

It is legal to build your own rifle or pistol.

You absolutely CAN sell them, but you can not build them with the intent to sell them. IOW, you can not build them to sell but you can sell them later if you decide to.

It's legal for you to build firearms for your personal use as long as they conform w/ all the rifle, pistol or shotgun regulations - i.e. no machine guns, short-barrelled shotguns or rifles, etc.

Not exactly correct. You absolutely CAN build your own SBR, AOW, SBS, suppressor on an approved ATF Form 1

You are correct that you can not manufacture a machine gun as civilian manufacture of MG's was banned in 1986.

[dc dalton]

Batfe has a Firearms FAQ on their website.
http://www.atf.gov/firearms/faq/faq2.htm#a6

So if I am reading your quote correctly building my own AK47s from parts kits is 100% illegal.

[GunLawyer001]

50/50

It is legal to build your own rifle or pistol.

You absolutely CAN sell them, but you can not build them with the intent to sell them. IOW, you can not build them to sell but you can sell them later if you decide to.



Not exactly correct. You absolutely CAN build your own SBR, AOW, SBS, suppressor on an approved ATF Form 1

You are correct that you can not manufacture a machine gun as civilian manufacture of MG's was banned in 1986.

Now how exactly can I swoop in with the correct legal answer if you guys are going to do it first?

[Pa. Patriot]

So if I am reading your quote correctly building my own AK47s from parts kits is 100% illegal.

As long as it complies with current laws and NFA. Yes...

Semi-auto and need to replace enough parts with US made to make it compliant with the 1989 import ban...

Legal, Yes. Why would you think otherwise? How on earth are we building all these rifles from kits?

[nfafan]

DC - I'm thinking those folks that hoarded kits and flats/whatever over the past several years are in for a surprise when they find out they can't easily sell their stash of assembled Romy G parts-guns for huge profits if/when/after the ban hits.

There was something in a recent past SAR issue, Dec 08 maybe, about the fine line you cross from the gray-zone of legal hobbyist to "manufacturer" subject to licensing and paying FET.

Given the need of this nation for tax income to redistribute to the stupid, and the current govt's outright pure and complete hatred of guns - this is a line to be careful walking.

[Pa. Patriot]

DC - I'm thinking those folks that hoarded kits and flats/whatever over the past several years are in for a surprise when they find out they can't easily sell their stash of assembled Romy G parts-guns for huge profits if/when/after the ban hits.

There was something in a recent past SAR issue, Dec 08 maybe, about the fine line you cross from the gray-zone of legal hobbyist to "manufacturer" subject to licensing and paying FET.

Given the need of this nation for tax income to redistribute to the stupid, and the current govt's outright pure and complete hatred of guns - this is a line to be careful walking.

There is no gray area. SAR can print whatever BS they want, it does not change that "manufacturing" is very specific. You are manufacturing with the intent to sell, as a biz.

If you build it, or them, and later decide you need the money to pay the mortgage or whatever, you can sell your homebuilt rifles/pistols.

Lots of folks later sell their home made projects. I dare you to find ONE person that was not illegally manufacturing that sold their home built rifle that resulted in a problem.