machining my own ar15 billet lower for personal use

[9rows]

is this illegal?

 

[repair]

Yes, you can build a gun for your own personal use.

 

[9rows]

Yes, you can build a gun for your own personal use.

just to be clear:

yes, i can do it?

or

yes, it is illegal?
​

i tried to find atf regs via google, but you know how it is trying to find info on a govt web site.

tia.

 

[repair]

Well I don't know if you "can" but if you do it would be legal.

 

[pmpmstrb]

As long as you purchase it somewhere between 0% and 80% complete it's only a chunk of metal as far as the ATF is concerned. You can buy 0% lowers here AR15 Lower Receiver 7075-T6 Alloy Forging, Military Spec-D S Arms

 

[9rows]

Well I don't know if you "can" but if you do it would be legal.

smartass.

seriously, thanks for the replies though.

 

[esrice]

Yes, you can build a gun for your own personal use.

So you can machine your own lower and attach any upper to it?

What if you were going to sell it?

 

[NateIU10]

You can manufacture any type of firearms you want for personal use, but you can NEVER sell them. Only personal use.

So you can machine your own lower and attach any upper to it?

What if you were going to sell it?

 

[dice dealer]

You can manufacture any type of firearms you want for personal use, but you can NEVER sell them. Only personal use.

So your saying you can manufacture a full auto as long as you don't sell it ????
WOW this is a new one

 

[NateIU10]

So your saying you can manufacture a full auto as long as you don't sell it ????
WOW this is a new one

No. I meant any platform, you still need to follow the law set forth in the NFA

 

[JosephR]

You can sell it IIRC. Just don't make it a business...

ETA: and it WILL have to have the appropriate markings...

 

[NateIU10]

You can sell it IIRC. Just don't make it a business...

ETA: and it WILL have to have the appropriate markings...

You may not sell it as you are not a licensed manufacturer.

 

[JosephR]

Would you care to place money on this assumption of yours?

 

[NateIU10]

Would you care to place money on this assumption of yours?

How about instead of a smug answer, post the info? This is what I've been told and thought I had read. If I'm wrong I'm wrong, but don't be an ass

 

[dice dealer]

 

[JosephR]

I did post the facts. You can sell any firearm you build as long as you didn't build it for the sole intention of selling it.

At worst, you will need to pay the Federal Excise Tax on it before you sell it.

It IS possible to sell the firearm.

I don't care to dig up the laws right now. I know I'm right and it's not important enough to me. If you are unsure, maybe you can find it easily on AR15.com or a similar site.

Serious questions like this need serious answers and not what is usually typical hearsay or misinformation. I'm not insinuating you are stupid or purposely made a mistake so please do not get offended.

 

[Paul]

I did post the facts. You can sell any firearm you build as long as you didn't build it for the sole intention of selling it.

At worst, you will need to pay the Federal Excise Tax on it before you sell it.

It IS possible to sell the firearm.

I don't care to dig up the laws right now. I know I'm right and it's not important enough to me. If you are unsure, maybe you can find it easily on AR15.com or a similar site.

Serious questions like this need serious answers and not what is usually typical hearsay or misinformation. I'm not insinuating you are stupid or purposely made a mistake so please do not get offended.

he is right, as long as the intent is on personal use you can make it. you can then sell it later if you want

 

[NateIU10]

You were right. Sorry I got snippy

Homegunsmith.com has some real cool stuff, and they have a legal section.

1. ATFE says you CAN transfer a homebuilt firearm. You must NOT have made it with the intent to transfer it, but once you have made it, you may sell or dispose of it the same as any other firearm of that class (handguns subject to handgun laws, Title II guns subject to NFA, etc.). It is EXACTLY the same as if you bought a "factory" gun and decided to get rid of it. As long as your intent when you got it was "for personal use", you can later dispose of it.

Caveat -- Before you transfer it, you must mark the receiver of a homebuilt Title I (i.e., "normal gun" type you could buy across the counter at an FFL with a Form 4473) firearm with the same markings that would be required if you were making and registering a homebuilt Title II (NFA-controlled firearm) gun. Homebuilts DO NOT (under federal law) require ANY markings as long as the MAKER retains them -- unless they are registered as NFA guns. That means you can mark the homebuilt Title I gun when you make it, or at any subsequent time, so long as it is marked by the maker (yes, you can "farm that work" out to a professional engraver or stamper) before you transfer it. This is the current position of ATFE.

2. NFA firearms (homemade or not) are all transferred the same way. A registered NFA gun has required markings (homebuilt or not, transferred or not). These markings MUST be present when the gun is made and registered. Once it has been registered, however, it is a regular old NFA firearm, and transfers the same whether it was made by Colt or you. (Remember, a homemade Title II gun is registered on a Form 1. . . Form 1's are NOT accepted for machineguns since May 1986. If you are lawfully registering a new-built machinegun, it isn't a "homebuilt", because the only way to do it legally is as a licensed NFA manufacturer.) Again, "intent" counts -- as long as you honestly intended to make it for yourself, you can later sell or give it away.

IN ALL CASES, if you INTEND to make a gun (NFA or not) with the plan of transferring to another individual, you are NOT "making" it -- you are "manufacturing" it. "Manufacturing" is the building of a firearm for commerce -- and without a manufacturer's license (or some very narrow exceptions) is a FELONY. "Making" is building a firearm for PERSONAL USE, and is perfectly legal, provided you obey all other laws.

And before anyone asks. . . Yes, the title of Form 1 is "Application to make and register a firearm". HOWEVER -- despite the crap info some people spew, the word "firearm" in THIS case means ONLY "firearm" as defined in the NFA. So you do not need a Form 1 to build an AR15 at home. Unless you're building it as an NFA-controlled SBR or AOW.

Also, your APPROVED Form 1 needs to be in your hands BEFORE you make an NFA-controlled firearm as a homebuilt. You can build a non-NFA (i.e., Title 1) gun, and THEN file a Form 1 to change it into an NFA-controlled firearm (like an SBR). Just make sure you have the Happy ATFE Paperwork in your hot sweaty hands before you get that short barrel installed.

Edited by geodkyt on May 01 2007,13:12

Now, the only question left is how much longer will this be legal for under Obama?

 

[JosephR]

Oh isn't this the "gunshow loophole" LOL!?!?

HAHA they don't even know what this "loophole" is.

Just don't build one with a barrel shroud- you know, that shoulder thing that goes up...

 

[VUPDblue]

From the BATFE:

Individuals manufacturing sporting-type firearms for their own use need not hold Federal
Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the
firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also,
the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully
transferred in the future.