Personal-use Pistol "manufacturing"?

[wdoyle1980]

I have a question about the legality of making a semi-automatic pistol for personal-use. I understand that it IS LEGAL to make/transfer a receiver for, say, the m1911 and to assemble the parts together into a complete firearm. In the case with making a receiver from stock or 80% kit, one would need to qualify (ie. not be a felon or of poor mental capacity....) and to mark said receiver to make the BATF happy. with a transfered receiver, well -- it's already documented. What are the legalities of DESIGNING and MANUFACTURING of a receiver for a firearm that is not already been patented (as w/ the m1911) and been reviewed by the BATF? Is it legal to, say, manufacture a firearm based on Bill Holmes' (paladin press author) design [which is semi-auto]?? Is it legal to design and make your OWN firearm (or as in a "modified" design by a patented design)? i live in Palm Beach County, FL, USA -- for anyone that can give me some DETAILED info for my questions. Accurate help would be GREATLY appreciated. Thanks, all.

[garrettwc]

Suggest you check the BATF website. They have some publications on there that should give you some insight into what they will and won't allow. IIRC as long as you never transfer it then you are OK, but you are traveling in murky waters.

[wdoyle1980]

I checked on their website, and all that was found were statements like "with certain exceptions, it is legal to make a firearm for personal-use as long as it is serialed and with prior approval of the BATF"

I didn't think you needed "prior approval" to assemble, say, an AKM kit from a receiver that you MANUFACTURED [as long as it's 922r compliant]. I didn't think that it was 'necessary' to serial it OR pay the stamp tax (w/ registration) on the manufactured firearm. I thought the serializatio was a "good idea" to keep the BATF from crying at you if something ever happens and they show up.

[garrettwc]

Like I said. Lots of murky water in there. And it's just as confusing for the BATF field agents. I tend to err on the side of caution with stuff like this and just avoid it.

Anything beyond what I have recommended so far would border on legal advice which I am not qualified to give. You'll have to consult a paid professional (one that specializes in this stuff) for better answers.

Sorry, I couldn't be more help.

[brickeyee]

You need to be very careful when reading the BATF site and rules. In most cases, when they refer to a 'firearm' they mean a machine gun. The term rifle and handgun are used to indicate non-automatic weapons.
You are allowed to build semiauto (must be difficult to convert to auto) weapons subject to the other rules about size (no 'short barreled rifles' or smooth bore handguns).
Home Shop Machinest published a series of articles a few years ago on building a single shot action, and the plans are all over the place.
A semi-auto weapon will need to be very difficult to convert to full auto to comply with the NFA.

[wdoyle1980]

Yea, I had seen that on their site postings about the use of the term "firearm". They talk about sending in designs and blueprints, and obtaining PERMISSION, before "manufacturing a firearm"...

I had bought an AKM parts-kit and a How-To video a while back and even while watching it, it seemed a bit murky:

I can brake/fold a receiver-flat and MANUFACTURE a receiver LEGALLY if i'm not a felon (which i'm not), don't have any restraining orders on me (which I don't), be over the age of 21 (which I AM), and be in a 'healthy mental state' (which I AM), AND if i stamp the receiver with my NAME, STATE of mfg, and DATE in a conspicuous place on the receiver.

I can not SELL this firearm to anyone. I CAN TRANSFER it to a kin/heir in the event of my passing away or to an offspring before my passing w/o penalty.

When making the AKM, being that it is ORIGINALLY an IMPORTED RIFLE -- it needs to meet the requirements of section 922(r) and the "parts rule".

SOOOOOOO......my question is: DO I **NEED** TO SEND SOMETHING TO the BATF and pay a tax stamp on it? All of the websites (non-batf) basically say NO and that the rifle is completely legal that way....

ok... why the big segway into my AKM?? I want to design and create a semi-automatic pistol.

I built an m1911 45acp pistol also a while back. I built in on a registered receiver --- so i'm not really even remotely concerned about it's legalilty... it's a SEMI-AUTO pistol and that's it.... boom. ....although i AM IN THE WORKS for making a conversion UPPER for it to make it into a convertable CARBINE (in 45acp, maybe 9mm and/or 7.62x25.... but we'll see...) off of that REGISTERED receiver....

With the m1911, it was ORIGINALLY DESIGNED and released as a firearm from the USA --- so not subject to any "parts rule" for importation -- as it was NEVER imported into the US.

.....SO when the BATF website pages state that it is ILLEGAL to MAKE/MANUFACTURE a "firearm".... they're REALLY saying that it's illegal to make an AUTOMATIC FIREARM..? i HATE how they can't just come out and be like --- you can make a single-shot and automatic rifle and handgun, just nothing automatic, no SBRs, and "destructive devices".

How does that work with RIFLE-CALIBER pistols?!? isn't that TECHNICALLY a SBR?? (head is spinning!!!)


I'm sorry for the super-long post. I'm excited to start some of these projects, but i don't feel like going to jail for 10-years for not paying a TAX STAMP (tax evasion) and getting some paper-pusher's PERMISSION....

[brickeyee]

'Designed to be fired with one hand' is the handgun rule.
Any caliber is acceptable as long as the device is not a short barreled rifle. Caliber is not part of the rifle/handgun decision.

It gets into painful details sometimes. A bolt action can be used to make either a pistol or a rifle if it has never been used before and has not been tranfered as a rifle. Taking a rifle apart and using the action to make a pistol is not allowed.
You understand the rules. Made for yourself, not sold or transfered, not automatic.
No permision required, no taxes due.

[wdoyle1980]

" Made for yourself, not sold or transfered, not automatic." So there is no destinction between making a rifle or a handgun when it comes to "you can make a firearm that is made for yourself, not sold or transfered, and not automatic?

I'm gonna get cracking on a couple of these new projects **smile**.