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Discussion Starter #1
so what's the deal for 'joe average'?

legal?

not legal?

paperwork to be filed?

serial numbered?

if one makes a arm ( if it is legal to do so ) where's that dividing line between pistol and sbr?

next.. I suppose you can't make a pistol that had a detachable stock like the old c96 mausers.. or some of those old cap and ball guns that had that funny 'wire frame' butstock making it a kinda long bbld carbine length revolver..e tc.


what's the skinny... reading 2-3 other posts made all these ?'s pop up in my head.. :)
 

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There are all kinds of loop holes... you can manufacturer 80% of an AR lower and sell it without a FFL7 license. I have heard that if you make something that can fire live ammunition, and prove you made it, it's legal and doesn't need to be registered or have serial numbers, but I wouldn't want anything to do with something like that... As for the pistol/ SBR issue... if it has a barrel longer than 16 inches, it has to have a stock. Barrel less than 16", it CANNOT have a stock.

Examples:

Ruger 10/22 Charger


Kel Tec PLR


One thing I don't understand is the Mares Leg, which sorta has a stock? Or the grip is just formed to something to can be shouldered... I dont know what the legal definition of a butt stock is though..
 

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Depends a bit on where you are at and what state law is, but under Federal law
you can make a regular firearm for your own use (not for resale) without any paperwork,
serial number etc.

You can not make a firearm that is regulated by NFA 34 without the paperwork and
tax stamp taken care of in advance. SBR, SBS, AOW or Suppressor.

You can not as a "regular joe" make yourself a machine gun. That would run afoul
of FOPA 86 as well as NFA 34 and probably GCA 68.

Yes, I'm aware of the current state law in Montana, and the belief that a full
auto that isn't involved in interstate commerce is exempt from the provisions of
NFA 34---but my pockets aren't nearly deep enough to pi$$ off ATF and be the
test case.
 

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Can you make a gun? Yes.

Are there some types of guns you cannot make? Yes.

Is there paperwork to be filed? Only if you are making an NFA item.

serial numbered? Not unless you plan to sell it. That, by the way, will also require you to pay an 11% excise tax.

if one makes a arm ( if it is legal to do so ) where's that dividing line between pistol and sbr? If it has a shoulder stock, it is a rifle, and has to have a barrel at least 16 inches long and an overall length of at least 26 inches. If it does not have a shoulder stock, then it is a pistol, and the barrel can be any length, as long as it is rifled. If the barrel is smoothbore, then it is a shotgun, and must have a barrel at least 18 inches and an overall length of 26 inches, and whether or not it has a shoulder stock or a pistol grip is irrelevant.

next.. I suppose you can't make a pistol that had a detachable stock like the old c96 mausers.. No you can't.

or some of those old cap and ball guns that had that funny 'wire frame' butstock making it a kinda long bbld carbine length revolver..e tc. Yes you can. Cap and ball guns are not, by Federal definition, guns, and NFA does not apply to them.
 

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The mares leg is sold as a pistol. It is not designed to shoulder fire.
 

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The mares leg is sold as a pistol. It is not designed to shoulder fire.
Yup, and the important distinction here is that it was made by the manufacturer this way. You cannot take a rifle and cut it down to that length. Even though it would look and function the exact same as a mare's leg, it would be illegal because it started life as a rifle. The mare's leg started its life as a pistol, though, so it is fine.

Stupid distinction, but such is the nature of the law.

You could make one from scratch that way, if you had the means and ability to manufacture your own firearms (the only part you'd actually have to manufacture yourself is the receiver since it "is" the firearm). And it would be perfectly legal, provided that you as the builder intended it to be a pistol from the get-go. It would be wise to mark the receiver as a pistol, just to avoid any false accusations.

As others have said, yes, it's perfectly legal to build your own firearm, provided that you're not building it to sell and provided that it isn't a restricted type. And for the record, making your own firearm also includes re-building a firearm from a parts kit where the original receiver has been destroyed. This is the way so many people are able to build AK47 clones and many other types of military-style rifles from de-milled imported parts kits. The original receiver was torch-cut according to law, so you just have to build a new receiver and install the rest of the parts in accordance with existing laws. This usually means satisfying a minimum number of US-made parts. You can also purchase an 80% complete receiver and do the last 20% of the work yourself. By law, any receiver that's more than 80% complete instantly becomes a firearm.

But if you wanted to, for example, build your own firearm from scratch, using US-made barrels, triggers, magazines, and other random parts, it would be perfectly legal. You just have to watch the details and know all the rules.
 

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Discussion Starter #7

next.. I suppose you can't make a pistol that had a detachable stock like the old c96 mausers.. No you can't.

or some of those old cap and ball guns that had that funny 'wire frame' butstock making it a kinda long bbld carbine length revolver..e tc. Yes you can. Cap and ball guns are not, by Federal definition, guns, and NFA does not apply to them.


ahh.. good point... not a firearm unless used in a crime.

That would mean that a smoothbore 'musket' style handgun would likely be legal, if primitive.. ie.. cap/ball, flintlock/matchlock..e tc..

thanks for the info.
 

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Discussion Starter #10
cute dbl bbl pistol

a blunderbuss would be nice!
 
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