Posted on 01/02/2010 1:07:34 PM PST by smokingfrog
Ditto.
A form 1 is not required when a non-FFL builds a non-NFA firearm provided they are building it for their own use and never transfer it. It is very common and legal to make a homemade AR or AK.
For the example you gave, it would have to be made with no more than 10 imported parts to comply with the 89 import ban.
I stand corrected, I was thinking in terms of an AK-47 full auto. As to "manufacturing" an AR would you be machining the receiver from billet?
Regards,
GtG
Yes, you can machine an AR receiver from a billet, and there are some people over on AR15.com who have posted threads detailing there builds, but the easiest way is to use a 80% forging. You can get jigs that will allow it to be completed with a sturdy drill press and taps, or a mill.
I always found AR’s to be easier to build from scratch than an AK because there’s no pressing or riviting to build an AR, just simple machining.
'fraid not, you must file an ATF Form 1 and pay an excise tax before you undertake the "manufacture" of a firearm. If you attempt the assembly without a completed and approved Form 1 with an attached tax stamp you are courting serious fines and major jail time. Remember also that a felony conviction will cost you your right to posses any firearms you might currently own.
The Form 1 is very similar to the ATF Form 4 which is required for the transfer of NFA Class III items like machine guns, short barreled shotguns and rifles, silencers, and "dangerous devices". The vetting process for either one can be anything from six weeks to nine months, depending on the ATF work backlog.
Thought you should know.
Regards, GtG
PS Your right about the "serial number" though, it must appear on the Form 1 when it is submitted for approval.
Well..... no. Form 1 is ONLY for NFA weapons, and an AK-47 that is not modified to autofire is not an NFA weapon, as long as you stick with the 922 regs on how many "domestic" parts you use. Here is the relevant statute:
For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution. The GCA, 18 U.S.C. § 921(a)(3), defines the term “firearm” to include the following: … (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive: (B) the frame or receiver of any such weapon; (C) any firearm muffler or silencer; or (D) any destructive device. Such term does not include an antique firearm. In addition, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term “machinegun” as: … any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. Finally, the GCA, 18 U.S.C. § 922(r), specifically states the following: It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under the…[GCA]…Section 925(d)(3)…as not being particularly suitable for or readily adaptable to sporting purposes …. Also, 27 C.F.R. § 478.39 states: … (a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes …. (b) The provisions of this section shall not apply to: (1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of [§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm. (c) For purposes of this section, the term imported parts [tabulated below] are: (1) Frames, receivers, receiver castings, forgings, or castings. (2) Barrels. (3) Barrel extensions. (4) Mounting blocks (trunnions). (5) Muzzle attachments. (6) Bolts. (7) Bolt carriers. (8) Operating rods. (9) Gas pistons. (10) Trigger housings. (11) Triggers. (12) Hammers. (13) Sears. (14) Disconnectors. (15) Buttstocks. (16) Pistol grips. (17) Forearms, handguards. (18) Magazine bodies. (19) Followers. (20) Floor plates. … As a result of a 1989 study by the U.S. Treasury Department regarding the importability of certain firearms, an import ban was placed on military-style firearms. This ban included not only military-type firearms, but also extended to firearms with certain features that were considered to be “nonsporting.” Among such nonsporting features were the ability to accept a detachable magazine; folding/telescoping stocks; separate pistol grips; and the ability to accept a bayonet, flash suppressors, bipods, grenade launchers, and night sights. Please note that the foreign parts kits that are sold through commercial means are usually cut up machineguns, such as Russian AK-47 types, British Sten types, etc. Generally, an acceptable semiautomatic copy of a machinegun is one that has been significantly redesigned. The receiver must be incapable of accepting the original fire-control components that are designed to permit full automatic fire. The method of operation should employ a closed-bolt firing design that incorporates an inertia-type firing pin within the bolt assembly. Further, an acceptably redesigned semiautomatic copy of nonsporting firearm must be limited to using less than 10 of the imported parts listed in 27 CFR § 478.39(c). Otherwise, it is considered to be assembled into a nonsporting configuration per the provisions of 18 U.S.C. 925(d)(3) and is thus a violation of § 922(r). 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.
ah, I see that someone else already beat me to the point.
thanks for trying to keep me out of jail, anyway. I have never gotten the courage up to try a “from scratch” AR build. AKs are much easier, as they are designed to be built by a 14 year old illiterate Somalian.
I love mine though. I shoot tighter groups with milsurp ammo at and iron sights at 100 yards with my MAK-90 than with my Rock River AR.., again using Wolf steelcase milsurp (replacement extractors are cheap).
I had a momentary laps and thought you were describing a build for a full auto AK-47. My bad, as with most assumptions, it was not supported by facts from your post...
Regards,
GtG
Pooh! Do NOT worry about it, but that was very kind of you to say. I figured you were either thinking full auto or something like that. I am getting together with some guys sometime next month to build my first Polish underfolder. It should be lots of fun.
I just picked up almost 8,000 rounds of Yugo 7.62x39 at a steal of a deal.
I really don’t understand why the AK is not more popular. I know it is not real accurate outside 100-150 yards, but at 100 yards I hit better with my Mak-90 than with my Rock River AR-15.....neither of which is enough to write home to mommy about, but it is enough to hold off the zombie hordes for a few minutes if they come attacking.
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