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building a pistol from a receiver

Discussion in 'Legal & Political Archive' started by Iansstud, Jun 6, 2010.

  1. Iansstud

    Iansstud SW WA / PDX Member

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    I have built 2 AK-47 pistols from flats that I bent my self.
    Last weekend I bought 6 AK Receivers (just going into the safe for now) that were pre-made and had them transfered to me on a 4473. I asked about building them into pistols. The gunstore guy said that that was fine, but I must register them as pistols with the state (WA) and that I could get into some trouble for Manufacturing Firearms.

    Is this true??

    I thought that If I bought a 100% receiver that it WAS the firearm, and I wouldent be manufacturing firearms, only adding parts to a "firearm"(the receiver is the firearm) am I wrong?

    any Legal reasons why I couldent sell off one or two of the pistols I build from the 100% receivers I bought? or would this be a bad Idea?


    Thanks!
     
  2. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I don't have a bunch of time to write in depth (breaking bad coming on) but both statements are untrue but are open for interpretation.
     
  3. bassman2

    bassman2 SW WA Active Member

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    Here's what I know:

    The receiver that you bent - You shouldn't ever sell it. It's yours forever. OR you could be accused of manufacturing without a license.

    The receivers that you purchased - Before the ATF changed the forms, it was easy - you just transfered the receiver as a handgun and voila - you can build a handgun.

    Now that the receivers are transfered as "just a receiver", it opens up a grey area about what you can add to the receiver.

    You'd think that common sense would prevail and that the paperwork change meant that you could build it into either a handgun or rifle. But that is most likely NOT the case

    I'm sure someone will be along shortly and straighten us all out.
     
  4. Zak

    Zak Snohomish County New Member

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    As far as manufacturing goes it depends on intent. If you made a pistol (creating receiver) with the intent to sell than you are manufacturing and need an FFL to do so legit. There isn't anything specific that says you can't sell it but someone else gets to interpret the grey area. One of those better safe than sorry deals.

    My understanding on the other is that as long as the receivers you purchased were not ever a rifle and not transfered as a rifle than you should be fine to build as a pistol with running into SBR issues.

    Zak
     
  5. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    This letter to the ATF and the correspondence back from the ATF covers what you need to know among other things.

    To whom it may concern:

    I am writing to request clarification regarding the ATF’s current legal stance regarding Hungarian AMD-63 and AMD-65 rifles. “Parts kits” from these rifles have recently begun appearing in the marketplace in large numbers. I have two specific questions regarding these rifles, and two more general questions regarding the “making” of firearms by a nonlicensee as mentioned in “Questions and Answers” section (A7) of the Federal Firearms Regulations Reference Guide (2000 edition). If any of these questions are inappropriate for your office, please simply refer me to the appropriate organization.

    1) With reference to the parts listed in Title 27, Code of Federal Regulations (CFR), Part 478 (formerly Part 178), section 478.39(c): You will note that the AMD-63 and AMD-65 both have a forward pistol grip attached to the lower handguard. Is this forward grip counted as part of the handguard, as part of the “pistol grip”, as an additional pistol grip, or is it uncounted?

    Note that my question is narrowly focused on correctly “counting” this forward pistol grip.

    2) With reference to assembling a working semiautomatic rifle from AMD-63 or AMD-65 parts, which is compliant with Title 18 USC § 922(r) and Title 18 USC § 922(v): Would such a rifle be considered a “machinegun” if the rifle were assembled using a commercially available semiautomatic trigger group as well as a receiver without mounting holes for an auto?sear?

    3) With reference to a nonlicensee who assembles an otherwise legal semiautomatic rifle for their own personal use (non-NFA, and compliant with Title 18 USC § 922(r) and Title 18 USC § 922(v)), but who fabricates their own receiver: Are there any additional restrictions or prohibitions against the eventual sale or transfer of such a rifle to family members, heirs, or third parties?

    Note: One of the many things I have been told is that a nonlicensee who fabricates a receiver may never transfer the resulting firearm, and that it must be destroyed in the event of the maker’s death. Thus, I am specifically interested in any record keeping, marking or labeling requirements, excise taxes, etc. necessary to have the ability to transfer or sell such a firearm.

    4) Is a licensed collector who is not a licensed manufacturer considered a “nonlicensee” for the purposes of “making” a firearm?

    While it is not my desire to cause your office any unnecessary workload, given the potentially serious consequences of even inadvertent violations of Federal Firearms law, I am left with little alternative. I have been unable to locate clear answers to these questions despite extensive research. And thus, I sincerely appreciate your efforts in responding to this letter.

    Sincerely,

    LESchwartz





    Quote:
    Originally Posted by ATF

    Dear Mr. LESchwartz:

    This refers to your letter of July 27, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you posed several questions. In general, you requested clarification regarding the classification of Hungarian AMD-63 and AMD-65 selective-fire rifle parts sets, as well as information regarding the manufacture of semiautomatic copies of these firearms.

    As you know, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term “machinegun” as follows:

    …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.

    Further, with respect to your inquiry regarding the classification of the forward grip of the AMD-63 or AMD-65 based on 27 CFR § 478.39 (formerly 178.39), you should be aware that this is an integral part of the forearm, and, consequently would serve as the “forearm” as listed in 478.39(c)(1 7).

    Concerning the manufacture of a semiautomatic copy of the AMD-63 or AMD-65 selective-fire rifle, this is possible only if the receiver is redesigned and incapable of accommodating the original fire control components. Further, the firearm must be designed to operate from the closed-bolt position. The redesigned receiver may be manufactured from new material or from the remnants of properly destroyed receivers. Proper destruction entails the diagonal torch cutting of the receiver in three critical locations. Each cut must displace at least ¼ inch of material.

    We should add that prior to utilizing sections of a destroyed receiver, the features that make it capable of firing automatically—the machinegun sear pin hole and the slotted right receiver rail must be removed.

    Also, for your information, a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use. As long as the firearm remains in the custody of the person who manufactured it, the firearm need not be marked with a serial number or name and location of the manufacturer. However, if the firearm is transferred to another party at some point in the future,
    the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92 (formerly 178.92).

    Finally, a licensed collector may acquire, hold, or dispose of firearms classified as “curios or relics” as that term is defined in 27 CFR 478.11 (formerly 178.11). The collector’s license does not authorize the holder to manufacture a firearm for commercial resale.

    For further details on issues related to your inquiry, please refer to the enclosed ATF publication, Federal Firearms Regulations Reference Guide 2000 (ATF P 5300.4). The text of 27 CFR 478.41(d) (formerly 178.41) appears on page 53; that of 27 CFR 478.93 (formerly 178.93), on page 58.

    We thank you for your inquiry and trust that the foregoing has been responsive.

    Sincerely yours,

    Sterling Nixon
     
  6. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    CFR § 478.92 How must licensed manufacturers and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices?

    (a)(1) Firearms. You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported as follows:

    (i) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver thereof an individual serial number. The serial number must be placed in a manner not susceptible of being readily obliterated, altered, or removed, and must not duplicate any serial number placed by you on any other firearm. For firearms manufactured or imported on and after January 30, 2002, the engraving, casting, or stamping (impressing) of the serial number must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch; and

    (ii) By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame, receiver, or barrel thereof certain additional information. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. For firearms manufactured or imported on and after January 30, 2002, the engraving, casting, or stamping (impressing) of this information must be to a minimum depth of .003 inch. The additional information includes:

    (A) The model, if such designation has been made;

    (B) The caliber or gauge;

    (C) Your name (or recognized abbreviation) and also, when applicable, the name of the foreign manufacturer;

    (D) In the case of a domestically made firearm, the city and State (or recognized abbreviation thereof) where you as the manufacturer maintain your place of business; and

    (E) In the case of an imported firearm, the name of the country in which it was manufactured and the city and State (or recognized abbreviation thereof) where you as the importer maintain your place of business. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134.

    (2) Firearm frames or receivers. A firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or otherwise disposed of by you must be identified as required by this section.

    (3) Special markings for semiautomatic assault weapons, effective July 5, 1995. In the case of any semiautomatic assault weapon manufactured after September 13, 1994, you must mark the frame or receiver “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY” or, in the case of weapons manufactured for export, “FOR EXPORT ONLY,” in a manner not susceptible of being readily obliterated, altered, or removed. For weapons manufactured or imported on and after January 30, 2002, the engraving, casting, or stamping (impressing) of the special markings prescribed in this paragraph (a)(3) must be to a minimum depth of .003 inch.

    (4) Exceptions. (i) Alternate means of identification. The Director may authorize other means of identification upon receipt of a letter application from you, submitted in duplicate, showing that such other identification is reasonable and will not hinder the effective administration of this part.

    (ii) Destructive devices. In the case of a destructive device, the Director may authorize other means of identifying that weapon upon receipt of a letter application from you, submitted in duplicate, showing that engraving, casting, or stamping (impressing) such a weapon would be dangerous or impracticable.

    (iii) Machine guns, silencers, and parts. Any part defined as a machine gun, firearm muffler, or firearm silencer in §478.11, that is not a component part of a complete weapon at the time it is sold, shipped, or otherwise disposed of by you, must be identified as required by this section. The Director may authorize other means of identification of parts defined as machine guns other than frames or receivers and parts defined as mufflers or silencers upon receipt of a letter application from you, submitted in duplicate, showing that such other identification is reasonable and will not hinder the effective administration of this part.

    (5) Measurement of height and depth of markings. The depth of all markings required by this section will be measured from the flat surface of the metal and not the peaks or ridges. The height of serial numbers required by paragraph (a)(1)(i) of this section will be measured as the distance between the latitudinal ends of the character impression bottoms (bases).

    (b) Armor piercing ammunition—(1) Marking of ammunition. Each licensed manufacturer or licensed importer of armor piercing ammunition shall identify such ammunition by means of painting, staining or dying the exterior of the projectile with an opaque black coloring. This coloring must completely cover the point of the projectile and at least 50 percent of that portion of the projectile which is visible when the projectile is loaded into a cartridge case.

    (2) Labeling of packages. Each licensed manufacturer or licensed importer of armor piercing ammunition shall clearly and conspicuously label each package in which armor piercing ammunition is contained, e.g., each box, carton, case, or other container. The label shall include the words “ARMOR PIERCING” in block letters at least 1/4 inch in height. The lettering shall be located on the exterior surface of the package which contains information concerning the caliber or gauge of the ammunition. There shall also be placed on the same surface of the package in block lettering at least 1/8 inch in height the words “FOR GOVERNMENTAL ENTITIES OR EXPORTATION ONLY.” The statements required by this subparagraph shall be on a contrasting background.

    (c) Large capacity ammunition feeding devices manufactured after September 13, 1994. (1) Each person who manufactures or imports any large capacity ammunition feeding device manufactured after September 13, 1994, shall legibly identify each such device with a serial number. Such person may use the same serial number for all large capacity ammunition feeding devices produced.

    (i) Additionally, in the case of a domestically made large capacity ammunition feeding device, such device shall be marked with the name, city and State (or recognized abbreviation thereof) of the manufacturer;

    (ii) And in the case of an imported large capacity ammunition feeding device, such device shall be marked:

    (A) With the name of the manufacturer, country of origin, and,

    (B) Effective July 5, 1995, the name, city and State (or recognized abbreviation thereof) of the importer.

    (iii) Further, large capacity ammunition feeding devices manufactured after September 13, 1994, shall be marked “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY” or, in the case of devices manufactured or imported for export, effective July 5, 1995, “FOR EXPORT ONLY.”

    (2) All markings required by this paragraph (c) shall be cast, stamped, or engraved on the exterior of the device. In the case of a magazine, the markings shall be placed on the magazine body.

    (3) Exceptions—(i) Metallic links. Persons who manufacture or import metallic links for use in the assembly of belted ammunition are only required to place the identification marks prescribed in paragraph (c)(1) of this section on the containers used for the packaging of the links.

    (ii) Alternate means of identification. The Director may authorize other means of identifying large capacity ammunition feeding devices upon receipt of a letter application, in duplicate, from the manufacturer or importer showing that such other identification is reasonable and will not hinder the effective administration of this part.