Building
your own gun
You'll want to research the laws
in your city. county, state and the federal laws
that we all must work within as well as any other
laws that might apply to you where you live. We
are posting links to the pages where we found
this information but the links may change or become
outdated. Be aware of that and do your own research
if you plan to purse attaining a manufacturers
licence or plan to build a gun for yourself.
Here you'll find links and copies
of the parts of the national laws that affect
building of guns by both licensed and non licensed
manufacturers. This is not everything you'll need
to know and do. but it will get you started.
If anyone heads down the path of
becoming a licensed manufacturer and would like
to document the process we'll be happy to post
the results here for others to learn from.
Basically you can become a licensed manufacturer
and build guns for a living just like Colt, Winchester
and Browning before us. Or you can build a gun
or two on your own without a licence as long as
you and the gun are legal and you don't sell it.
From
the ATF website
Firearms > Legal > Licensing
http://www.atf.gov/firearms/legal/licensing.htm
A license is required under the GCA to engage
in business as a manufacturer, importer or dealer
in firearms. 18
U.S.C. 922(a)(1), 923(a). A license application
(except for collector of curios & relics)
must include a photograph and fingerprints of
the applicant.
An application will be approved if the applicant
--
(1)
is 21 years of age or over;
(2) is not prohibited from transporting, shipping,
or receiving firearms or ammunition in or affecting
interstate or foreign commerce;
(3) has not willfully violated any provision of
the GCA;
(4) has not willfully failed to disclose any material
information or made any false statement;
(5) has in a state premises from which to engage
in business; and
(6) certifies that the business will comply with
State and local law and that local law enforcement
officials have been notified of the application.
18
U.S.C. 923(d)(1).
Licenses are issued for a 3-year period. Licenses
may be revoked, or license renewal applications
denied, if the licensee has willfully violated
any provision of the GCA. 18 U.S.C. 923(e). Judicial
review of administrative license denials and revocations
may be obtained in Federal court. 18 U.S.C. 923(f)(3).
A license is required under the AECA for the export,
temporary import, and temporary export of defense
articles, including firearms and ammunition. The
license application must generally be filed by
a person registered with the Department of State.
The application must include specific information
concerning the article being shipped, the destination,
the end user, and the end use. An import authorization
from the country of end use must also be submitted
in support of the application. Licenses are approved
for a four-year period and are subject to post-approval
reviews and verifications to ensure compliance
with the terms of the license.
THE
GUN CONTROL ACT OF 1968, PUBLIC
LAW 90-618
TITLE 18, UNITED STATES CODE, CHAPTER 44
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/18usc_chap44.pdf
§
922. Unlawful acts
(o)(1)
Except as provided in paragraph (2), it shall
be unlawful for any person to transfer or possess
a machinegun.
(2) This subsection does not apply with respect
to -
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department,
agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of
a machinegun that was lawfully possessed before
the date this subsection takes effect.
(r)
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 section
925(d)(3) of this chapter as not being particularly
suitable for or readily adaptable to sporting
purposes except that this subsection shall not
apply to -
(1) the assembly of any 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 any such rifle or shotgun
for the purposes of testing or experimentation
authorized by the Secretary.
(v)(1)
It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession
or transfer of any semiautomatic assault weapon
otherwise lawfully possessed under Federal law
on the date of the enactment of this subsection.
(3) Paragraph (1) shall not apply to -
(A) any of the firearms, or replicas or duplicates
of the firearms, specified in Appendix A to this
section, as such firearms were manufactured on
October 1, 1993;
(B) any firearm that -
(i) is manually operated by bolt, pump, lever,
or slide action;
(ii) has been rendered permanently inoperable;
or
(iii) is an antique firearm;
(C) any semiautomatic rifle that cannot accept
a detachable magazine that holds more than 5 rounds
of ammunition; or
(D) any semiautomatic shotgun that cannot hold
more than 5 rounds of ammunition in a fixed or
detachable magazine. The fact that a firearm is
not listed in Appendix A shall not be construed
to mean that paragraph (1) applies to such firearm.
No firearm exempted by this subsection may be
deleted from Appendix A so long as this subsection
is in effect.
(4) Paragraph (1) shall not apply to -
(A) the manufacture for, transfer to, or possession
by the United States or a department or agency
of the United States or a State or a department,
agency, or political subdivision of a State, or
a transfer to or possession by a law enforcement
officer employed by such an entity for purposes
of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of
the Atomic Energy Act of 1954 for purposes of
establishing and maintaining an on-site physical
protection system and security organization required
by Federal law, or possession by an employee or
contractor of such licensee on-site for such purposes
or off-site purposes of licensee-authorized training
or transportation of nuclear materials;
(C) the possession, by an individual who is retired
from service with a law enforcement agency and
is not otherwise prohibited from receiving a firearm,
of a semiautomatic assault weapon transferred
to the individual by the agency upon such retirement;
or
(D) the manufacture, transfer, or possession of
a semiautomatic assault weapon by a licensed manufacturer
or licensed importer for the purposes of testing
or experimentation authorized by the Secretary.
§
923. Licensing
No
person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing
or manufacturing ammunition, until he has filed
an application with and received a license to
do so from the Secretary. The application shall
be in such form and contain only that information
necessary to determine eligibility for licensing
as the Secretary shall by regulation prescribe
and shall include a photograph and fingerprints
of the applicant. Each applicant shall pay a fee
for obtaining such a license, a separate fee being
required for each place in which the applicant
is to do business, as follows:
(1)
If the applicant is a manufacturer -
(A)
of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of
$1,000 per year
(B) of firearms other than destructive devices,
a fee of $50 per year; or
(C) of ammunition for firearms, other than ammunition
for destructive devices or armor piercing ammunition,
a fee of $10 per year.
(2)
If the applicant is an importer -
(A)
of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of
$1,000 per year; or
(B) of firearms other than destructive devices
or ammunition for firearms other than destructive
devices, or ammunition other than armor piercing
ammunition, a fee of $50 per year.
(3)
If the applicant is a dealer -
(A)
in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices,
a fee of $200 for 3 years, except that the fee
for renewal of a valid license shall be $90 for
3 years.
[(C)
Repealed. Pub.L. 103-159, Title III, § 303(4),
Nov. 30, 1993, 107 Stat. 1546.]
From
the Bureau of Alcohol, Tobacco and Firearms (ATF)
FAQ page
http://www.atf.gov/firearms/faq/index.htm
A7)
Does the GCA prohibit
anyone from making a handgun, shotgun or rifle?
With certain exceptions a firearm may be made
by a nonlicensee provided it is not for sale and
the maker is not prohibited from possessing firearms.
However, a person is prohibited from making a
semiautomatic assault weapon or assembling a nonsporting
semiautomatic rifle or nonsporting shotgun from
imported parts. In addition, the making of an
NFA firearm requires a tax payment and approval
by ATF. An application to make a machinegun
will not be approved unless documentation is submitted
showing that the firearm is being made for a federal
or state agency.
[18
U. S. C. 922 (o),
(r), (v), and
923, 27 CFR 178.39, 178.40,
178.41 and 179.105]
Definition
From THE NATIONAL FIREARMS ACT
TITLE 26, UNITED STATES CODE, CHAPTER 53
INTERNAL REVENUE CODE
CHAPTER
53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN
OTHER
FIREARMS
SUBCHAPTER
B:
PART
I – GENERAL PROVISIONS
SEC.
5845. Definitions
For the purpose of this chapter -
(10)
The term "manufacturer"
means any person engaged in the business of manufacturing
firearms or ammunition for purposes of sale or
distribution; and the term "licensed manufacturer"
means any such person licensed under the provisions
of this chapter.
More
Gun Building and Manufacturing Resources:
Bureau
of Alcohol, Tobacco, Firearms and Explosives
Federal
Firearms Regulations Reference Guide 2005
ATF
Firearms Program Information
National
Licensing Center
The National Licensing Center (NLC) is responsible
for determining eligibility and acting upon applications
for Federal firearms licenses, Federal explosives
licenses, and Federal explosives users permits.
Inspections of applicants are coordinated with
regulatory field offices. Such applications are
required to be filed by all persons who intend
to engage in the business of manufacturing, importing,
or dealing in firearms, and persons who intend
to engage in the business of importing, manufacturing
or dealing in explosive materials. Firearms licenses
are also issued to persons who wish to be collectors
of curio and relic firearms. Finally, the NLC
issues permits to persons who intend to acquire
or transport explosive materials in interstate
or foreign commerce.
|