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Posted: 12/9/2015 10:12:45 AM EDT
| Can some one please provide me with the US Code sec that relates to a home-made firearm or completing an 80% receiver. |
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Can some one please provide me with the US Code sec that relates to a home-made firearm or completing an 80% receiver. There is no law or code that makes anything legal. Laws only make things illegal. But here is a FAQ from ATF, go down to question 9. I printed it and framed it on my wall. https://www.atf.gov/file/61721/download Straight from the horses mouth. I'm also thinking I need to carry a copy on me at all times. We had a guy locally here get arrested for haveing a homemade gun, the charge they used was "possession of a destructive device"  Then a representitive from the PD was interviewed by the local news paper and said they want to remind people that it is illegal to make homemade guns and that "if you see anything that looks homemade to call the police."
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dude! the answer is the first result in that google search. do a little work on your own and don't expect a handout Quoted:
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Oooh K, thought I'd find an answer but basically you told me to f..k off and go somewhere else. dude! the answer is the first result in that google search. do a little work on your own and don't expect a handout I must be reading this wrong, then. The first link was addressing taking the lower to business for further processing. |
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I must be reading this wrong, then. The first link was addressing taking the lower to business for further processing. Quoted:
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Oooh K, thought I'd find an answer but basically you told me to f..k off and go somewhere else. dude! the answer is the first result in that google search. do a little work on your own and don't expect a handout I must be reading this wrong, then. The first link was addressing taking the lower to business for further processing. https://www.atf.gov/file/11711/download |
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https://www.atf.gov/file/11711/download Quoted:
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Oooh K, thought I'd find an answer but basically you told me to f..k off and go somewhere else. dude! the answer is the first result in that google search. do a little work on your own and don't expect a handout I must be reading this wrong, then. The first link was addressing taking the lower to business for further processing. https://www.atf.gov/file/11711/download Yeah, that's the one.  It appears to only address taking the lower to business for further processing.
To paraphrase Inigo Montoya, I do no think that talks about what you think it talks about. |
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Yeah, that's the one. It appears to only address taking the lower to business for further processing.
To paraphrase Inigo Montoya, I do no think that talks about what you think it talks about. Quoted:
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Oooh K, thought I'd find an answer but basically you told me to f..k off and go somewhere else. dude! the answer is the first result in that google search. do a little work on your own and don't expect a handout I must be reading this wrong, then. The first link was addressing taking the lower to business for further processing. https://www.atf.gov/file/11711/download Yeah, that's the one. It appears to only address taking the lower to business for further processing.
To paraphrase Inigo Montoya, I do no think that talks about what you think it talks about. first thing listed 18 U.S.C. 921(a)(3)(A) and (B): The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be 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 firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. https://www.atf.gov/firearms/qa/are-“80”-or-“unfinished”-receivers-illegal 
the pocket is solid so it is not classified as a firearm http://www.thefirearmblog.com/blog/2014/11/11/atf-releases-faq-80-percent-receivers/ |
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first thing listed *snip* http://www.thefirearmblog.com/blog/2014/11/11/atf-releases-faq-80-percent-receivers/ ***Please accept my tone as conversational. I am not a troll, nor do I wish this to devolve.*** First, I'm not convinced the OP was looking for a definition of the point at which the 80% Lower becomes a firearm. Only he can answer, but as I read his question, he was looking more for compliance requirements. That said THIS LINK you just posted above looks like the sort of information for which he might have been looking. Thank you for the link. On point 5 there was another link regarding ATF requirements for markings on receivers made from 80% Lowers https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-firearms-verification-overview I tried to post that section related to marking, but this system says that the post is too long for a new user. When reviewing this section just now I see another link that takes you to the Electronic Code of Federal Regulations (current as of Dec 9, 2015) What do you make of Section [§479.62 Application to make.]??? |
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***Please accept my tone as conversational. I am not a troll, nor do I wish this to devolve.*** First, I'm not convinced the OP was looking for a definition of the point at which the 80% Lower becomes a firearm. Only he can answer, but as I read his question, he was looking more for compliance requirements. That said THIS LINK you just posted above looks like the sort of information for which he might have been looking. Thank you for the link. On point 5 there was another link regarding ATF requirements for markings on receivers made from 80% Lowers https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-firearms-verification-overview I tried to post that section related to marking, but this system says that the post is too long for a new user. When reviewing this section just now I see another link that takes you to the Electronic Code of Federal Regulations (current as of Dec 9, 2015) What do you make of Section [§479.62 Application to make.]??? Quoted:
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first thing listed *snip* http://www.thefirearmblog.com/blog/2014/11/11/atf-releases-faq-80-percent-receivers/ ***Please accept my tone as conversational. I am not a troll, nor do I wish this to devolve.*** First, I'm not convinced the OP was looking for a definition of the point at which the 80% Lower becomes a firearm. Only he can answer, but as I read his question, he was looking more for compliance requirements. That said THIS LINK you just posted above looks like the sort of information for which he might have been looking. Thank you for the link. On point 5 there was another link regarding ATF requirements for markings on receivers made from 80% Lowers https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-firearms-verification-overview I tried to post that section related to marking, but this system says that the post is too long for a new user. When reviewing this section just now I see another link that takes you to the Electronic Code of Federal Regulations (current as of Dec 9, 2015) What do you make of Section [§479.62 Application to make.]??? He asked for the code related to an 80% lower. That is what I provided. It defines what constitutes a firearm. Outside of that, 80%, 0%, 5%, etc...do not meet the requirement of what is a firearm. The information the ATF has released is simply clarifying the actual code and why an 80% doesn't make a firearm. |
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In reality, BATFE can change their mind (and have) on what is and is NOT considered a firearm.
The term 80% is made up, it's not defined anywhere. BATFE has clarified what they consider to be enough to constitute a firearm today, but that can change at any time. The only "80%s" that are clearly non-firearms, and therefore legal to sell without an FFL, are those who have submitted their product to the BATFE and have a permission slip that says its ok. Just look at the Ares and the EP80 incident. To be fair OP, you didn't really ask a direct or detailed question. What "compliance" are you interested in? How to finish an 80% legally? Is it legal? Can you make 80%s to sell? Can you buy an 80% and have someone finish it? The only things written in law (which define what you can NOT do) are: you can NOT make firearms to sell without the proper licensing, and what a "firearm" is. And that is at the federal level, your state and local laws may restrict you further. |
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He asked for the code related to an 80% lower. That is what I provided. It defines what constitutes a firearm. Outside of that, 80%, 0%, 5%, etc...do not meet the requirement of what is a firearm. The information the ATF has released is simply clarifying the actual code and why an 80% doesn't make a firearm. ummm.... yes, what you have provided does in fact define what constitutes a firearm,.... and No... He asked for the code related to 'homemade firearms', under the umbrella title of 'Compliance'. i.e. How to stay compliant while completing a receiver. The actual point at which the lump of metal became a firearm was not the thrust of the question. Moot now I guess, I believe he was run off by others... |
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*snip* How to finish an 80% legally? Is it legal? Can you make 80%s to sell? Can you buy an 80% and have someone finish it? *snip* The only things written in law (which define what you can NOT do) are: you can NOT make firearms to sell without the proper licensing, and what a "firearm" is. *Sorry to have to snip, but I have very limited character count.* I believe the thrust of the question was "How to finish legally. My understanding is that you cannot buy an 80% and have someone finish. It is my further understanding that all work has to be done by me. This runs counter to what you have said above (no rules). Is this wrong? As for selling, seeing the code for that would be nice as I am wondering about the wording. For instance, I make and own a homemade firearm for years. I would like to sell to get another. Firearm was not made 'to sell', what does code say? Same for inheritance, can dear daughter inherit dear dad's precious AR legally? I have heard "no" frequently. Never mind what the government does not know... Lets say I'm a big boy scout... |
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*Sorry to have to snip, but I have very limited character count.* I believe the thrust of the question was "How to finish legally. My understanding is that you cannot buy an 80% and have someone finish. It is my further understanding that all work has to be done by me. This runs counter to what you have said above (no rules). Is this wrong? As for selling, seeing the code for that would be nice as I am wondering about the wording. For instance, I make and own a homemade firearm for years. I would like to sell to get another. Firearm was not made 'to sell', what does code say? Same for inheritance, can dear daughter inherit dear dad's precious AR legally? I have heard "no" frequently. Never mind what the government does not know... Lets say I'm a big boy scout... Quoted:
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*snip* How to finish an 80% legally? Is it legal? Can you make 80%s to sell? Can you buy an 80% and have someone finish it? *snip* The only things written in law (which define what you can NOT do) are: you can NOT make firearms to sell without the proper licensing, and what a "firearm" is. *Sorry to have to snip, but I have very limited character count.* I believe the thrust of the question was "How to finish legally. My understanding is that you cannot buy an 80% and have someone finish. It is my further understanding that all work has to be done by me. This runs counter to what you have said above (no rules). Is this wrong? As for selling, seeing the code for that would be nice as I am wondering about the wording. For instance, I make and own a homemade firearm for years. I would like to sell to get another. Firearm was not made 'to sell', what does code say? Same for inheritance, can dear daughter inherit dear dad's precious AR legally? I have heard "no" frequently. Never mind what the government does not know... Lets say I'm a big boy scout... You kind of made my point here, these are specific questions and have specific answers. So: You are correct sort of. It is not illegal for me to buy an 80% and get someone else to finish it - it is however illegal for someone else to finish an 80% for me. In other words they are the ones manufacturing a firearm without a license. There is no federal law that restricts a private individual from selling a firearm, so yes it is legal federally. There are local laws in places that would prohibit or restrict this however so I'd be very careful if you sell a homemade firearm. BATFE asks that you mark it somehow so it can be identified if needed, but there is no law requiring you to do so. Also inheritance is perfectly legal federally, again check with local laws as I'm sure there are places this is also forbidden. Nothing wrong with being a boy scout, or keeping it legal 
Technically speaking, there is nothing that can get you, as an individual, into trouble with building a firearm. All the "illegal" activity is on the part of whoever made and/or sold the 80% if BATFE would consider that part a firearm |
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