Is anyone familiar with the procedures for building and registering a home built rifle?
such as by bending AK/G3/FAL flats into receivers and registering them? or milling out 80% AR lowers?

from looking around on calguns and THR, it appears many places don't even require you to register homemade guns. They fall subject to all other rules and definitions, such as place to keep, carry, etc. In these places, many times, the homebuilders really never intend on ever selling them and don't even engrave make, model, caliber, serial.

so far, the most i've found, is that in HI, all guns acquired after 1994 must be registered, so homebuilds must be registered, and i guess they would need a serial number to be registered. What i'm really looking for, that the California builders watch out for, is the definition of a "zip-gun" and the definition of "firearms business".

has anyone folded a flat here and registered it here? Is there a department (that supercedes HPD in this area) I should call to find out about this? Nobody answered when I called HPD firearms last week. I was going to ask today when i went to start a permit, but they were closed. I guess i will call again on monday.

And what about pistols? the permit process to buy a pistol is lengthy. I am assuming, if it is legal to home build a for personal use pistol, the paperwork for it is absurd. I'm imagining applying for a permit to acquire the pistol from yourself, then having 5 days to complete it and register it 

OR do i have to jump through all the flaming hoops with the city and county, make retail space in the appropriate zoning, with the approval of the landlord under the heckling of the ATF, get an FFL type 07 -Manufacturer, open up for set hours and annual inspections, just so that i can fill my bound book with all the personal use interesting guns i would like to build....

This is the fun we are missing out on!
http://www.calguns.net/calgunforum/showthread.php?t=311184&page=6
http://www.ak47.net/forums/topic.html?b=5&f=49&t=56483&page=1
i'd love to build a damascus frame, stainless slide AMT Hardballer style 1911
http://www.cncguns.com/
I'd love to have a Hobby Fanuc 3-axis like this guy!

Some Legal Info
http://www.calguns.net/calgunforum/showthread.php?t=86627
http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

I was just going to say I think to manufacture a firearm you need to be a FFL.  This outside of my current realm of study so i really have no opinion =/ sorry Ross!

I can get in touch with a fellow on the Big Island. He's a member of another firearm forum I regularly use and he built his own HK91 clone by bending his own flat to make the receiver.

Don't quote me on this because I'm not 100% sure but for example if building an HK clone with an already bent flat, it's technically a receiver and has been serialized by who ever bent it (i.e Century Arms or PTR etc) but a blank flat has no serial numbers, at least the ones I've seen. I don't think you could sell the rifle you build from a blank flat. A gunsmith who builds it for you has an FFL and would serial number it, I know Arizona Response System and Gewehr Works does that.

Yes, that would be great if you could ask him. I wonder if he is the same person from the big island that was asking this same question on  THR.

With flats, as soon as you bend it, even if you bend it completely wrong, it is a receiver, and thus, a firearm per the ATF.

If someone builds it for you, you haven't made it for personal use and technically, that person has engaged in firearms related business, by manufacturing for you and must have a FFL for manufacturing.

But you can get your friends together, split on the tooling, share parts and knowledge and everyone build their own rifle. Which is what they do at calgun AK build parties.

I'd love to have some sort of build parties, Hawaii is pretty barren in terms of available gunsmiths.

ross1459,

Very interesting question.  Let us know what you find out.

ross1459,

Very interesting question.  Let us know what you find out.

Definitely will. Looking forward to doing a build party

Found it:

     §134-33  Punishment for violations of section 134-32.  Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year. [L 1921, c 13, pt of §1; RL 1925, §2036; RL 1935, §2557; RL 1945, §7198; am L 1953, c 155, §1(c); am L 1955, c 54, §2; RL 1955, §157-33; HRS §134-33]

Great. So how do you get a state license for a non-business

I am not a lawyer. I'm not even a law student. But...
This section again refers to engaging in the business of firearms, just like the scope of GCA '68 and its requirements and definitions for FFL's.

     Â§134-31  License to sell and manufacture firearms; fee.  Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail, shall annually file an application for a license therefor with the director of finance of each county of the State.  The annual fee for the issuance of such license shall be $10 and shall be payable to said director of finance.  A license issued hereunder shall expire on June 30 next following the date of issuance of the license unless sooner terminated.  Application for renewal of license shall be filed on or before June 30 of each year. [L 1921, c 13, pt of §1; RL 1925, §2033; RL 1935, §2554; RL 1945, §7195; am L 1953, c 155, §1(a); RL 1955, §157-30; HRS §134-31; am L 1972, c 30, §1]

If the following text were a blanket restriction of the manufacture of firearms to licenseholders only, it would then also restrict sales to dealer licenseholders only. Private party sales of personal use firearms would be illegal. So then these penalties must apply only to section 32 as its title states, and regulate people engaged in the business of firearms, not for personal use.

      §134-33  Punishment for violations of section 134-32.  Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year. [L 1921, c 13, pt of §1; RL 1925, §2036; RL 1935, §2557; RL 1945, §7198; am L 1953, c 155, §1(c); am L 1955, c 54, §2; RL 1955, §157-33; HRS §134-33]

     Â§134-32  License to sell and manufacture firearms; conditions.  Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:
     (1)  That the licensee at all times shall comply with all provisions of law relative to the sale of firearms.

     (2)  That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended.

     (3)  That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same.

     (4)  That all firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business.

     (5)  That the license may be revoked for a violation of any of the conditions of this section. [L 1921, c 13, pt of §1; RL 1925, §2034; RL 1935, §2555; RL 1945, §7196; am L 1953, c 155, §1(b); RL 1955, §157-31; HRS §134-32; am L 1988, c 275, §3; am L 1989, c 261, §7; am L 1994, c 204, §11]

Dang lawyer jargon! 

So does that mean you pay $10 per year, then you can build a receiver, but will not be able to sell or transfer such, unless you are an FFL?

     Â§134-31  License to sell and manufacture firearms; fee.  Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail, shall annually file an application for a license therefor with the director of finance of each county of the State

Well,  you can break it down like this:
1.   Engage in the business to sell;
2.   Engaged in the business to manufacture firearms for sale.

At wholesale or retail.

IANAL, and I think it might be worth it to consult one (for this purpose); but I don’t believe 134-31 would apply on its face, as written, to a person who is not engaged in the business to sell, or manufactures a firearm to sell.
 

§134-32  License to sell and manufacture firearms; conditions.  Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:
     (1)  That the licensee at all times shall comply with all provisions of law relative to the sale of firearms.

     (2)  That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended.

     (3)  That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same.

     (4)  That all firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business.

     (5)  That the license may be revoked for a violation of any of the conditions of this section. [L 1921, c 13, pt of §1; RL 1925, §2034; RL 1935, §2555; RL 1945, §7196; am L 1953, c 155, §1(b); RL 1955, §157-31; HRS §134-32; am L 1988, c 275, §3; am L 1989, c 261, §7; am L 1994, c 204, §11] §134-32

I don’t think this could apply, if you were not required to have a license to begin with.  It would appear to me that holding a license from 134-31 is required to apply 134-32, otherwise, there is no “licensee”.

      §134-33  Punishment for violations of section 134-32.  Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year. [L 1921, c 13, pt of §1; RL 1925, §2036; RL 1935, §2557; RL 1945, §7198; am L 1953, c 155, §1(c); am L 1955, c 54, §2; RL 1955, §157-33; HRS §134-33]

Obviously, if 134-32 didn’t apply, because you were not required to hold a license under 134-31, then 134-33 can’t apply either. As it just dictates the punishments for 134-32 violations; this would be a misdemeanor offense though (since it’s term isn’t > then one year in jail).

The 1968 Gun Control Act is the federal law that requires anyone in the firearms business to have a FFL. Guns made for personal use are not regulated under the act and therefore do not require a license to manufacture because the act regulates firearms businesses. However, in the eyes of the BATFE, the difference between "personal use" and "business", and "gunsmith" and "manufacturer" is as subjective and convoluted as "possession" vs "intent to manufacture" or "medium-rare" vs "medium-well".

This state law is worded very similarly, in that anyone "engaged in the business of manufacturing or selling firearms" must get a $10 license from the state. "manufacturing or" being the strange part of this section, it seems possible that they could play on the wording to mean that manufacturing for any purposes requires a license, even though the finished product is never sold and you are therefore not engaging in any business, only an activity. This is absurdity, however, worse things have happened to become law, so i wouldn't be surprised if by "business" they mean "everybody"

Is it possible to call the attorney general or the prosecutors office and have them tell you what the law means? Hopefully when i go down to firearms they'll be like "yeah! People come in and register their home built personal use rifles all the time!"

They said theres an old guy that does this all the time. The make is "custom" model is "rifle". As far as they know, you may not sell it (ever?).

You must engrave a serial number and register it.

Nobody knew anything about building a handgun, however. They said to call the ATF.

I guess i am just a legal paranoiac.

Anyway! 2AHawaii AK build party! Who's down??? Blind leading the blind for the most part, i presume!!!!