building your own gun (Read 6244 times)

BYKmatty

building your own gun
« on: April 20, 2016, 09:40:10 AM »
I wanted to get some feedback on a train of thought I had.  So please no redundant posts telling me "ARE YOU FOR REAL" or "YOU HAVE GOT TO BE JOKING"   I am just hypothetically running this by others that have a higher level of legal knowledge.

I have heard that there is a federal law that states an individual can assemble a firearm from manufactured parts that do not have REG numbers affixed to them yet because they parts are partially unfinished. If the intention of the person building it is to be the sole owner and never transfers, sells, or gives away the firearm. Is this true?

If so here is my theory:  Could an individual purchase partially finished (millied) lower receiver that does not have REG numbers or any company logos on them yet as they are unfinished.   Then if you have the tools and you have the capability of completing the machining of the lower.


Do you then have to register it with the state?  if yes how does one render REG numbers
Does Hawaii state law cover this?

again not looking for stupid 2bit comments, just wanted some solid input

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Re: building your own gun
« Reply #1 on: April 20, 2016, 09:53:18 AM »
Yes, you can build your own gun for parts. Lookup 80% lowers or here for an example.

You'll need to register and engrave your own numbers in Hawaii. I think X-ring does engraving. This falls under Hawaii's registration statute.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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London808

Re: building your own gun
« Reply #2 on: April 20, 2016, 10:25:54 AM »

Do you then have to register it with the state?  if yes how does one render REG numbers
Does Hawaii state law cover this?

again not looking for stupid 2bit comments, just wanted some solid input

You must have a valid permit,
HRS134-2 Permits to acquire.
" No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the State or imported by mail, express, freight, or otherwise, until the person has first procured from the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither place of business nor residence, the person's place of sojourn, a permit to acquire the ownership of a firearm as prescribed in this section. "


You must engrave a serial number into the receiver
134-3  Registration, mandatory, exceptions.
"If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration. "


You must register the firearm within 5 days of starting to finish the receiver, Once you start work it is no longer an 80% receiver it has become a firearm.
  §134-3  Registration, mandatory, exceptions.
"Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition."


Additional information, You can not sell, trade, gift, or in any other way transfer ownership of an 80% lower (once completed),  You can not finish the rifle at a machine shop or with the help of some one in the businesses of machining or finishing parts, You can also not have access to their tools and/or equipment.   https://www.atf.gov/firearms/docs/2015-1-manufacturing-and-gunsmithing/download




An FFL or unlicensed machine shop may also desire to make available its machinery (e.g., a computer numeric control or “CNC” machine), tools, or equipment to individuals who bring in raw materials, blanks, unfinished frames or receivers and/or other firearm parts for the purpose of creating operable firearms. Under the instruction or supervision of the FFL or unlicensed machine shop, the customers would initiate and/or manipulate the machinery, tools, or equipment to complete the frame or receiver, or entire weapon. The FFL or unlicensed machine shop would typically charge a fee for such activity, or receive some other form of compensation or benefit. This activity may occur either at a fixed premises, such as a machine shop, or a temporary location, such as a gun show or event.
A business (including an association or society) may not avoid the manufacturing license, marking, and recordkeeping requirements under the GCA simply by allowing individuals to initiate or manipulate a CNC machine, or to use machinery, tools, or equipment under its dominion or control to perform manufacturing processes on blanks, unfinished frames or receivers, or incomplete weapons. In these cases, the business controls access to, and use of, its machinery, tools, and equipment. Following manufacture, the business “distributes” a firearm when it returns or otherwise disposes a finished frame or receiver, or complete weapon to its customer. Such individuals or entities are, therefore, “engaged in the business” of manufacturing firearms even though unlicensed individuals may have assisted them in the manufacturing process.
Held, any person (including any corporation or other legal entity) engaged in the business of performing machining, molding, casting, forging, printing (additive manufacturing) or other manufacturing process to create a firearm frame or receiver, or to make a frame or receiver suitable for use as part of a “weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” i.e., a “firearm,” must be licensed as a manufacturer under the GCA; identify (mark) any such firearm; and maintain required manufacturer’s records.

« Last Edit: April 20, 2016, 01:24:01 PM by London808 »
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

BYKmatty

Re: building your own gun
« Reply #3 on: April 20, 2016, 11:14:19 AM »
WOW ! thank you both for your fast, knowledgeable and professional responses.  I appreciate it and the  information you have provided

suka

Re: building your own gun
« Reply #4 on: April 20, 2016, 01:57:13 PM »
A home made firearm can be "transferred" under federal law, however it cannot be "sold" for a profit.

Since you are the manufacture of the firearm, you can make up your own serial number. However, under the GCA 68'. a serial number is not required under federal laws.

suka

Re: building your own gun
« Reply #5 on: April 20, 2016, 02:02:41 PM »
Can a homemade firearm be transferred.




https://2ahawaii.com/index.php?topic=17033.0



YES






« Last Edit: April 20, 2016, 02:08:37 PM by suka »