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Posted: 1/23/2002 7:41:23 PM EDT
I'm sure this has been gone over several times, but here it goes again: Is there a legal requirement to file any paperwork, such as an ATF Form 1, for the manufacture of an AR-15 type lower receiver from a forging or casting, by a civilian, not a manufacturer, and for his or her own private use only? Here is a cite from the Code of Federal Regulations that will usually be quoted, but note that this refers to MACHINEGUNS specifically in the title: I am of the opinion that this is NOT the relevant regulation in this instance, since the resulting firearm would not be a machinegun nor would it be assembled in a configuration prohibited by the assault weapons ban of 1994. Any informed opinions? CJ Text of regulation to follow: TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY PART 179--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS--Table of Contents Subpart E--Tax on Making Firearms Sec. 179.62 Application to make. No person shall make a firearm unless the person has filed with the Director a written application on Form 1 (Firearms), Application to Make and Register a Firearm, in duplicate, executed under the penalties of perjury, to make and register the firearm and has received the approval of the Director to make the firearm which approval shall effectuate registration of the weapon to the applicant. The application shall identify the firearm to be made by serial number, type, model, caliber or gauge, length of barrel, other marks of identification, and the name and address of original manufacturer (if the applicant is not the original manufacturer). The applicant must be identified on the Form 1 (Firearms) by name and address and, if other than a natural person, the name and address of the principal officer or authorized representative and the employer identification number and, if an individual, the identification must include the date and place of birth and the information prescribed in Sec. 179.63. Each applicant shall identify the Federal firearms license and special (occupational) tax stamp issued to the applicant, if any. The applicant shall also show required information evidencing that making or possession of the firearm would not be in violation of law. If the making is taxable, a remittance in the amount of $200 shall be submitted with the application in accordance with the instructions on the form. If the making is taxable and the application is approved, the Director will affix a National Firearms Act stamp to the original application in the space provided therefor and properly cancel the stamp (see Sec. 179.67). The approved application will be returned to the applicant. If the making of the firearm is tax exempt under this part, an explanation of the [[Page 1013]] basis of the exemption shall be attached to the Form 1 (Firearms). [T.D. ATF-270, 53 FR 10508, Mar. 31, 1988]
Link Posted: 1/23/2002 7:49:18 PM EDT
There is no fed requirement to file anything. You may not make a new machine gun or assault weapon. Other than that, the fed's don't care what you make for your own use. State law may differ. Norm in NJ
Link Posted: 1/24/2002 8:11:13 AM EDT
Originally Posted By cmjohnson: ... I am of the opinion that this is NOT the relevant regulation in this instance, since the resulting firearm would not be a machinegun nor would it be assembled in a configuration prohibited by the assault weapons ban of 1994. ...
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You are right on the money. That code doesn't apply to ordinary rifles, pistols, or shotguns.
Link Posted: 1/24/2002 11:28:39 AM EDT
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