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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
[#1]
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
[#2]
Quoted:
...
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.
...
View Quote


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
[#3]
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