Crude manufactured firearms

[Raybud]

While looking at the ATF's list of what are considered AOW's, I saw what were referred to as "crude manufacture" weapons. An acquaintance of mine has a pistol his father built when he was a kid out of a .22 rifle, which would appear to qualify. It looks like he could legally possess it if he registered it with the ATF. I'm confused, however, about the $200 tax vs. the $5 transfer tax? Clarification?

 

[Shadow 7D]

Um, no, you can make a pistol into a rifle, but a rifle is always a rifle, so even cut down, he was to register it, period, what I believe they are referring to is is zip guns.

 

[General Geoff]

I'm confused, however, about the $200 tax vs. the $5 transfer tax? Clarification?

$200 to make an AOW, $5 to transfer an existing AOW.

 

[Sam1911]

If the receiver of the rifle was used to make a pistol, then this falls directly into the NFA language of TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5845 > subsection 4 which says:

(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

So, by that literal definition, it IS an NFA Title II firearm. (Of course, if he just used the barrel, but made the receiver from scratch, that would be fine if all other NFA restrictions are avoided.)

Now, the ATF has this cheerful bit of news for your friend:

Q: May a private citizen who owns an NFA firearm which is not registered have the firearm registered?

No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere possessors may not register firearms. An unregistered NFA firearm is a contraband firearm, and it is unlawful to possess the weapon. The possessor should contact the nearest ATF office to arrange for its disposition.

[26 U.S.C. 5861(d)]

Long story short -- as a private citizen (not an SOT2 manufacturer) you ALWAYS have to file your "Form 1" BEFORE making the NFA-regulated firearm. You have to have the canceled tax stamp in your possession before you cut down the barrel, or whatever you're planning to do.

If you do it before registering it (or if your pal's dad did it YEARS ago) then it is illegal and cannot be made legal at all.

 

[Raybud]

Sam, you're not making me happy. I do, however, appreciate your assistance.

 

[Sam1911]

Sam, you're not making me happy. I do, however, appreciate your assistance.

Want me to make you unhappier?

Q: What can happen to someone who has an NFA firearm which is not registered to him?

Violators may be fined not more than $250,000, and imprisoned not more than 10 years, or both. In addition, any vessel, vehicle or aircraft used to transport, conceal or possess an unregistered NFA firearm is subject to seizure and forfeiture, as is the weapon itself.

[49 U.S.C. 781-788, 26 U.S.C. 5861 and 5872]

If a any law enforcement officer saw the gun and had any reason to think it was a cut-down rifle (like because it looks like a home job or he recognizes the receiver type), he could ask to see the Form 1 with tax stamp. Not being able to produce the tax stamp would put your pal in a world of misery.

 

[Shadow 7D]

You might want to see if your local department has an amnesty program, (as in you can drop it off no questions asked, or you get a nice receipt that says they will not prosecute and will defend you if anyone else trys to) Cause it really ain't worth it in the end, even if it's nice, much better to do it correctly than get chewed by the machine.

 

[WardenWolf]

Best thing I can recommend to him is to "unmake" the weapon. As in, disassemble it completely and dispose of it. That's the safest bet.

 

[Cosmoline]

I agree with WardenWolf. If he has a handgun made from a rifle it needs to be destroyed post haste. Don't just throw it away, DESTROY it then throw it away in some body of salt water.

 

[WardenWolf]

Well, simply disposing of the barrel and stock would legalize what's left. Those can be disposed of in fairly conventional manners.