Homebuilding AK47s legality---

[tju1973]

I already have a good shooting WASR, but I have a friend that now has a jig to bend receiver flats-- that being said, I have a few general legal questions before I spend my money--

1) are receiver flats serialized-- ie do you need an FFL to buy them? I found a site that sells them and nowhere does it ask for an FFL to ship them to.

2) are you required to serialize them and record that you have them?

3)How does 922 affect a home built firearm--

I searched a little, but all the ATF stuff cornfused me--as they probably designed it to--

I don't want to get in trouble, but I don't want to raise a flag with the ATF asking them questions.

I am sorry I missed the cheap AK boat, but I priced everything and I can still get out for around $300 for a good AK--

Just curious!

Thanks in advance...

ps, AKs are perfectly legal in Texas, I just am more concerned with the Federal stuff-- I have no plan to ever sell it, probably just pass it on to my kids when I croak..

 

[Avenger29]

1) are receiver flats serialized-- ie do you need an FFL to buy them?

No FFL needed to buy a flat.

 

[GonHuntin]

http://www.atf.gov/firearms/faq/faq2.htm#a

A. GENERAL QUESTIONS

A6) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? [Back]

With certain exceptions a firearm may be made by a non-licensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for a Federal or State agency.

[18 U.S.C. 922(o) and (r), 26 U.S.C. 5822, 27 CFR 478.39, 479.62 and 479.105]

 

[tju1973]

It would be sporting to me, but non sporting in relation to the law..

How do build parties get away with it? Like I said, it would never be for sale, and the only way it would leave my possession is when I die and leave it to someone. It would be built from an imported parts kit, so I am prepared (if I have to) get US parts to make it 922r-- Just the wording and intent are confusing to me...getting a lawyer would make the homebuilt route expensive!

 

[Avenger29]

It would be sporting to me, but non sporting in relation to the law..

How do build parties get away with it? Like I said, it would never be for sale, and the only way it would leave my possession is when I die and leave it to someone. It would be built from an imported parts kit, so I am prepared (if I have to) get US parts to make it 922r-- Just the wording and intent are confusing to me...getting a lawyer would make the homebuilt route expensive!

You'll have to get some US made parts to cover 922 compliance, and then, viola, it does not count as a foreign made "non-sporting rifle".

Build parties simply bring together the tools and knowledge. Each person is still supposed to pay for their own parts and such and construct their own firearm.

 

[tju1973]

You'll have to get some US made parts to cover 922 compliance, and then, viola, it does not count as a foreign made "non-sporting rifle".

Build parties simply bring together the tools and knowledge. Each person is still supposed to pay for their own parts and such and construct their own firearm.

Cool-- That is sort of along the lines of what I was thinking--

So in short--

1) I can buy the receiver flat, bend it in the jig-- heat and harden it
2) Build the parts kit
3) put enough US parts to make it 922 compliant
4) shoot and enjoy

also, do I have to number it somehow? LIke make up my own sn# to make the ATF happy "just in case"--

 

[Diamondback6]

Check out the forum at www.homegunsmith.com--all the answers you could want over there.

 

[Avenger29]

Yes on your steps, but I don't know about labeling it or whatever for ATF compliance.

 

[shotgunjoel]

It would be built from an imported parts kit

A lot of the places that sell those kits say that they can't be used to make a rifle, only for spare parts. I think that is because of the 922, and I think that you would be getting around that by using enough US parts.

 

[zoom6zoom]

Lots of info at the AK forum: http://www.theakforum.net/phpBB2/
While ATF recommends it, it's not required to engrave anything on your homebuilds.
Most builders don't heat treat the entire receiver, just the ejector and the FCG holes.

 

[DMK]

A lot of the places that sell those kits say that they can't be used to make a rifle, only for spare parts. I think that is because of the 922, and I think that you would be getting around that by using enough US parts.

They say that to cover their own butts. The ATF gave the importers grief for importing complete parts kits. However, that is not your concern. There is no law that says you can't use the parts for anything you wish, including making your own firearm. I don't even think there is a law against them importing the parts, which is why they still do it. The importers just appeased the ATF with some disclaimers.

You do need to abide by NFA and 9.22r laws (and any local AWB laws) when you build the gun. However, if you use enough USA made parts then you get around the rules in 9.22r (it basically becomes a US made firearm).

 

[Megistopoda]

You do not need to serialize a receiver you build yourself, unless you sell it.

As an aside ... you can point to the numbers on the front trunnion and convince most people (if they should happen to ask) that it's already serialized. In fact, my x39 Saiga rifle (sold by an FFL) does not have a serial on the receiver ... just on that front trunnion.

 

[HankB]

So in short--

1) I can buy the receiver flat, bend it in the jig-- heat and harden it
2) Build the parts kit
3) put enough US parts to make it 922 compliant
4) shoot and enjoy

2a) Be sure of things like barrel length and overall length (some Krinkovs won't qualify)
2b) Do not build will full auto capability.