Is my Firearm Legal?

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Sometimes when a firearm is purchased from an individual, and the firearm was handmade from gun parts, the owner may not realize their firearm is illegal. You need to know who originally designed it. Where the design originated. If it's outside the U.S., it may not be licensed. Foreign parts kits sold through commercial means are usually cut up machine guns, ie. Russian AK-47. If the gun would be considered legal federally, and you are authorized to own a gun you should have no problems. Now we need to talk about what would be considered legal federally.

Although it is legal to make a firearm, it is not legal to sell or distribute it. It is a class B felony to manufacture, import, sell, or transfer a handgun, short-barreled rifle, short-barreled shotgun, firearm silencer, and machine gun. Also, this includes any firearm that is made to expel a projectile by the force of an explosion. This ban on military style firearms extends to firearms with certain features that are considered to be non-sporting vs. sporting which means designed to hit a moving target.

Let's discuss the features of an illegal firearm. If it has the ability to accept a detachable magazine, contains a folding/telescoping stock, has a separate pistol grip, ability to accept a bayonet, has flash suppressors, bi pods, a grenade launcher, or has nights sights it could be considered illegal. An acceptable semi-automatic copy of a machine gun is one that has been significantly redesigned. The receiver of a firearm can't accept the original fire control components that are designed to permit full automatic fire. A redesigned semi-automatic copy of a non-sporting firearm is limited to using less than 10 particular parts which includes the list above. Otherwise, it is a violation.

Let's talk more about these illegal firearms or assault weapons as they are called. A rifle is considered an assault weapon if it has a detachable magazine with at least 2 of the following features: telescoping stock, pistol grip, bayonet mount, grenade launcher, or a flash suppressor. A shotgun is considered to be an assault weapon if it has two of the following features: telescoping stock, pistol grip, or the capacity to hold more than 5 rounds. Finally, a handgun is considered to be an assault weapon if it contains two of the following: threaded barrel made to attach a barrel extender, hand grip or flash suppressor, a barrel shroud that can be used as a handhold, or a weight of at least 50 oz when unloaded.

You are under no obligation to disclose the number or type of firearms you have manufactured for personal use provided you never gave them to another person. If you purchase a firearm that has no identification number you are not liable. If you own a firearm that you purposely obliterated or changed the identification number you could be looking at 5 years in prison. Final note, it is unlawful to purchase a firearm through mail order across state lines. If you are looking into buying a firearm make sure you go see a knowledgeable dealer at a respected gun shop.
 
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> It is a class B felony to manufacture, import, sell, or transfer a handgun, short-barreled rifle, short-barreled shotgun, firearm silencer, and machine gun.<

Really? That should come as a shock to all the gun stores out there.
 
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If you had not noticed the name of this forum is The Smith & Wesson Forum. Smith and Wesson is a major firearms manufacture and fully licensed. 99.9% of our users purchase S&W products. You are looking for the Homemade Gun Forum.

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