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When it comes to law and guns, don't be wrong. One oops and you're in prison for 10 years. On some guns there's a lower and upper receiver, in which case you c
by ctdonath 14y ago
When it comes to law and guns, don't be wrong. One oops and you're in prison for 10 years.
On some guns there's a lower and upper receiver, in which case you can make the lower without the license. Make the upper without a license and you're in trouble.
Not in the USA. Here, the "lower receiver" (at least for the AR15, the quintessential semiautomatic rifle most presume for this discussion and what DD is making) is the gun. Uppers you can freely make; lowers you can make in small quantities so long as there is no indication you'll sell them as a business.
[Silencers] are easy enough to make and you don't need the license to make
OH YES YOU DO. It's a $200 manufacturing tax per item, background check, Chief LEO signature, and related paperwork before you start making one. This is one of those things that WILL get you 10 years in prison fast.
HN being an international phenomenon, your jurisdiction may vary greatly in both legality and severity of punishment for violations.
- Pinckney 14y agoI think what he means is that you don't need to be a class 2 SOT to manufacture silencers (as you would to manufacture machine guns, for instance). You still need to fill out a Form 1 and jump through the other hoops, but there's no "license" required beyond the usual tax stamp. http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#authorized-manufacture http://www.atf.gov/firearms/faq/national-firearms-act-firear...
- ctdonath 14y agoLicense, tax, label may be strictly different under exacting law but the point is you have to pay and get permission to make one. As phrased, he sounded like you didn't.
- Zimahl 14y agoI don't have an AR but I assumed that because the cartridge flows from the lower receiver and is chambered in the upper that the upper was what was the ATF definition of a gun. My mistake, I got them backwards. The lower is what needs the background check through an FFL. I guess I also didn't read the law correctly with respect to a silencer. I figured since it's illegal to possess without the proper paperwork you couldn't make one anyways since one you completed it you were immediately guilty. I didn't realize there is a separate law covering the process of building one but I guess I should've since guns require a manufacturing license.
- ctdonath 14y agoDon't assume anything when it comes to gun laws. Two simple examples should make the point: - In New York (and many other jurisdictions) law, a rifle is not a firearm. - In US law, "armor piercing" as defined has nothing to do with the capability of piercing armor. Not kidding.
- Zimahl 14y agoBut the Feds define a rifle as a firearm so does it matter what the NY law defines? Unless they are defining it as something that is much more strict, which, as draconian as the gun laws are in NY, that wouldn't surprise me.
- ctdonath 14y agoMy point was to not make statements about gun laws unless you in fact know the law, and to demonstrate how common wisdom can be very legally wrong. Wanna make it a serious matter? A "sawed off shotgun" is legal if made one way, and 10 years prison time if made another - identical parts used either way.
- jonmrodriguez 14y agoSince your comment at the top of this thread is the top-voted, I suggest you please edit it lest the false information land a non-careful reader in jail.
- Zimahl 14y agoI would but as of right now I am unable to edit my own comments. shrug
- bmelton 14y agoThere are some guns for which the upper receiver is the controlled part though. FALs, SCARs, etc consider the upper the controlled part, while the FNC is in the curious position of being sometimes upper, sometimes lower, all depending on where the manufacturer decided to stamp the serial number. In short, there's no logical reason that the lower is considered the firearm over the upper, except that's what the ATF defined it as... more reasons not to ever assume anything. :-)