Contrary to popular belief, it is perfectly legal to make your own firearm under federal law (with a few exceptions, of course). If it is lawful for you to go to a gun store and purchase and possess a particular firearm, then it is perfectly legal for you to make that same firearm yourself at home. It is up to you to determine whether you may lawfully posses a particular firearm. The guidance in this article pertains only to federal law – if you are unsure about the laws of your particular state, reach out to a lawyer in your state to confirm whether your plan is legal under state law.
Intent to Sell
Under federal law, you need a manufacturing Federal Firearms License (FFL) if you are making a firearm with an intent to sell it or if you are “engaged in the business” of manufacturing or selling firearms. If, however, you are not engaged in the business of making and selling firearms and you are making it without intending to sell it then you are allowed to make your own firearm at home. Interestingly, if you later decide to sell your homemade firearm, you are also allowed to do so under federal law. Wait, what? Thats, right. An FFL is only required if you acquire (make or purchase) a firearm with the intent to sell it or if you are “engaged in the business” of making or selling firearms. Be careful here – there can be a fine line between selling guns you no longer want and being “engaged in the business.” If you are unsure if you need an FFL, ask.
The Gun Control Act of 1968 (GCA) and its implementing regulations require manufacturer FFLs to mark firearms with certain markings before they may be sold in commerce.
More to follow. . .