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Legality of building a weapon

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Hey guys, I've been wondering if it is legal in NJ to build your own gun (for simplicity's sake, we'll leave this at long arms).

 

I'd imagine you'd need your FID and it'd need to be fully compliant with "evil features" game. I couldn't find anything specificying the legality of building you own weapon while skimming over the NJ Gun Laws Summary thread. I see that defacing a serial number off of a gun is illegal, but it doesn't say anything about already not having a serial number. I also see that a disassembled weapon is legally considered a weapon, but possessing and FID would make that alright.

 

Under federal law, this is legal as long as the weapon is never distributed or sold to other people.

 

Any thoughts, guys?

 

PS - I'm talking about using a stripped lower that doesn't have a serial number or is considered the "main part" of the firearm since's it's just a piece of metal. Here's what I mean...

 

http://www.youtube.com/watch?v=30i_6awxEG4&list=UUH4AvY-w65ytgB16oNS4iTQ&index=4

Illegal. You are acting as a manufacturer within the state of New Jersey without the needed FFL.

 

It doesn't matter if its 1 gun or 100.

 

Building on a legally obtained complete receiver is a different matter.

Any thoughts, guys?

I think you'd be out of your mind. But, I haven't read the laws with the intent of looking for an angle where I could build my own gun.

 

What I will tell you is that a while ago I was on a quest with my son to find copper "BB's." He..my son...was active in modifying Nerf guns and he also made his own darts. Part of the modification process was to replace the plastic nerf barrel with a copper pipe..similar to what is used in plumbing...and the other part of the modification was attaching an airsoft bb's with some hot glue to the head of the dart to give it some weight. He...my son....figured that since an old fashio BB weighed more than an air soft bb his darts would go farther. Innocent enough, right?

 

Well, when I mentioned this to the guy at the gun shop his eyes lite up. And not in a good way.

 

Metal projectile in a metal barrel? You just built a gun. Hello ATF.

 

Your milage may vary...

  • Author

So it requires a license to build a gun that with a lower that's incomplete? And if I had a completed lower with a serial number and so on, that's considered legal, or no?

EBS is correct, While legal under ATF rules, making a reciever from a Forging or a Flat is NOT Lawful in NJ, as it constitutes "manufacturing" under our state laws. While you Can "Build" your rifle from an already manufactured Stripped Reciever with no issues, the Reciever MUST be papered. Now there has been some question as to whether or not you could do the machining on an 80% AR lower or Bend an AK flat in another state and assemble the rifle before bringing it here. IMO it isnt worth the chances. Stripped AR receivers run in the $120 range. an 80% lower is between $60 and $80 the Jigs necessary to FINISH the lower run between $200-$300. A transferrable Stripped AK-type receiver from nodak is Between $80 and $110 depending on model.. while a Flat is around $20, the equipment to bend and finish it will end up running you around $300. You aren't saving any money going the DIY route in the long run, unless it's a group of people pooling together for the tools. Kings..I'd take what that Guys said with a grain of salt..what your son did doesnt even fall under NJ statutes as a "Firearm' nevermind ATF regs IMO

  • Author

Thanks for clarifying, Krdshrk. Damn it, this state has zero leeway or loopholes!!! I cannot wait 'til I'm able to leave this place one day.

  • Author

Kings, that is really preposterous to me. I have no words for that BS you discovered.

 

KpdPipes, from what you just said, would you recommend building an AK from a completed receiver, converting a Saiga, or just buying a clone (NJ legal and all) in a store?

Kings..I'd take what that Guys said with a grain of salt..what your son did doesnt even fall under NJ statutes as a "Firearm' nevermind ATF regs IMO

You sure about that? Keep in mind that the Crossman BB gun we grew up with is a firearm in NJ...

 

f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or

any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three eighths of an inch in diameter, with sufficient force to injure a person.

Kings, that is really preposterous to me. I have no words for that BS you discovered.

 

KpdPipes, from what you just said, would you recommend building an AK from a completed receiver, converting a Saiga, or just buying a clone (NJ legal and all) in a store?

 

That depends entirely on your own skills and competence/confidence. As i Said a stripped Ak Reciever from Nodak is say $130-150 by the time you factor in shipping and transfer fee, depending on your FFL. A Parts kit can run you from around $300 on the low end up to who knows for some of the rarer models out there..then you have to factor in Complaince parts with 922® so you're OK Federally..and THAT part also goes with the Saiga conversion. IMO You're better off, and cheaper buying one already built if you're looking to go the AK route. There's a whole section on the Ak platform in the "Rifles" section with guys who are much more conversant with them than I am. IMO Ar's are like Legos..everything fits together and is very modular, AK's arent as user-friendly under the hood.

Kings, that is really preposterous to me. I have no words for that BS you discovered.

Modding the nerf wasn't the issue. Using a solid BB as a projectile turned it into a firearm.

 

We can debate it all day long and wind up right back where we started. The definition of a firearm is posted above. I saw enough similarity at the time to decide it wasn't worth it. And since then he's moved passed modding nerfs and now were doing the real thing. : )

 

I have to tell you...the modding stuff was pretty cool. He could get a regualr nerf gun to shoot a dart up to 50 feet.

I think you'd be out of your mind. But, I haven't read the laws with the intent of looking for an angle where I could build my own gun.

 

What I will tell you is that a while ago I was on a quest with my son to find copper "BB's." He..my son...was active in modifying Nerf guns and he also made his own darts. Part of the modification process was to replace the plastic nerf barrel with a copper pipe..similar to what is used in plumbing...and the other part of the modification was attaching an airsoft bb's with some hot glue to the head of the dart to give it some weight. He...my son....figured that since an old fashio BB weighed more than an air soft bb his darts would go farther. Innocent enough, right?

 

Well, when I mentioned this to the guy at the gun shop his eyes lite up. And not in a good way.

 

Metal projectile in a metal barrel? You just built a gun. Hello ATF.

 

Your milage may vary...

 

That's complete BS. Air powered guns are federally exempted from being considered firearms. Firearms laws at the federal level (ATF) , etc do not come into play.

 

Now here in wonderful NJ, this state DOES consider air powered guns that fit a certain definition in the statutes as firearms, completely contradicting Federal law. The federal law has been used in NJ as a defense , but of course that means you still may be arrested, and charged, etc.

 

f."Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

You sure about that? Keep in mind that the Crossman BB gun we grew up with is a firearm in NJ...

 

f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or

any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three eighths of an inch in diameter, with sufficient force to injure a person.

 

You said it fired a Nerf Date, he just replaced the barrel and weighted the darts. Nerf Darts are larger than 3/8 ergo..NOT a Firearm..although if he were to Hit someone and injure them it would be a "Weapon" under 39-4 and 39-5 but as "D" Other weapon..same as if he were to injure someone with a pencil or a rock.

You said it fired a Nerf Date, he just replaced the barrel and weighted the darts. Nerf Darts are larger than 3/8 ergo..NOT a Firearm..although if he were to Hit someone and injure them it would be a "Weapon" under 39-4 and 39-5 but as "D" Other weapon..same as if he were to injure someone with a pencil or a rock.

He wanted to weight the dart with a copper BB which is less than 3/8's.

 

It wasn't then something I was looking to debate about and certainly not something to worry about now.

 

He's moved on from Nerf and now we shoot the real stuff.

 

Reloading comes next.

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