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View Full Version : questions about making a replica out of an 80% receiver...


pacrimguru
10-18-2009, 11:56 AM
i have questions about making a replica out of an 80% lower receiver...

from what i've researched so far i have deducted that: (please correct me if i'm wrong)
1) 80% lowers do not have to be reported or registered to DOJ or ATF since they are home builds.
2) You must complete the receiver yourself.
3) You can use a completed home build for making a rifle or pistol, but if you were making a pistol it needs to be registered with DOJ.
4) Anything else anyone wants to point out?...

i've been thinking of building a "replica" of a lower that is not available to us here in CA and i wanted to know if it is legal in this manner. the replica i wanted to make is a HK416 lower. yes, i know the MR is coming out - that's besides the point. i want to try my hand at making an almost complete AR15 replica of the HK416 with markings. obviously without the FA capability.

these are my questions:
1) do you need to mark your own manufacturer markings on all types of 80% builds? (i.e., Name, City, State, Serial Number) i've read that you only need to do it with registered/reported home builds and pistols - but i'm not sure about this.
2) if so, can it be marked someplace non-traditional like just inside the magwell or forwward of the trigger at the top of the "trigger well"?
3) if i wanted to make a pretty accurate replica that included the HK416 markings on the lower, would this be illegal by causing confusion? i've read it isn't but i would like your educated opinions. let's not talk about trademark infringement, this is a personal home build that will never be sold.
4) other than your word that you completed an 80%, is there other "proof" that you need to retain in case the man doesn't believe you did it?

i'm just making sure on a few points while i contemplate starting a new time sucking project. i don't want to get in trouble for something silly. thanks for your input!

Noobert
10-18-2009, 11:57 AM
You don't need proof, and you don't need markings. You can put whatever you like on an 80

technique
10-18-2009, 12:08 PM
i have questions about making a replica out of an 80% lower receiver...

from what i've researched so far i have deducted that: (please correct me if i'm wrong)
1) 80% lowers do not have to be reported or registered to DOJ or ATF since they are home builds.
Correct
2) You must complete the receiver yourself.
True
3) You can use a completed home build for making a rifle or pistol, but if you were making a pistol it needs to be registered with DOJ.
False you don't have to reg it either way...you can voluntary reg a pistol if you want.
4) Anything else anyone wants to point out?...

i've been thinking of building a "replica" of a lower that is not available to us here in CA and i wanted to know if it is legal in this manner. the replica i wanted to make is a HK416 lower. yes, i know the MR is coming out - that's besides the point. i want to try my hand at making an almost complete AR15 replica of the HK416 with markings. obviously without the FA capability.

these are my questions:
1) do you need to mark your own manufacturer markings on all types of 80% builds? (i.e., Name, City, State, Serial Number) i've read that you only need to do it with registered/reported home builds and pistols - but i'm not sure about this.
Only if you sell it in the future then you follow 27 CFR 478.92

2) if so, can it be marked someplace non-traditional like just inside the magwell or forwward of the trigger at the top of the "trigger well"?
I would mark it visibly, but thats me. in other works not inside the magwell...remember 27 CFR 478.92 requires it be marked to a certain depth ...but thats only if you sell it anyway.

3) if i wanted to make a pretty accurate replica that included the HK416 markings on the lower, would this be illegal by causing confusion? i've read it isn't but i would like your educated opinions. let's not talk about trademark infringement, this is a personal home build that will never be sold.
4) other than your word that you completed an 80%, is there other "proof" that you need to retain in case the man doesn't believe you did it?
You don't have to prove anything...the burden of proof is always on the state...
i'm just making sure on a few points while i contemplate starting a new time sucking project. i don't want to get in trouble for something silly. thanks for your input!



I wouldn't worry so much...

pacrimguru
10-18-2009, 12:11 PM
awesome, thanks!!!

Hopi
10-18-2009, 12:13 PM
where are you going to have it deep-engraved? Do you have any ideas yet?

CHS
10-18-2009, 3:06 PM
+1 to everything that Technique said.

That's all you need to do.