View Full Version : Laws about building your own gun?
Scope
01-28-2006, 11:29 AM
Hi all, I am new to the forums. My knowledge of certain gun laws is limited and I am looking for a little help. I know all of the usual stuff about purchasing one every 30 days, traveling with guns in a locked container, etc. But what about building guns? I have an old AO 1911 that I have thought about doing my own hand work on. How much can I do before it is no longer considered the same gun? I have also thought about trying to make one (almost) from scratch, like machining my own frame. Is it legal to do this?
McMadCow
01-28-2006, 11:37 AM
I really doubt it. New handguns in Kali need to pass the state's ridiculous drop test. And of course this year new handguns need to have a loaded chamber indicator as well. There is an online gun retailer in Modesto that carries 1911 frames but can only sell them out of state. I think you're SOL. At least, if you ever want to register it...
MadMex
01-28-2006, 03:04 PM
Buy only the frame for a handgun that has passed the Kali drop test and been blessed by the DOJ, then build it up as you see fit.
shopkeep
01-28-2006, 03:06 PM
I believe it is actually legal to machine your own 1911 frame and build your own handgun. As long as it is registered with the DOJ and is _NOT_ intended for sale then you are ok. I wouldn't fool around with attempting to build your own AR or AK though... you're sure to get in BIG TROUBLE for that. But if you're just talking about a 1911 or something of that nature you should be OK. Consult a knowledgeable attorney prior to building it though just to be sure.
I believe it is actually legal to machine your own 1911 frame and build your own handgun. As long as it is registered with the DOJ and is _NOT_ intended for sale then you are ok. I wouldn't fool around with attempting to build your own AR or AK though... you're sure to get in BIG TROUBLE for that. But if you're just talking about a 1911 or something of that nature you should be OK. Consult a knowledgeable attorney prior to building it though just to be sure.
You guys are wrong and this topic has been done to death, but since Scope is new and probably does not know about the Search button (yes, there is one of those on the right hand upper corner) here ya go: http://www.calguns.net/calgunforum/showthread.php?t=21511&highlight=building+1911
fun2none
01-28-2006, 05:48 PM
C.G. is correct. Topic has been addressed. Bottom line is that you can NOT build an unsafe (as per the law, tested and certified by a lab) handgun unless it's a single action revolver or single shot pistol.
Forget about manufacturing your own 1911 as hobby project.
icormba
01-29-2006, 09:55 PM
The term "manufacturing" is applied to the intent to make something in quantity, large or small, for distribution.
There is NO law in the State of California that says you cannot make your own gun for your own use. The hard part is trying to send in the volunteer registration paperwork...
http://caag.state.ca.us/firearms/forms/pdf/volreg.pdf
i.e. what you would put down for Manufacturer? Maybe leave it blank since it wasn't manufactured? But would the DOJ reject it?
"Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement."
fun2none
01-29-2006, 11:07 PM
Tim Riegert, the former assisant director DOJ Firearms division said differently. I asked several times if its ok to build a handgun for personal use. He said "don't build an unsafe (non-certified) handgun".
I suggest that one obtain the DOJ's written opinion with respect to building non-certified handguns for personal use.
bwiese
01-29-2006, 11:36 PM
PC 12125 'unsafe handgun' laws apply here.
Don't make one unless it's a compliant single-action revolver or (beginning 2006) compliant single-shot pistol.
While there are no standards for term 'manufacturing' it could readily be regarded as 'creation'.
Fun2none is right - DOJ's (former) Assistant Director Tim Rieger (with Dir Randy Rossi standing beside him, nodding in agreement) addressed this in a Q/A session at an NRA Members Council dinner. Tim's an attorney and knowledgeable about guns and I would take this as the final word, esp given the readily ascertainable wording in PC 12125.
icormba
01-30-2006, 12:36 AM
Did you guys ask Tim if it was legal to build a pinned mag AR from an unlisted receiver at that same meeting? Of coarse he would say no to either question.
Ok, so looking at the law again and comparing it to Fed law... I could go out of state, build my own handgun, then bring it back in, and have it registered for my own use.
Again... I DO NOT plan on doing this! just saying.
"Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement."
leelaw
01-30-2006, 08:03 AM
What about an 80% built up (ur just merely cut the rails to make it 100%) before 2000? Is there a set window of when you were supposed to send in the registration?
triaged
01-30-2006, 09:51 AM
What about an 80% built up (ur just merely cut the rails to make it 100%) before 2000? Is there a set window of when you were supposed to send in the registration?
As far as I know the "Registration" was a suggestion.
fun2none
01-30-2006, 11:18 AM
As far as I know the "Registration" was a suggestion.
AB491 might provide enough incentive to register you legal home-built single-action/single-shot pistol.
triaged
01-30-2006, 11:39 AM
AB491 might provide enough incentive to register you legal home-built single-action/single-shot pistol.
Interesting...at the bottom of the page.
http://www.gunlaw.com/transportation.phtml
leelaw
01-30-2006, 01:01 PM
Interesting...at the bottom of the page.
http://www.gunlaw.com/transportation.phtml
"Under AB491, you can be charged with a felony if your vehicle contains an unlawfully concealed handgun that i s not listed in your name in the AFS (the California Automated Firearms System database record created when you purchase a handgun and go through the 10 day waiting period) and there is ammunition for that handgun either in your "immediate possession" or "readily accessible" to you. AB491 does not define "immediate possession" and "readily accessible" and it will be likely be years before they are defined by an appellate court."
I presume that is what you are referring to?
So it would appear that you would only need to be worried if you are unlawfully transporting it (not unloaded in a locked container).
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