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Gun Control Act (GCA) of 1968

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  • surreptitious
    Member
    • Jul 2013
    • 346

    Gun Control Act (GCA) of 1968

    ok, everybody that has either made or been interested in making a gun is familiar with the FAQ on the ATF's website.

    Here is the link to the full GCA of 1968

    My question is, does anybody now what page, section and subsection it states that an unlicensed individual may make a firearm?

    I appreciate your assistance!!!


    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson
  • #2
    zhyla
    Banned
    • Aug 2009
    • 2017

    I don't know, but I suspect it doesn't say that, it just doesn't say you can't. That's usually the way laws work; everything is presumed legal until written otherwise.

    Comment

    • #3
      surreptitious
      Member
      • Jul 2013
      • 346

      Originally posted by zhyla
      I don't know, but I suspect it doesn't say that, it just doesn't say you can't. That's usually the way laws work; everything is presumed legal until written otherwise.
      interesting.


      "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

      Comment

      • #4
        welchy
        Senior Member
        • Apr 2009
        • 1282

        Originally posted by surreptitious
        interesting.
        Not really. That's how laws work. They say what is illegal not what is legal.

        Comment

        • #5
          surreptitious
          Member
          • Jul 2013
          • 346

          why did the ATF feel it necessary to put that question and answer it on their website?


          "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

          Comment

          • #6
            welchy
            Senior Member
            • Apr 2009
            • 1282

            Because people kept asking it would be my guess

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44686

              18 USC 921 (a)(10)
              (10) The term “manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term “licensed manufacturer” means any such person licensed under the provisions of this chapter.
              If one is not "engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution" one is not bound by restrictions laid on manufacturers who ARE engaged in the business.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                surreptitious
                Member
                • Jul 2013
                • 346

                thank you all!


                "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

                Comment

                • #9
                  sigstroker
                  I need a LIFE!!
                  • Jan 2009
                  • 19845

                  There is a Safe Handgun roster in California.

                  Comment

                  • #10
                    TheDigitalPicasso
                    Senior Member
                    • Dec 2012
                    • 1725

                    Originally posted by jukyu-juichi
                    Librarian,

                    Help me out here, I feel like a dummy in a room full of scholars.

                    I asked about manufacturing my own firearms a few days ago and seems that per Penal Code 32000, any semi-automatic handgun would be out.

                    If I understand your comment above, this would apply to rifles only? IOW, this same section wouldn't apply if you were making handguns for personal use, correct?
                    If you make it into a single shot yes but the. You can convert it to a semi-auto. Same way as you would do a Ar15 pistol lower.

                    Comment

                    • #11
                      surreptitious
                      Member
                      • Jul 2013
                      • 346

                      good questions. Although, they may be answered some where else on here


                      "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

                      Comment

                      • #12
                        ArcherDog
                        Senior Member
                        • Feb 2012
                        • 808

                        SSE is only a way for a licensed dealer to sell a gun that is otherwise not authorized to be sold in California. The Federal government doesn't care how many shots your handgun might be able to fire. If you could legally acquire or mill/manufacture the parts to assemble an off-roster gun, you wouldn't need to SSE the weapon first, you can build it as it was meant to be.
                        Ian Lindsay
                        Tracy, CA

                        Comment

                        • #13
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44686

                          Originally posted by jukyu-juichi
                          This is the part I guess I don't understand. If you build a single shot it will fall under the SSE, and then convert it over to semi-auto. How would I prove I built it as an SSE once it's converted over to a semi-auto ?

                          JUst seems that as far as personal use, I should be able to make what I can buy. What I mean by that is I can go buy a semi-auto from an FFL as long as it's on the roster. I realize that the roster tosses a twist into it.

                          I just don't understand how one can sidestep this entire process by making a single shot and convert it to a semi-auto. That doesn't seem kosher per Cali laws.

                          Is there a way to file a Firearm Ownership Record when it's a single shot? How does that work?
                          So, you have to start with what is illegal.

                          PC 32000

                          (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
                          and then look at the exceptions - PC 32100

                          (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:

                          (1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

                          (2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.

                          (3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.

                          The interesting part is 32100(b), which I have reformatted above.

                          If one follows 32100(b), one is exempt from the prohibition of 32000; that's what 32100(b) says. The Legislature put that in with the rest of that article. I have no idea what they had in mind, and I suspect neither did the writer of that part.

                          A very cautious person could photograph the steps of the build to document adherence to the law. AFAIK there is no way to file any 'official' documents.
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                          Comment

                          • #14
                            strongpoint
                            Veteran Member
                            • Dec 2010
                            • 3115

                            Gun Control Act (GCA) of 1968

                            Originally posted by jukyu-juichi
                            How do they regulate that? IOW, what are the legal ramifications of enabling the SSE into a semi-automatic? That must be legal in regard to having the firearm in your possession, but it all seems like loopholes.

                            If the state came back down the road and said, "you manufactured a SSE" and the firearm was then semi-automatic, how does that work?
                            there's nothing preventing you, the owner of a firearm, from modifying it as you see fit (as long as you stay within the law).

                            once you've manufactured (or purchased) a firearm legally, you're free to alter its configuration. that's the heart of how SSE works.
                            .

                            Comment

                            • #15
                              Merc1138
                              I need a LIFE!!
                              • Feb 2009
                              • 19742

                              Originally posted by jukyu-juichi
                              How do they regulate that? IOW, what are the legal ramifications of enabling the SSE into a semi-automatic? That must be legal in regard to having the firearm in your possession, but it all seems like loopholes.

                              If the state came back down the road and said, "you manufactured a SSE" and the firearm was then semi-automatic, how does that work?
                              Works the same way any other SSE firearm does. Notice how you never see people with 12" barrels on gen 4 glocks feeding single rounds at a time through the ejection port at the range? You start with it single shot, then make it semi auto later. Regarding your question about how they regulate it, they don't. It's not something that is enforceable unless they catch someone manufacturing it without going through the SSE process, which would be incredibly stupid to skip since it takes all of 2 minutes to make it semi auto after the fact.

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