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Need help settling debate regarding building an AK from a flat.

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  • Digital_Boy
    Senior Member
    • Dec 2008
    • 910

    Need help settling debate regarding building an AK from a flat.

    I know this would generally be better suited for the 2A forum or maybe the Gunsmithing forum, however, the question being debated is this: I mentioned to a friend my intent to (eventually) get the rest of the necessary pieces needed to "roll my own" AK type rifle from a pre-cut flat (I have a bending jig, so far). He claims a "cop friend" told him that it's flat out illegal to build an AK from a flat unless you're "licensed to manufacture guns", i.e. an FFL07. Period.

    Now, being as how Calguns has a fairly large number of active and retired LEOs participating in the forums, many of whom I'm sure have at one point or another at least skimmed over the numerous AK build party threads, coupled with a remarkable lack of warnings by "The Right People" to not engage in such activities, leads me to believe that whomever my acquaintance is getting his info from is either misinformed, or misunderstanding the law. He did also mention that his LEO friend was also his FFL of choice, so there might be some bias there to protect business interests.

    The crux of my argument is this: if a non-prohibited individual who is not an FFL07, purchases a flat, parts kit, magazine lock/"bullet button", and other ancillary parts to assemble a functional semi-automatic AK pattern longarm that complies with the CA AWB features list (i.e. has a pistol grip, is 30" long or more in it's shortest configuration, and is equipped with a magazine release that requires a tool to actuate) and does all the assembly procedures themselves, possibly with the oversight, guidance and intermittent assistance of a more experienced individual to ensure they perform said steps correctly and safely, and permanently engraves a manufacturers name and serial number of their choosing per BATFE guidelines (appropriate font size and marking depth) on the receiver, that this person has not committed a felony, misdemeanor or infraction of any kind, and is now the lawful possessor of a semi-automatic centerfire long arm for their own personal use.

    If the preceding paragraph is true, what case law cites or penal code cites would I need to cite to back my argument? Or which PC/case law should I ask his source to cite as his basis of claiming illegality? I'm operating on the assumption that his source is well meaning but uninformed or under-informed in this area of law.

    The friend is a good guy, very knowledgeable about metalworking, black smithing, machining and such, and something of a closet gunny. I'd like to bring him the equivalent of the 10 commandments to let him review on his own to show him that his LEO friend has been feeding him FUD, and maybe even educate his friend too.
    Originally posted by sierratangofoxtrotunion:

    Alcohol Tobacco and Firearms should be a convenience store, not a government agency.
  • #2
    Arisaka
    Senior Member
    • Dec 2010
    • 2153

    Your friend is misinformed. I'll post an ATF letter unless someone beats me to it.
    PRO PELLE CUTEM
    "Indeed, I tremble for my country when I reflect that God is just: that his justice cannot sleep forever"- Thomas Jefferson, 1785
    Originally posted by bwiese
    Gold standard is for idiots.
    Originally posted by J.P.Morgan
    Money is gold, and nothing else.

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    • #3
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44092

      It is 100% illegal to manufacture a firearm intended for sale unless you are an 07FFL. It is 100% legal for you to manufacture a firearm intended for your own personal use as long as that firearm is 100% legal for you to have. You might want to tell your friend that he is misinformed. Most people, including LEOs, don't have a clue about the legality of homebuilt firearms. It's a very small percentage of gun owners who actually manufacture their own firearms. So, most partrol officers have no reason to learn or know about something so obscure. Now, if you really want to get his panties into a bunch, tell him that you're planning to make an AK style pistol without any serial number and you are not going to register it either. Of course, both are completely legal but again, try convincing your average citizen/LEO of that.
      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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      Comment

      • #4
        Notorious
        Veteran Member
        • Sep 2008
        • 4695

        It's really not much different than milling your AR lower from a 80% lower and doing all the necessary steps.
        I like guns

        Comment

        • #5
          Josh3239
          Calguns Addict
          • Dec 2006
          • 9189

          The whole point of the Federal Firearms Licenses is for regulating the firearms business. If you aren't a business you don't get an FFL. The ATF has been very clear that FFLs, particularly 01s and 07s, are not for building collections but for business.

          The Penal Code doesn't tell you what you can do, it tells you what you can't do. Tell your friend to tell you where it says you cannot do it. Of course he can't because it isn't there.





          Sec. 922. Unlawful acts

          (a) It shall be unlawful--
          (1) for any person--
          (A) except a licensed importer, licensed manufacturer, or
          licensed dealer, to engage in the business of importing,
          manufacturing, or dealing in firearms, or in the course of such
          business to ship, transport, or receive any firearm in
          interstate or foreign commerce; or

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