alt Hacker NewsIt's not illegal to make your own firearm, you just can't sell it.
Replies
I’d be careful with that. Much as I think we should regulate firearms, I despise how the Constitution’s interstate commerce clause has been horribly abused to cover intrastate ownership. See, by making your own gun, you didn’t import one from another state, so therefore the Feds should be involved because it involves interstate commerce now.
For example[0]:
> Filburn was penalized under the Act. He argued that the extra wheat that he had produced in violation of the law had been used for his own use and thus had no effect on interstate commerce, since it never had been on the market. In his view, this meant that he had not violated the law because the additional wheat was not subject to regulation under the Commerce Clause.
…
> The Court reasoned that Congress could regulate activity within a single state under the Commerce Clause, even if each individual activity had a trivial effect on interstate commerce, as long as the intrastate activity viewed in the aggregate would have a substantial effect on interstate commerce.
So don’t assume that just because it never crosses state lines that it escapes federal law, however utterly freaking ridiculous that may be.
Dexter Taylor is serving 10 years for doing so in NYC without a license[]. The guns were never used or even left his home, and he is not otherwise involved in crime.
Also in NY it's illegal to make an unserialized firearm. I have no idea what the serialization requirements are there, but what California did was require you report them to DROS.
Also, federally, not legal advice -- but I'm not aware there's any law against selling it. You just can't manufacture it for the purpose of sale or transfer. If it is incidentally sold later it's just like any other firearm without a serial number that's also legal (namely those manufactured commercially before the GCA, or those manufactured non-commercially by private persons after the GCA). I've seen the claim "can't transfer or sell it" over and over on all kind of gun forums etc but no one has ever been able to point where that is blanket illegal.
If I recall correctly, this is state-dependent. Some states just say you can't sell it, some require you to serialize anything you make even if you won't sell (the process of serialization isn't specified), and some ban self-made firearms completely. If you cross state lines with something you've made, you need to make sure you're following laws in both states just to be safe.