Legality of manufacturing your own 1911

sigshepardo · March 30, 2013, 09:50 PM

Is it legal to manufacture your own 1911 frame and slide in your own shop? Then assembling the rest of the pistol with U.S. made parts?

James K · March 30, 2013, 09:58 PM

As far as federal law is concerned, nothing at all if you are making it for your own use. BATFE does recommend that you put on some kind of serial number, like your initials and the number 1, but there is no law requiring that.

If you make the gun with the intent to sell/transfer it, or are going into the business of making guns, then you need a manufacturer's license.

Jim

Rifleman1776 · March 31, 2013, 05:36 AM

I have a friend that has made two 1911s. He made every part. One has standard sights, the other target sights. They are beautiful, I would like to have them.

Surgeon · March 31, 2013, 12:49 PM

If you have the right licenses, then no.

If you do not have a Class 7 firearms license then the answer would most undoubtedly be, yes, very illegal.

guncrank · March 31, 2013, 05:14 PM

No as jK said it is not illegal to make your own 1911, no license is required.

guncrank · March 31, 2013, 05:16 PM

I have a friend that has made two 1911s. He made every part. One has standard sights, the other target sights. They are beautiful, I would like to have them.

Cool but sadly he could not even gift them to you.

**4V50 Gary** · March 31, 2013, 05:36 PM

So long as its for oneself and does not enter into the stream of commerce, yes, it is legal to build one from scratch.

ScottRiqui · March 31, 2013, 05:49 PM

Quote:

Cool but sadly he could not even gift them to you.

I don't believe that's the case. While a nonlicensee cannot manufacture firearms expressly for sale, The ATF makes allowances for the later transfer of a firearm built by a nonlicensee.

This thread on another site has the text of a letter to the ATF on the topic, as well as the ATF's response.

**Aguila Blanca** · March 31, 2013, 08:26 PM

Quote:

So long as its for oneself and does not enter into the stream of commerce, yes, it is legal to build one from scratch.

This is incorrect. The only regulated part of a 1911 is the receiver, and there is a small market out there for "80%" receivers. As long as you perform the final 20 percent of the work, you can purchase a partially-completed 1911 receiver and finish it off yourself. Exactly the same as 80% AR lower receivers. All other parts for the 1911 can be bought in finished form, or you can make them yourself if you're masochistic.

No serial number is required but, as noted above, the BATFE "recommends" that you put one on. And a home-built 1911 CAN enter the "stream of commerce." You can't make it with the intent of selling it, but if you make it this year and five years from now find that you're not using it and don't have any further interest in it -- you can sell it. And you can give it away or bequeath it to someone in your will.

guncrank · March 31, 2013, 10:01 PM

Quote:
So long as its for oneself and does not enter into the stream of commerce, yes, it is legal to build one from scratch.
This is incorrect. The only regulated part of a 1911 is the receiver, and there is a small market out there for "80%" receivers. As long as you perform the final 20 percent of the work, you can purchase a partially-completed 1911 receiver and finish it off yourself. Exactly the same as 80% AR lower receivers. All other parts for the 1911 can be bought in finished form, or you can make them yourself if you're masochistic.

No serial number is required but, as noted above, the BATFE "recommends" that you put one on. And a home-built 1911 CAN enter the "stream of commerce." You can't make it with the intent of selling it, but if you make it this year and five years from now find that you're not using it and don't have any further interest in it -- you can sell it. And you can give it away or bequeath it to someone in your will.
*

No that is correct

speedrrracer · April 1, 2013, 11:37 AM

Yes, making your own is completely legal. As has been said, if you get into the commercial side, then a ton of laws come into play, but if you just want to make one for yourself, it's no problem.

Here's a company selling the 80% receivers you can finish:

http://aresarmor.com/store/Item/rudius1911

Chaz88 · April 1, 2013, 12:03 PM

Quote:

Here's a company selling the 80% receivers you can finish:

http://aresarmor.com/store/Item/rudius1911

Took a look. Out of stock. Time to restock 4 weeks to 9 months. In 9 months I think I could whittle one out with a set of hand files.

amathis · April 1, 2013, 02:31 PM

Go for it!

Chaz88 · April 1, 2013, 05:05 PM

Quote:

Go for it!

I might!... Just after I trade my files in for a Bridgeport mill.

Hunter Customs · April 2, 2013, 08:26 AM

Quote:

I might!... Just after I trade my files in for a Bridgeport mill.

Smart move, I recall the days of doing sight cuts with files along with numerous other things, that was before I had a mill.
I'll take the mill over files anyday.

Best Regards
Bob Hunter
www.huntercustoms.com

RedBowTies88 · April 2, 2013, 08:40 AM

Be careful and check with local laws before you proceed.

Federally it is legal to do so but I know in NJ it is 100% illegal, and I'm willing to wager we're not the only draconian state with such laws.

**Tom Servo** · April 2, 2013, 10:47 AM

Quote:

Federally it is legal to do so but I know in NJ it is 100% illegal

Do you have a link to the New Jersey law?

RedBowTies88 · April 2, 2013, 11:08 AM

http://www.njsp.org/info/pdf/firearm...tle13-ch54.pdf

It's subsection 4 that has the manufacturing laws.

I know when you read it that it sounds as though it would only apply to corperations and people looking to wholesale. But in reality it applies to all citizens of the state.

I'm currenty looking for some cases.. I know i've seen 1 or 2 before where private citizens were brought up on charges for manufacturing guns for personal use I just need to locate them.

**Tom Servo** · April 2, 2013, 11:24 AM

Actually, it's fairly clear:

Quote:

13:54-4.2 Registration required
No person shall manufacture or sell at wholesale any firearm or part of a firearm unless he has been registered by the Superintendent under the provisions of this chapter.

Thanks. I was unaware of this.

RedBowTies88 · April 2, 2013, 11:53 AM

No problem Tom,

Like I said I would be quite suprised if NJ was the only state where this scenario exists.... but then again NJ is known for that sort of thing when it somes to gun laws.

Willie Sutton · April 2, 2013, 12:31 PM

"Federally it is legal to do so but I know in NJ it is 100% illegal, and I'm willing to wager we're not the only draconian state with such laws"

That's a fact.

30 years ago I was arrested in NJ and charged by ther NJSP with manufacturing a firearm without a license for *assembling* parts into an AR-15 reciever that I purchased *as a firearm* at my local FFL dealer.

NJ State Law defines "manufacture" differently than the BATFE. They define it based on "operability" not based on the serialized part having been already sold to an individual.

In end I "beat the rap" but it was only barely....

Willie

.

March 30, 2013, 09:50 PM	#1
sigshepardo Senior Member Join Date: July 18, 2011 Location: Indiana Posts: 150	Legality of manufacturing your own 1911 Is it legal to manufacture your own 1911 frame and slide in your own shop? Then assembling the rest of the pistol with U.S. made parts?

March 31, 2013, 05:14 PM	#5
guncrank Senior Member Join Date: July 15, 2006 Location: Fern Creek ,KY and Metro Louisville at large Posts: 430	No as jK said it is not illegal to make your own 1911, no license is required. __________________ Republic Arms and Armaments 07 1-502-231-1118 Machine Shop and Finishing Services to the trade and public

March 31, 2013, 05:16 PM	#6
guncrank Senior Member Join Date: July 15, 2006 Location: Fern Creek ,KY and Metro Louisville at large Posts: 430	I have a friend that has made two 1911s. He made every part. One has standard sights, the other target sights. They are beautiful, I would like to have them. Cool but sadly he could not even gift them to you. __________________ Republic Arms and Armaments 07 1-502-231-1118 Machine Shop and Finishing Services to the trade and public

March 31, 2013, 05:36 PM	#7
4V50 Gary Staff Join Date: November 2, 1998 Location: Colorado Posts: 21,843	So long as its for oneself and does not enter into the stream of commerce, yes, it is legal to build one from scratch. __________________ Vigilantibus et non dormientibus jura subveniunt. *Molon Labe!*

March 31, 2013, 10:01 PM	#10
guncrank Senior Member Join Date: July 15, 2006 Location: Fern Creek ,KY and Metro Louisville at large Posts: 430	Quote: So long as its for oneself and does not enter into the stream of commerce, yes, it is legal to build one from scratch. This is incorrect. The only regulated part of a 1911 is the receiver, and there is a small market out there for "80%" receivers. As long as you perform the final 20 percent of the work, you can purchase a partially-completed 1911 receiver and finish it off yourself. Exactly the same as 80% AR lower receivers. All other parts for the 1911 can be bought in finished form, or you can make them yourself if you're masochistic. No serial number is required but, as noted above, the BATFE "recommends" that you put one on. And a home-built 1911 CAN enter the "stream of commerce." You can't make it with the intent of selling it, but if you make it this year and five years from now find that you're not using it and don't have any further interest in it -- you can sell it. And you can give it away or bequeath it to someone in your will. * No that is correct __________________ Republic Arms and Armaments 07 1-502-231-1118 Machine Shop and Finishing Services to the trade and public

March 30, 2013, 09:58 PM	#2
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	As far as federal law is concerned, nothing at all if you are making it for your own use. BATFE does recommend that you put on some kind of serial number, like your initials and the number 1, but there is no law requiring that. If you make the gun with the intent to sell/transfer it, or are going into the business of making guns, then you need a manufacturer's license. Jim

March 31, 2013, 05:36 AM	#3
Rifleman1776 Senior Member Join Date: April 25, 2010 Location: Arkansas Posts: 3,309	I have a friend that has made two 1911s. He made every part. One has standard sights, the other target sights. They are beautiful, I would like to have them.

March 31, 2013, 12:49 PM	#4
Surgeon Member Join Date: March 30, 2013 Posts: 16	If you have the right licenses, then no. If you do not have a Class 7 firearms license then the answer would most undoubtedly be, yes, very illegal.

April 1, 2013, 11:37 AM	#11
speedrrracer Senior Member Join Date: December 15, 2011 Location: San Diego, CA Posts: 317	Yes, making your own is completely legal. As has been said, if you get into the commercial side, then a ton of laws come into play, but if you just want to make one for yourself, it's no problem. Here's a company selling the 80% receivers you can finish: http://aresarmor.com/store/Item/rudius1911

April 1, 2013, 02:31 PM	#13
amathis Senior Member Join Date: March 20, 2009 Location: Champlain Valley, Vermont Posts: 161	Go for it!

April 2, 2013, 08:40 AM	#16
RedBowTies88 Senior Member Join Date: October 18, 2011 Location: 609 NJ Posts: 705	Be careful and check with local laws before you proceed. Federally it is legal to do so but I know in NJ it is 100% illegal, and I'm willing to wager we're not the only draconian state with such laws. __________________ "...with liberty and justice for all." (Must be 21. Void where prohibited. Some restrictions may apply. Not available in all states.)

April 2, 2013, 11:08 AM	#18
RedBowTies88 Senior Member Join Date: October 18, 2011 Location: 609 NJ Posts: 705	http://www.njsp.org/info/pdf/firearm...tle13-ch54.pdf It's subsection 4 that has the manufacturing laws. I know when you read it that it sounds as though it would only apply to corperations and people looking to wholesale. But in reality it applies to all citizens of the state. I'm currenty looking for some cases.. I know i've seen 1 or 2 before where private citizens were brought up on charges for manufacturing guns for personal use I just need to locate them. __________________ "...with liberty and justice for all." (Must be 21. Void where prohibited. Some restrictions may apply. Not available in all states.)

April 2, 2013, 11:53 AM	#20
RedBowTies88 Senior Member Join Date: October 18, 2011 Location: 609 NJ Posts: 705	No problem Tom, Like I said I would be quite suprised if NJ was the only state where this scenario exists.... but then again NJ is known for that sort of thing when it somes to gun laws. __________________ "...with liberty and justice for all." (Must be 21. Void where prohibited. Some restrictions may apply. Not available in all states.)

April 2, 2013, 12:31 PM	#21
Willie Sutton Junior member Join Date: January 26, 2012 Posts: 1,066	"Federally it is legal to do so but I know in NJ it is 100% illegal, and I'm willing to wager we're not the only draconian state with such laws" That's a fact. 30 years ago I was arrested in NJ and charged by ther NJSP with manufacturing a firearm without a license for assembling parts into an AR-15 reciever that I purchased as a firearm at my local FFL dealer. NJ State Law defines "manufacture" differently than the BATFE. They define it based on "operability" not based on the serialized part having been already sold to an individual. In end I "beat the rap" but it was only barely.... Willie .