Somebody on the Saiga forum says it's completely illegal to build an AK from parts

[Tengu]

If it's totally illegal to build an AK from a parts kit, there are a lot of people here that are in serious trouble including myself.

What is the actual BATF ruling regarding Rifle building in general and AKs in particular?

[Packrat]

I think this comes from the statements you see on most vendors' advertisements "It is illegal to build a firearm using the parts in this kit" or words to that effect. I think the fact this is a domestic firearm (the reason for replacing parts so it contains no more than 10 imported parts) makes it legal.

[Tengu]

Packrat;

I think the vendors disclaimer means that they cannot build a firearm from the parts. However it's legal for an individual with parts replacement as you have stated.

[alexit]

The BATF says "its illegal to build these rifles out of IMPORTED parts kits" but once you replace enough with US-made you are good (it changes things to DOMESTIC parts kits...)

[justashooter]

alexit is right on target. the ads say not to build a rifle that would be prohibited from importation (by the 89 or 94 bans). "sporting rifles" are good to go.

[spray-n-pray]

There is also a ban on building new firearms using recently imported barrels. An importer can not knowingly allow a recently imported barrel to installed in a new firearm. Hence the barrels are marketed for "replacement" of barrels in firearms that already exist. That is why some importer-retailers will not sell you a completed receiver and a parts kit on the same invoice, just to avoid the appearance of violating the import papers.

They legally have to tell you that because the barrel ban applies to them, but there is no law against a third party assembling an otherwise legal firearm using a post ban barrel. The barrel ban is only binding on the importer.

Pretty clear and easy to understand regulations we live under, huh ?

s & p

[Packrat]

I wrote a long reply, then decided it wouldn't be appropriate, especially for a moderator, to say the kind of things I had said. But I think that the gradual increase in the laws and the "opinions" have created a group of people who have developed the skills for building firearms with fewer and fewer parts, and having to fabricate more and more pieces. And people that 10 years ago would not have thought about breaking the firearms laws now think nothing of breaking them.

It's sad that one of the few countries in the world where weapons were considered the unspoken right of free citizens (you know, there was discussion about the "need" for the 2d Amendment, because some of the founding fathers thought that it would be unthinkable that citizens would permit the gov't to legislate weapons away) to a nation where the majority of the people think that weapons are a bad thing and should be restricted to the military and police (the first of which was banned, and the second of which was unarmed in the nation these founding fathers envisioned).

[Redbear]

I saw in K-VAR's website it says, and I qoute;
"According to Federeal importation restrictions the barrels from AK-74 Parts Set can only be used for repair & replacement. The barrels can not be used to build 922(r) compliant guns."

So how can you build a AK-74 Semi-auto, given the way this is worded? I'm realy curious, as a 74 build was my next thing... HELP?

[USMC 0341]

(DISCLAIMER - The following advice is something you found on the internet and was posted by some guy who has neither the responsibility nor the authority to help you out if following this gets you in trouble.)

OK, I went back and re-read through all the details of this issue and removed my previous post.

I found a link where the ATF explains this issue:

http://www.atf.gov/pub/ffl/2001/may/p5.htm

Funny thing is – there is no reference to 922(r) in this regulation (I don’t know where K-Var got that idea). This ATF “FFL Newsletter” only refers to “nonsporting firearms, firearms defined under the NFA, 26 U.S.C. § 5845(a), and surplus military firearms”.

So, as long as you are not making an “assault weapon” (which would be something which does not comply with the details of the “assault weapons” ban), or a weapon subject to NFA regulations, and it complies with 922(r) as well, then you are not, by definition, building a nonsporting weapon.

I think the problem comes from people reading more into this ATF regulation than they put into it. If you read it with the idea that the ATF is afraid that too many people might be buying these kits and not complying with the AWB, the “ten imported parts” rule (922(r)), or the NFA, it makes perfect sense.

So just be sure you understand these regulations, comply with them to the letter and spirit of the law, and you will be OK.

[dougjones31]

I am curious what the BATFE is going to say after Sept. You can build assualt rifles then, but I bet they keep on trying to scare us from building guns from kits because they are out tax money every time we do.

[16r40]

if you want to have fun with him, ask him if it's so illegal.....how can you exsplain the fact that RAPID FIRE, ARS, OOW, and a bunch of other folks are not only bulding them, but selling them openly, if is illegal .......then just sit back and laugh at what kind of response this moron gives. point is you can build one as long as you follow the law.