pilotguy
Ultimate Member
I have always wanted to build my own rifle, and having purchased a flat and jig for an MP5 clone a while ago, I thought about making one up now. This is for personal use and is never destined for sale--especially since it would be my first attempt. But I would like to make it into an SBR, so I know that I have to get an ATF Form 1 approved before it can become an SBR.
I thought about making it a pistol and then adding a stock to it after the Form 1 comes back. I know we have the roster here so I re-checked the language of PS Title 5 subtitle 4. Although the Application of subtitle in 5-402 talks about manufacturing, it looks like under 5-406 the prohibition is to manufacture a handgun for sale and not just to manufacture.
Is the roster then not applicable in this case? Obviously I would have my manufacturing information and serial number applied when I made the flat into a receiver.
§ 5-402. Application of subtitle
(a) Manufacture and sale of weapons. -- This subtitle does not affect a person's right to:
(1) manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in § 4-201 of the Criminal Law Article;
(2) manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and
(3) manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:
(i) the federal government;
(ii) a state other than this State;
(iii) a local government in a state other than this State; or
(iv) a law enforcement agency in a state other than this State.
§ 5-406. Manufacture or sale of handguns
(a) Prohibitions. --
(1) Except as provided in § 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.
(2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
(3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer's identification mark or number is obliterated, removed, changed, or otherwise altered.
I thought about making it a pistol and then adding a stock to it after the Form 1 comes back. I know we have the roster here so I re-checked the language of PS Title 5 subtitle 4. Although the Application of subtitle in 5-402 talks about manufacturing, it looks like under 5-406 the prohibition is to manufacture a handgun for sale and not just to manufacture.
Is the roster then not applicable in this case? Obviously I would have my manufacturing information and serial number applied when I made the flat into a receiver.
§ 5-402. Application of subtitle
(a) Manufacture and sale of weapons. -- This subtitle does not affect a person's right to:
(1) manufacture, sell, or offer to sell a rifle or other weapon that is not defined as a handgun in § 4-201 of the Criminal Law Article;
(2) manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and
(3) manufacture in this State a handgun that is not on the handgun roster by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer in this State for direct sale to a unit of:
(i) the federal government;
(ii) a state other than this State;
(iii) a local government in a state other than this State; or
(iv) a law enforcement agency in a state other than this State.
§ 5-406. Manufacture or sale of handguns
(a) Prohibitions. --
(1) Except as provided in § 5-402 of this subtitle, a person may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.
(2) A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
(3) A person may not manufacture, sell, or offer for sale a handgun on which the manufacturer's identification mark or number is obliterated, removed, changed, or otherwise altered.
