80% AR-15 Build Question

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  • DTOM 47

    Accident Prone
    Sep 16, 2013
    25
    Carroll County
    A friend of mine recently asked me a question about the legality of 80% lowers and I unfortunately wasn't able to find any decisive information for him over at MSP. He is currently 18 and expressed interest in building an AR-15. His plan is to purchase an 80% lower, mill it out, and assemble it in a rifle configuration with a completed HBAR upper receiver. I know you don't have to be 21 to purchase the billet, but have been reading about some stipulations with stripped lower recievers so I figured I'd ask. Would it be legal for him to proceed with his plan? Would he have to wait until he's 21? Are there any legal papers he would have to file before building?
     

    DutchV

    Ultimate Member
    Jul 8, 2012
    4,723
    If he's legal to buy a rifle, he's legal to build one. (But not an AR pistol since he's only 18.) No papers to file; no permission slips. Just make sure it's a currently legal (HBAR) configuration.
     

    GoldGunsGirls

    Active Member
    May 30, 2012
    230
    Rockville
    I'm moving to MD next month from out of State. I milled out an 80% lower in 2012 and it's currently built with a non-HBAR upper. Legal to bring in? I don't think I have any way to document the build date. Assuming it's legal, what sort of risk of getting jammed up would I be running? I believe the burden of proof is on the State, no?
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    I'm moving to MD next month from out of State. I milled out an 80% lower in 2012 and it's currently built with a non-HBAR upper. Legal to bring in? I don't think I have any way to document the build date. Assuming it's legal, what sort of risk of getting jammed up would I be running? I believe the burden of proof is on the State, no?

    Since you built it before 10/1/2013, it will be legal to possess but you will be required to register it when you move to the PRM. Toss an HBAR barrel or upper on it and no registration will be required, as it magically transforms from a deadly assault weapon to a safe sporting rifle.

    My sincere condolences on your upcoming move to Maryland.
     

    Sticky

    Beware of Dog
    MDS Supporter
    Mar 16, 2013
    4,502
    AA Co
    Maker must own equipment to make/complete the 80% lower. Someone correct me if I'am wrong.
    True, if the equipment is cnc. One may not use another's expertise to complete a lower, but.... I don't think the ATF is going to come after you if you use someone else's manual equipment, as long as you are running it yourself. Basically, YOU have to make the modifications, not just stick a part in a vise and push the start button.

    If you were to borrow someone's mill, or router and complete the work yourself, you'd both be okay. If you use someone else's automated equipment, you'd both likely be in violation of the intent of the laws.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You could use someone else's CNC machine, but YOU would have to write the code to run the CNC machine.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,243
    Outside the Gates
    You could use someone else's CNC machine, but YOU would have to write the code to run the CNC machine.

    So, according to ATF, software code is knowledge and not a tool ... unless one is an FFL07, then its a tool one can purchase and use.
     

    5.56blaster

    Ultimate Member
    If he's legal to buy a rifle, he's legal to build one. (But not an AR pistol since he's only 18.) No papers to file; no permission slips. Just make sure it's a currently legal (HBAR) configuration.

    21 is to buy from an FFL and maybe per state law. I would look further as to doing a pistol build at 18, I'm not so sure it would be illegal. I owned a pistol and had a carry permit ( in North Dakota) before I was 21. I will research and post anything I find.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So, according to ATF, software code is knowledge and not a tool ... unless one is an FFL07, then its a tool one can purchase and use.

    The ATF had an issue with some shops in CA having build parties. Where the "owner" put the 80% in the jig, then pushed the Start button.

    They deemed that the person who wrote the code "built" the 100%, not the person who used that code.

    Which I would expect them to apply to 3D printed frames.
     

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