Homemade muzzle break??

[gunwhatgun]

Is there any law saying you cannot make your own muzzle break, flash hider, compensator ect ect.......?

 

That is to say if you have the tools and skill set to do so.

[KKing]

No there aren't laws in TN keeping you from making your own. Edited December 6, 2014 by KKing

[gunwhatgun]

Thank you.

[Oh Shoot]

No there aren't laws in TN keeping you from making your own.

 

TN law explicitly allows you to make your own silencer, not subject to federal regulation if you keep it in the state.

 

- OS

[peejman]

Perfectly legal. Though you might consider making a brake instead of a break. ;) Edited December 7, 2014 by peejman

[KKing]

TN law explicitly allows you to make your own silencer, not subject to federal regulation if you keep it in the state.

- OS

I feel like I'm about to get some schooling, do you care to post that specifically or a link to it?

[Oh Shoot]

I feel like I'm about to get some schooling, do you care to post that specifically or a link to it?

 

TN Firearm Freedom Act, TCA 4-54-101 thru 106

 

can't do direct link to individual statutes with Lexis, TCA at:

 

http://www.lexisnexis.com/hottopics/tncode/

-----------------

 

4-54-103.  Chapter definitions.

  As used in this chapter, unless the context otherwise requires:

   (1) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination;

   (2) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts and pins; and

   (3) "Manufactured" means creating a firearm, a firearm accessory or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining or other processes for working materials.

 

4-54-104.  Firearms, firearm accessories and ammunition manufactured in this state not subject to federal regulation under interstate commerce clause.

  A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories or ammunition, and their importation into this state and incorporation into a firearm, a firearm accessory or ammunition manufactured in this state does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories and ammunition made in this state from those materials. Firearms accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.

 

4-54-105.  Application of § 4-54-104.

  Section 4-54-104 shall not apply to:

   (1) A firearm that cannot be carried and used by one (1) person;

   (2) A firearm that has a bore diameter greater than one and one half inches (1 1/2'') and that uses smokeless powder, not black powder, as a propellant;

   (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

   (4) A firearm that discharges two (2) or more projectiles with one (1) activation of the trigger or other firing device.

 

 

- OS

Edited December 7, 2014 by Oh Shoot

[TripleDigitRide]

TN law explicitly allows you to make your own silencer, not subject to federal regulation if you keep it in the state.

- OS

Oh my! Based on a thread I saw recently, I need to spend a few days over at Gordon's place.

[Oh Shoot]

Oh my! Based on a thread I saw recently, I need to spend a few days over at Gordon's place.

 

I'm sure Gov. Haslam will stand by your side when the ATF comes a knockin too, eh?

 

- OS

[TripleDigitRide]

I'm sure Gov. Haslam will stand by your side when the ATF comes a knockin too, eh?

- OS

I'm not following you.

[Oh Shoot]

I'm not following you.

 

TN says it's legal. Federal gummit says it ain't.

 

- OS

[KKing]

In all honesty, I've read that before, and never even thought to apply it to suppressors. My family owns and operates a machine shop, I'll leave that at that. I don't want to be the test case though, I'm sure of that.

[TripleDigitRide]

OK. Scratch that. I'll be staying far away from Gordon's place. As a matter off fact, I've never even heard of Gordon. [emoji6]

[Dolomite_supafly]

Oh my! Based on a thread I saw recently, I need to spend a few days over at Gordon's place.

 

BTW, mine is legal according to the ATF/Feds. It was not made under the Freedom Firearms Act of Tennessee. Yes I made it but I did not make a single part before I submitted and got approved 40 days later. BTW, I have a lot more information about the silencer that I will be posting in that thread shortly.

[LawEnforcementSalesTN]

BTW, mine is legal according to the ATF/Feds. It was not made under the Freedom Firearms Act of Tennessee. Yes I made it but I did not make a single part before I submitted and got approved 40 days later. BTW, I have a lot more information about the silencer that I will be posting in that thread shortly.

 

Well just saying, I've seen old photo's of Gordon... he couldn't be maybe 4th/5th grade tops and he's holding that dang suppressor... story he was telling back then was he couldn't wait until they developed a 300 blackout round and he was old enough to own the rifle for it     :rock:

[Clod Stomper]

I remember reading years ago about a case somewhere in the southwest (AZ or NM). A guy was busted for making a submachine gun from raw materials. He was acquitted because it never left the state. They got him on other charges though.

I've tried several times and I cannot find any old articles about it. It could have been as far back as the late '90s. But I do remember it.

[peejman]

I make muzzle brakes all the time when I am trying out new designs. Making, and attaching, a muzzle brake to a gun is no more illegal than making brownies and attaching them to a gun.

The image that popped into my head when I read this is hilarious.... :D

[DaveTN]

OK. Scratch that. I'll be staying far away from Gordon's place. As a matter off fact, I've never even heard of Gordon. [emoji6]

It hasn’t been tested in this state or in this Federal District. I still don’t understand why we have to wait for someone to be arrested to test this law and the response from the BATF. But as a C&R holder I got a letter from the BATF saying the Tennessee Firearms Freedom act means nothing to them and if I violate Federal law they will put me in prison. (That’s not exactly what it said, but it’s what they wanted to say.)

[RED333]

Lets see if this works, I highlighted the area I need help with.

 

Tenn. Code Ann. § 39-17-1302  (2014)

39-17-1302.  Prohibited weapons.

  (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

   (1) An explosive or an explosive weapon;

   (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

   (3) A machine gun;

   (4) A short-barrel rifle or shotgun;

   (5) A firearm silencer;

   (6) Hoax device;

   (7) Knuckles; or

   (8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

(b) It is a defense to prosecution under this section that the person's conduct:

   (1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;

   (2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);

   (3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;

   (4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

   (5) Was incident to displaying the weapon in a public museum or exhibition;

   (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1); or

   (7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration.

   (8) [Deleted by 2014 amendment, effective July 1, 2014]

(c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that:

   (1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or

   (2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.

(d)  (1) An offense under subdivision (a)(1) is a Class B felony.

   (2) An offense under subdivisions (a)(2)-(5) is a Class E felony.

   (3) An offense under subdivision (a)(6) is a Class C felony.

   (4) An offense under subdivisions (a)(7)-(8) is a Class A misdemeanor.

[Dolomite_supafly]

What you need help with?

[Caster]

I can't believe I'm gonna say this, but.....

 

Where's Kwik when you actually need him?  Can't think of any other guy ballsy enough to do it.  Can't think of a better douche to take the fall if it goes badly.  

[RED333]

What you need help with?

Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (B)(7) shall retain proof of registration.

 

This, you need the silencer to be registered, OS posted you can build one, but did not say anything about registered.

[Oh Shoot]

....

   (7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision ( B)(7) shall retain proof of registration.

 

Yep. I agree that the doofus way they wrote 4-54-103 and also without revision of 39-17-1302  means one is not actually exempt one from state prosecution for possession of a SBS, SBR, or silencer made in TN, only from federal prosecution (except not then either of course).

 

So I guess that's what they intended, which simply negates having to have a federal manufacturing FFL?  Who knows, whole thing an exercise in idiocy.

 

Just wait till some of the anti-abortion bills get enacted -- unlike regarding this one, the lawsuits will fly immediately.

 

- OS

Edited December 8, 2014 by Oh Shoot

[RED333]

Sad, killing the unborn is OK but firearms are the devils work.

Go figure

Edited December 8, 2014 by RED333