The following is a video transcript.
Today, we will answer the most commonly asked questions we get from U.S. LawShield members regarding firearm building and customization. First, let’s talk about bump stocks under federal and Florida law.
Bump Stocks
Many firearm enthusiasts prefer to customize their firearms. Unfortunately, gun laws often change and customizations that were legal one day can become illegal the next. One popular customization that is now illegal under both federal and Florida law is the addition of a bump stock to a rifle. A bump stock causes a rifle to bump fire, meaning the rifle uses the recoil of a semi-automatic firearm to fire ammunition in a rapid succession, similar to a fully automatic weapon.
Most people are aware that both federal, and state law in Florida now ban bump stocks. However, many are unaware Florida’s law went much further. Under Florida law, bump-fire stock is defined to mean “a conversion kit, a tool, an accessory, or a device used to alter the rate of fire to mimic automatic weapon fire or which is used to increase the rate of fire to a faster rate than is possible for a person to fire such semi-automatic firearm unassisted by a kit, a tool, an accessory, or a device.”
Reading the definition should cause concern. It is so vague it could include almost any modification to your firearm. There are many items sold that can accelerate the rate of fire of a semi-automatic firearm (including both handguns and rifles), without making them automatic weapons. It can be argued that lightening the pressure necessary to pull the trigger increases the rate of fire to a faster rate than possible unassisted by a kit, tool, accessory or device. Until a court rules on this, understand you may become the test case if you modify your firearm to fire more easily by decreasing the pressure necessary.
Other accessories that can fall under this definition include, but are not limited to: traditional bump stocks, crank fire devices, binary triggers, and many more commercially available conversion kits or devices.
Building Your Own Firearm
Another common question refers to kits to build your own firearm. People wonder if it’s legal to buy kits online or locally and use it to build their own unregistered firearm. Guns built from these kits do not have serial numbers and are commonly referred to as “ghost guns.” Under federal and Florida law, it’s legal to possess a firearm you manufacture without a serial number. However, it is illegal for any other person than the person who manufactures the firearm kit to possess it.
Licensing
According to the ATF, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non-sporting semi-automatic rifle or shotgun from 10 or more imported parts, as well as firearms which cannot be detected by metal detectors or X-ray machines. In addition, making an NFA firearm such as a short-barreled rifle requires a tax payment and advance approval by the ATF.
If you have any further questions regarding modifying or making your own firearm, please give U.S. LawShield a call and ask to speak to your Independent Program Attorney.
How about a “dont tread on me” snake in the backplate of a glock, modified trigger reducing pull weight, laser stippling with punisher skulls, etc….?
Hello Hector,
It is legal to put the snake or “punisher” skulls on your firearm.
Although there is no case law, it can be argued that by reducing the trigger pull, you are altering your firearm to allow it to fire faster than it would have if the modified trigger was not placed on the firearm, therefore falling under Florida’s ban on bump stocks.
I’m confused by the wording regarding manufacturing a firearm kit. When you say it is only legal to possess a firearm without a serial number of you are the manufacturer of the kit, does that mean if I buy a kit from a manufacturer I have to have a serial number or am I technically the manufacturer since I assembled the kit?
Hello Eric,
A serial number is not required if you build it from scratch or from a purchased kit.
Would binary or forced reset triggers be something to worry about having in your firearms?
Agreed with Eric, the statement about manufacturing and kits should be edited for clarity. There seem to be at least 2 cases. A firearm built from a purchased kit and a firearm build from raw materials with no kit. What is the situation and legality of each of these cases?
Hello Paul,
A serial number is not required if you build it from scratch or from a purchased kit.
If you purchase a kit to build a firearm that would classify as a short barreled rifle, would it need to be registered before it was completed? Even though it is a self made firearm?
Thank you for all this. Extremely helpful
I would argue that a 22LR, say a Ruger 10/22 with a binary trigger and a 25 round magazine, would send less lead downrange than a 10 gauge shotgun, even a 12 gauge with buckshot. Thanks for the info.
It is now November 2020 . I live in Florida.I want to buy a drop in trigger that has a reduced trigger pull for my AR 15 . What do you recommend ? Has any legal clarification of Florida gun laws on non binary ( regular semi auto ) drop in triggers been updated?
Have the clarified the binary trigger question? Are they legal in Florida?
Yes drop in triggers are legal in Florida even down to 2.5 sporting triggers
Are binary triggers legal now? July 2021
I would just like a simple answer. Is a Binary trigger legal in Florida or not ??? Please respond in simple English.
Binary Triggers are illegal in FL..You may read the statue if you would spend the time
Hi
As of today 6/24/22 can you buy own and make a gun kit like you buy on gunbroker.com and places like that. Specifically Cobray 410 derringer .
Thanks
How do I identify a short barrel riffle from a pistol ?
Wanted to purchase a pcc- pistol caliber carbine otherwise called a truck gun but wonder if those classified as a short barrel rifle by the ATF
I live in Florida