What used to be a fringe hobby in the firearms world, building or customizing your own guns, is increasingly popular.
So, Wyomingites welcome a ruling by the federal 10th Circuit Court of Appeals, stating that the Second Amendment could apply to the buying, selling and possession of firearms parts without serial numbers.
AR-15 style rifles in particular can be built or customized to owners’ liking, using parts and accessories that can be purchased over-the-counter or ordered online.
“It’s like Barbie dolls for men. It’s all about accessorizing,” firearms enthusiast Nic George of Sheridan told Cowboy State Daily.
Court Rules On Colorado Case
At issue is whether the purchase, exchange and possession of firearms parts without serial numbers fall solely under state commercial regulations, or has Second Amendment implications.
The 10th Circuit Court on April 23 ruled the latter, Casper Attorney Ryan Semerad told Cowboy State Daily.
Therefore, if charges are brought against somebody in connection to firearms parts, they could possibly challenge the case based on their Second Amendment rights.
Semerad said prosecutors can’t make a winning argument if they contend the case doesn’t bear on the Second Amendment.
In June 2023, Colorado enacted a law prohibiting the purchase, sale, transfer, and possession of un-serialized firearms, firearm frames or receivers, and the like, according to 10th Circuit Court documents.
“Three Individual Plaintiffs—Christopher Richardson, John Howard, and Max Schlosser—and two nonprofit Associational Plaintiffs—National Association for Gun Rights (“NAGR”) and Rocky Mountain Gun Owners (“RMGO”)—sued the state for violating their Second Amendment right to keep and bear arms,” according to the court.
A district court erred when it concluded that the Colorado law didn’t implicate that Second Amendment. Because it does, in fact, implicate it, the 10th Circuit Court decided.
“If you have a blanket prohibition, that it is illegal to sell or possess these sorts of gun parts, that is a matter of the Second Amendment,” Semerad said.
“The government can’t just say, ‘it has nothing to do with bearing arms,’” he added.
‘Like Purchasing The Whole Gun’
Custom-building firearms wasn’t a wild West, unregulated venture to begin with, said George, who’s been doing it for decades.
The process starts with buying a part that bears a registered serial number. That’s usually the action and trigger mechanism for a bolt-action rifle, or the lower receiver on an AR-15, George said.
An AR-15 lower receiver contains the trigger mechanism, safety and magazine release.
“Every firearm has at least one part that is aregulated piece. The piece without which it won’t function. That’s usually where the serial number goes,” George said.
To buy that part, a person usually must go through a licensed gun dealer and pass a background check.
“It’s just one part, but it’s like you’re purchasing the whole gun” from a procedural and legal standpoint, he said.
From there, buyers can add whatever barrels, sights and other parts and accessories they wish.
Years ago, gun enthusiasts had to have expensive equipment, like lathes, to make parts such as barrels in their own shops or garages, George said.
Now, parts such as pre-made barrels are readily accessible at reasonable prices, he said. So, it’s becoming more common for people to build their own hunting rifles, for instance.
‘It’s Extremely Popular’
AR-15-style rifles are essentially the king of modular firearms, Joshua Kinderknecht, the owner of Wyoming Tactical Firearms and W.T.F. Silencers, told Cowboy State Daily.
Plenty of people still go into shops or gun shows and buy finished rifles. However, given the abundance and availability of AR-15 parts and accessories, there’s a trend toward building your own, Kinderknecht said.
“It’s extremely popular, so it’s good to know (about the 10th Circuit Court’s ruling),” he said.
Once a gun owner has the lower receiver with the serial number on it, the possibilities are practically endless, he said.
There are a wide variety of barrels and stocks of various lengths to suit shooters’ want and needs, Kinderknecht said.
What’s an AR-15 lower can be matched with more than one upper receiver and barrel assembly, each chambered for a different cartridge, he said.
That’s like having several rifles in one, Kinderknecht said. All the owner has to do to switch calibers is move the lower receiver between the various uppers, he said.
“I’ve got one AR lower that I have three different upper receivers for. It’s really handy,” he said.
Mark Heinz can be reached at [email protected].