Preliminary Assessment Of ATF Rule

BY Herschel Smith
1 year, 10 months ago

I think he makes it clear that he hasn’t been through all of it and there’s more to come.

BLUF.  The rule is a mess, with massive vaguery throughout (probably by intention).  Lack of clarity is always the friend of overbearing regulators and controllers.

For now, until and unless the ATF decides otherwise, they have a calculated mess for manufacturers to deal with, but AR-15 upper receivers are not included in this mess and do not require serialization.

If you’re a mechanic and like to work on things, the FedGov hates you.

UPDATE: The rules are as clear as mud.


  1. On April 13, 2022 at 10:46 am, DWEEZIL THE WEASEL said:

    Sigh. As Forrest Gump opined: “…stupid is as stupid does.” These ghost gun folks are very late to the party. Anyone who could not see the FEDGOV handwriting on the wall thirty years ago, is just plain clueless. Proverbs 27:12.

  2. On April 13, 2022 at 11:11 am, 1776 said:

    Well, it matters not.

    The BATFE and the Bureau of Alcohol Tobacco Firearms and Explosives are committing fraud by omission.

    They are failing to stipulate that any “rules” they publish -only- apply to federal employees, and then -only- within the stipulated jurisdictions described in:

    18 USC 921 (Puerto Rico)


    26 USC 7701 (The District of Columbia)

    This came up during the “bumpstock ban rule,” but apparently was quickly memory-holed.

    Outside of those explicit jurisdictions, they can pound sand. If they harm anyone trying to “enforce rules,” they can be arrested and tried.

    All of these “rules” are only “Constitutional” because they are considered “offshore,” and do not apply within the 50 states, except to those functioning as “Federal Persons/U.S. Persons.” Since only about 3% of Americans legitimately hold Federal employment (Federal Civil Service/Military), that leaves thte vast majority completely outside the purview of these glorified Wal-Mart floorwalkers (both BATFE and Bureau of Alcohol Tobacco Firearms and Explosives are -incorporated, for-profit entities,- not actual government agencies.

    They are on notice.

  3. On April 13, 2022 at 11:13 am, Threeper said:

    Bet they really hate me then. 44 years as a machinist.

  4. On April 13, 2022 at 11:18 am, Russell G. said:

    The people at 80% lowers ( 80-lower dot com) don’t even know what it says, means, or specifies…after going through it. If anyone would know, they would. And, they don’t.

  5. On April 13, 2022 at 12:18 pm, wyomarine said:

    @1776, you’re speaking Greek to the masses here, they don’t understand the Puerto Rico-offshore connection, since it’s tax related to the parent organization, the Federal Reserve Bank and it’s enforcers, the IRS/ATF.
    (in a nutshell)
    FederalReserveBank was established in 1913, a private banking org, then established the IRS (a corporation) in Maryland in early 1930’s to control the collection of Federal Income Tax (liable only by fedgov employees) and then moved to Puerto Rico decades later to escape US laws and Federal prosecution for lawbreaking. IRS and BATF never were Federal law enforcement, they worked as strongarm for the Federal Reserve Bank (a private bank) and in last decade or 3 have been pseudo absorbed by US Treasury to try to legitimize their illegal acts. They’re hiding under the cloak of the FedGov umbrella.
    A private corporation posing as a Federal entity, under the color of law, completely null and void, and the masses deny it all, not wanting to admit they’re being fleeced of their hard earned taxes by a gang of thieves. It’s there in black and white, all you need to do is research some history to prove it’s truth.

  6. On April 13, 2022 at 12:46 pm, Fred said:

    One thing you can be sure of, the “smart” people will ask for clarity which will solidify the rules. See how that works? Never asked to be ruled, that’s where you make your mistake.

  7. On April 13, 2022 at 12:46 pm, James said:

    The 80% horse left the barn decades ago,good luck reigning them in.

    I want to know if the feds worried about public safety why did they make the TM 31-210 public?

  8. On April 13, 2022 at 1:27 pm, Georgiaboy61 said:


    Re: “I want to know if the feds worried about public safety why did they make the TM 31-210 public?”

    That’s an easy one: To entrap anyone expressing an interest in it. Or, as the old saying goes, you catch more flies with honey than with vinegar.

  9. On April 13, 2022 at 1:33 pm, Georgiaboy61 said:

    Regarding gun control, you can’t stop the signal. Prohibition movements do not work, and the history of the U.S. over the last century proves it. It is an iron-clad law of economics that if a viable market and supplier of goods/services for that market exist, they will find a means of doing business with one another. If not in the legal, above-board economy, then in the black market and underground economy. is powerless to prevent this. All the government can do is force a change of venue for that commerce; they can no more stop such activity than they can force the sun to rise in the west and set in the east.

    The lessons from the Prohibition Era 1919-1932 are ample, and then they were taught again starting in the 1970s with the so-called “War on Drugs,” and yet again with the firearms prohibition movement right up to the present.

    The reader will also note that the ATF spends the bulk of its time, budget and effort doing political theater and chasing law-abiding citizens, and not doing the actual hard and perhaps-dangerous work of reining in genuine gun violence of the kind being committed by the narco-terroristas in Mexico and the southern U.S. and the various street gangs in larger U.S. cities. If the Bureau is unwilling or unable to perform its mission, why are the taxpayers still funding it?

  10. On April 13, 2022 at 2:27 pm, 1776 said:


    It’s more than that. Most people don’t realize America has been hijacked by its two out of control foreign subcontractors.

    The Treaty of Paris 1783 created a power-sharing agreement, for three parties, thus the three separate Constitutions:

    1) American Federal Republic subcontractor, authorized by The Constitution for the United States of America, 1787. Continuation of the Articles of Confederation (which were not dissolved, merely superceded. This can be confirmed in that they are still listed as one of the four organic laws). The Federal Republic was rendered inoperable in 1861 with the beginning of the unlawful merc war fought between the other two “civil” contractors.

    2) British Territorial subcontractor, authorized by The Constitution of the United States of America, 1789. Their baliwick (since the Americans won on Land, but lost at Sea) was administration of the new Territories and the Sea Lanes and Navigable inland waterways. It is why the “U.S. Navy” has always been run as a “franchise” of the Royal Navy. The Constitutions stipulated no “standing Army,” but didn’t forbid a “standing Navy.” In this case, run by the Brits.

    3) Roman Municipal subcontractor, authorized by The Constitution of the United States, 1790, and the 1790 “Residency Act.” This created an independent city-state/nation that was to serve as “middle ground” for meetings of the three branches of government (Federal, Territorial, and Municipal). It is run as a “plenary oligarchy” (in the form of the “U.S. Congress.” Any and all “U.S. Codes” are intended to apply to employees/citizens of this “City State.”

    After the end of hostilities (but not the end of the conflict, which persisted up until January of 2021), the two remaining subcontractors hijacked everything, since the American Federal Republic was considered “in abeyance, pending reconstruction.” They stipulated “emergency powers” (which they never had, our country was forged during wartime) as an excuse, and then proceeded to shanghai everyone they could into being considered their “employees.”

    That’s the crux of this. The Constitutions never went away, nor the guarantees enumerated in the Bills of Rights. But nothing is to prevent people from being “characterized” as “foreigners” on their own soil, as long as it is presumed to be “voluntary.” Meaning, you don’t object to it.

    If you are a “citizen of the United States,” you have the same status as a black former plantation slave (a “citizen of the United States” is someone “born or naturalized in D.C.,” and thus, outside of America). Foreigners do not have access to the guarantees of the Bills of Rights.

    The Federal Reserve Act was fraud after the fact. Nothing enacted after March 27th 1861 applies to Americans, only Tories and Munies (Territorial “U.S. Citizens and Municipal “citizens of the United States”). And no amount of “trying to change the Codes” will ever avail you of anything, since your “vote” is singular- when you “register,” you are “donating your proxy.” Meaning you consent to whatever your proxies decide to do.

    And all the “agencies” are there to ensure their fellow employees comply with their “employee codes and rules.” Perfectly legal. Again, foreigners have no rights or guarantees here.

    So, there you go. Americans have all their guarantees, but foreign Civil Servants and their dependents do not.

  11. On April 13, 2022 at 3:04 pm, 1776 said:


    As a continuation of my reply above, a few more points:

    First, the Federal Republic was authorized by “The Constitution for the united States of America.” Note that the “DBA” name is the same as the “DBA” in The Articles of Confederation, viz, “States of America.” This was a corporate, but unincorporated entity, originally created to make doing business internationally easier (after all, we got along fine without any delegation of our authority for almost 6 years).

    The other two subcontractors decided to “Incorporate,” and as soon as something “incorporates,” it loses any presumption of “sovereignty.” An entity that owes its authority to the “chartering” of another entity is by definition subservient. The entity calling itself “The United States of America, Inc.” was chartered in Scotland in 1866. And the location of the (many times over) successor entity is still registered at “The White House” in Edinburgh, Scotland. A quick search of Dunn and Bradstreet will confirm. So, fraud, credit, and identity theft go back much further than most people are prepared to acknowledge.

    The origins of the “IRS” and the “Internal Revenue Service” (two separate entities, one Municipal, one Territorial) are rooted in The Revenue Act of 1863, when the fake-president Lincoln created the “Bureau of Internal Revenue” to facilitate a “return” of a portion of the wages paid to military officers. It is The Revenue Act of 1863 that provides the “continuity” and authority for today’s IRS, since, at its heart, nothing has changed but a bloating of the “IRS Code” to obfuscate what was originally very simple (if you were a Federal employee or military officer, you were required to return a portion of your wages. That’s it).

    People tend to focus on the 16th Amendment, but this is incorrect. The 16th amendment (bylaw, since there was no functional quorum when “enacted”) simply clarified the stipulations of The Revenue Act of 1863. Ergo, that Federal Income (meaning any income obtained while in Federal service) from whatever source derived was subject to the excise. Federal employment is a “voluntary activity,” and as such, subject to constitutional excise. This was extrapolated to other “privileged activities” undertaken while presumed to be in “Federal Employment,” to include the “NFA.”

    If you ride for the brand, and take the Queen’s Shilling, you have to obey every jot of the “Employee Code.”

    The fraud came about because FDR (King Rat), made it seem like “everyone” was suddenly a “Federal Employee” in 1933.

    So, upshot of this is: if you are a Federal Employee or current military, the “Rules and Codes” apply to you. If not, they don’t. Remember the Supremacy Clause: the Constitutions are supreme, but you have “unlimited authority to contract.” If you waive your rights and guarantees by assuming Foreign Employment, you don’t have access to the Constitutions. “Federal” means “contract” after all.

  12. On April 13, 2022 at 4:23 pm, wyomarine said:

    Yup, everyone is so proud to call themselves a US Citizen, never realizing the minute they get their Social Security number and sign off on a 1040 tax form, they become the property of the Fed Res/IRS as legal tax slaves, to be used and fleeced in any manner their owners see fit.
    They own this nation, lock, stock and tax cattle, and no one will fight back, because we’re FREEEEE! See how brainwashing works, the media and schools tell you how free you are, and you have rights. ZERO. Pretty slick when you’re dealing with dummies.

  13. On April 13, 2022 at 4:31 pm, 1776 said:

    Wyo, final addenda.

    To confirm what I have said, one only has to consider the fact that “U.S. Citizenship” and “citizenship of the United States” (two separate statuses, but most people are considered “dual citizens” as a result) is not “geographic.”

    The “geographic jurisdiction” of the Municipal “United States” stops at the boundary stones demarcating the 66.2 sq. miles. It was originally 100 square miles (The Residency Act of 1790 stipulated it was to comprise “ten miles square,” or 10e2), but Virginia “retroceded” its portion in 1846. So now, “United States” (as explicitly defined in 26 USC 7701) means “The District of Columbia,” and nothing else.

    So, if someone consents to be presumed a “citizen of the United States” pursuant to the 14th bylaw to the Scottish charter for “The United States of America, Incorporated,” they are claiming they were either:

    A) born somewhere within those 66.2 sq. miles


    B) signed naturalization papers at some point after their 21st birthday

    Since D.C. is not a “state” of the actual American union, it is considered “extraterritorial,” a foreign polity with regard to the 50 states, and as such, does not confer any of the guarantees found in any of the Bills of Rights (if you believe otherwise, find the first mention of “citizen of the United States” in the Bills of Rights. That’s where your access begins, and there’s no access to anything prior).

    A “U.S. Person” is a dead entity, also considered a “seagoing vessel” (the definition of “person” was altered to mean “incorporated entity” back in the 1870’s for this reason). It is why a “citizen of the United States,” no matter where in the world they go, has to pay their vig to the IRS for anything they earn.

    U.S. Flagged vessel after all. The “registration” is “The District of Columbia” (“United States”).

    These “dead things” are as a result, “stateless” (a “district” is not a “state.”) “Citizen” means “one who owes obeisance to a King or City.” A subject (“…and -subject- to the jurisdiction thereof”).

    Starting to make sense?

    In the same way, those who allow themselves to be deemed a “U.S. Citizen” are considered to be “deceased Puerto Ricans” or residents of one of the other six “insular states” of the British “United States of America.”

    Title 18, 922 defines “Interstate commerce” to be “commerce into, out of, or between The District of Columbia and Puerto Rico.” They are, after all, two separate “states” (Municipal United States and Territorial United States of America).

    Nothing whatever to do with the 50 states known as “The United States of America.” We aren’t even mentioned.

    So, as the Latin phrase goes: “Nosce te ipsum.” Know thyself.

  14. On April 13, 2022 at 4:38 pm, 1776 said:


    Thanks for the reply.

    A small clarification: they own nothing. Not one tiny bit of it.

    They are, after all, -incorporated.-

    And incorporated entities are property. The unincorporated (living People, Americans), own every last bit.

    They (“United States, Inc.” and “United States of America, Inc.”) committed fraud, and did everything “in our names.”

    Well, we are the employers. We are the creditors. It all belongs to us.

    A phrase that everyone needs to learn is:

    “Involuntary retrocession.”

    There’s no need to talk of “secession.” Secession is a crime, and all 50 states are on good terms with each other.

    The problem is the drug, arms, and human trafficking little anal polyp occupying 66.2 sq. miles within the physical borders of Maryland. They violated the terms of their contract, and they are going to be evicted. They can go live in Puerto Rico with their Brit pals. I’m sure they will be very happy together.

    But they can’t stay here.

    And we certainly aren’t going to break up the union of states, and become vulnerable to being picked off by foreign powers.

    “Involuntary retrocession.”

    Spread the word.

  15. On April 14, 2022 at 3:44 am, TruthBearer said:
    Provides the mechanism for shutting off the money. Fits in with above discussion on who the rules apply to.

  16. On April 14, 2022 at 4:00 pm, iggy said:


    Thanks, all quite interesting. I was aware of the PR incorporation of the irs, but not much else.

    Any special consideration regarding the 4 non-states, ie the commonwealths?

  17. On April 15, 2022 at 2:16 pm, Pat H. Bowman said:

    More rules designed to make honest people outlaws. What I think they misjudged is that they won’t like us as outlaws…

  18. On April 15, 2022 at 3:28 pm, 1776 said:


    My pleasure, and glad you found it interesting. There’s a whole ream of information, and trying to summarize it is daunting.

    Your question would take several pages to answer, but the short answer is found below:

    The most important thing to be aware of is that when you see something styled: “State of Pennsylvania” or “STATE OF PENNSYLVANIA” or “Commonwealth of Pennsylvania” you are not dealing with an actual, physically-defined state.

    Or, put another way: a “State of State” is not the same thing as a State.

    A “State of State” is a business entity, and therefore “imaginary.” Same with a “Commonwealth of.”

    Prior to the unlawful merc conflict between two of the three “Civil Subcontractors” in 1861, these business entities (created originally under The Articles of Confederation, which was the origin of “the Confederate States of States”) were styled as “The State of Maine, The State of Maryland” and so on. Note the Capitalization in the definite article “The.” This means there was only one entity that could DBA as “The State of Maine” for instance.”

    With the fission of two of the three Civil subcontractors in 1861 (with the British Territorials backing the “Northern Confederate States” and calling themselves, deceptively “the Union”) and the Roman Municipals backing the “Southern Confederate States” calling themselves “the Confederacy), they conscripted unwitting Americans (who had absolutely nothing to do with the internal struggle being illegally and unlawfully prosecuted by their erstwhile hired help) into, for instance “State of Maine 51st Infantry.” You can look up the muster books to confirm what I am saying.

    These units were mercenary companies, not the actual military authorized by the Constitutions (which would have been styled as “The – – County Militia” (Militia units were organized by County in each of the actual, physical States, and mustered to the State level if needed, then styled as “The Maine Militia.” Not “State of Maine” or even “The State of Maine,” since oversight and command of the State Militia was never “surrendered or delegated” outside their home State).

    After the armstice and cease fire (but note, not a “Peace Treaty”), the country was in shambles, the American subcontractor was not functioning, and the two perpetrators were left guarding the henhouse. They substituted their own cuckoo-bird entities for our actual “Confederate” States (for instance, “State of Maine,” which was a British Territorial doppleganger for “The State of Maine.”

    To make matters more confusing, as you note, there were four States that also had “Crown Enclaves” within them. Any time you see “Commonwealth,” you are looking at a “Crown Interest.” A bit more history is necessary, but I’ll try to limit it.

    Since 1066, there was no longer a “King of England,” thanks to William the Conqueror. He made all of his higher ranked followers “Kings in their own Right” back in France, but only sought to administer his new lands in England, not to claim Kingship. This caused unrest in his heirs, and lead to his grandson, King John, from being completely denied any inheritance of land in England (he was thus known as “King John Lacklands”). This prompted him to seek a deal with the Pope, who for some time had administered “Papal properties” within England as “Commonwealth” (common-use lands, usually the poorest unwanted lands, swamps, scrubland, etc.). John became “King of the Commonwealth Lands,” and thus sought to use underhanded means of including more and more of England as “Commonwealth” (to include outright theft of the Estates of dead or missing Crusaders).

    This continued for several centuries, and people eventually forgot that “The Commonwealth” was not in fact the same as “England” (or Scotland, or Wales, or Ireland). This persists to this day, and the “Royal Family” is nothing more than the descendants of the grifter “King John.”

    Rewind to 1776, when four colonies (soon to be States) had sizeable “Tory” populations. After The Treaty of Paris, these “Tories” for the most part elected to stay and continue working in government. In these cases, they were referred to as “Citizens of the Commonwealth of Pennsylvania” for instance. This differentiated them from Americans born within the physical borders of Pennsylvania, who were simply “Pennsylvanians.”

    This continues to this day, and Kentucky, Virginia, Pennsylvania, and Massachusetts are actual, physical states, but the “Commonwealths of” are administered as British Territorial enclaves.

    I realize that was still pretty lengthy, but hopefully it answers some of your questions.

  19. On April 17, 2022 at 10:58 am, Matthew W said:

    I’m sorry I watched a $@#Tube link, but this was good information.
    I don’t know much about Uppers/lowers/80%/Jigs/templates etc, so this was good to watch and learn.

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This article is filed under the category(s) BATFE,Gun Control and was published April 12th, 2022 by Herschel Smith.

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