Archive for the 'BATFE' Category

Ammoland.

The maximum length of a pistol would be 26 inches. That would make any AR15 style pistol with a barrel over seven inches an SBR regardless of any other determination features.  The measurements of a seven-inch AR pistol from the rear of the buffer tube to the front of the gun are 25 inches.

“Given the public interest surrounding these issues, ATF is proposing to amend the definition of ‘rifle’ in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition. The new sentence would clarify that the term ‘rifle’ includes any weapon with a rifled barrel and equipped with15 an attached ‘stabilizing brace’ that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder, as indicated on ATF Worksheet 4999.”

• 1 point: Minor Indicator (the weapon could be fired from the shoulder)
• 2 points: Moderate Indicator (the weapon may be designed and intended to be fired from the shoulder)
• 3 points: Strong Indicator (the weapon is likely designed and intended to be fired from the shoulder)
• 4 points: Decisive Indicator (the weapon is designed and intended to be fired from the shoulder

The ATF would consider any gun with a score of four or more points an SBR.  Firearms over 13 ½ inches would automatically be an SBR.  If a pistol has a standard buffer tube, then the firearm would be assigned two points. The ATF would consider any gun that is over 120 ounces unloaded an SBR.

More confusingly, if a firearm has flip-up sights, then the ATF would give that gun one point towards becoming an SBR. The ATF would assign a gun with a red dot two points.  The ATF doesn’t see why a shooter would use a red dot pistol on a pistol.

The ATF would assign any gun with a hand stop two points.  That would put any firearm with a hand stop halfway to becoming an SBR.  The ATF would consider any gun with a secondary grip as an SBR.

[ … ]

The first choice is turning the guns into the ATF.  The ATF says this choice would be at “no-cost” to gun owners.  This move is gun confiscation.  The second choice would be to install a barrel that more than 16 inches long.  The third choice is to pay a $200 tax stamp and register it as an SBR.  The final option would be to modify the brace and not sell it to anyone in the future.

The document gives some alternatives. These alternatives include making the rules just guidance. That chance would mean that they would not have the force of law.  Other alternatives include grandfathering all firearms with braces or forgiveness of the tax stamp fee.

Sounds like a beauty contest where contestants answer panelist questions about solving world hunger.

They must be trying to outdo the complexity, stupidity and arbitrariness of 18 USC 922r.

UPDATE: Via David Codrea, GOA.

“Nearly every aspect of the Proposed Rule is either arbitrary and capricious, in excess of the agency’s jurisdiction, or in conflict with either statute or constitutional right. Often, it is all of the above. Numerous times, the Proposed Rule purports to blatantly rewrite federal law to suit ATF’s agenda.”

The Reload.

An internal Department of Justice document explaining how the Biden Administration plans to restrict so-called ghost guns was leaked on Tuesday.

The 107-page document, obtained by The Reload, outlines changes the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) wants to make to outlaw the sale of homemade gun kits by unlicensed manufactures. At the direction of President Joe Biden, the agency plans to propose federal rule changes, which would require anyone selling unfinished firearms receivers to obtain a federal license and mark the parts with a serial number. Anyone who continues to sell unfinished receivers without a license could face federal felony charges.

Utterly unconstitutional.  What are we going to do next?  Serialize springs and pipes?

Guns.com.

On April 8, U.S. Rep. Jamie Raskin, D-Md., announced two new gun control proposals, H.R. 2426 and H.R. 2427. The former deals with making it illegal to give a firearm to someone who has had their state license to possess or purchase firearms revoked. The latter is termed the National Firearms Act Modernization Act and aims to increase the tax rates on NFA-regulated items such as machine guns, short-barreled rifles and shotguns, and suppressors.

Noting that the tax amounts in the NFA, established in 1934, have not changed since enacted – for instance, $200 in 1934 would be the equivalent of $3,925 in 2021 – Raskin’s proposal would immediately bump the rates by 50 percent. This would make the basic $200 tax stamps on most NFA transfers $300 moving forward. After that, the rate would increase in line annually with the federal cost-of-living adjustment.

At the same time that Raskin’s tax spike scheme was being unveiled, President Biden was announcing he would order the Justice Department to issue a proposed rule within 60 days, “to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act.”

Just keeping you informed.  This is what your betters expect you to do.

This is an ugly picture.  The new nominee to head the ATF went on Chinese television (CGTN America) to shill for gun control in America.

Via friends David Codrea and Len Savage, nearly 400 million checks since its inception 20 years ago.

That doesn’t include concealed carry checks (where the certification suffices in lieu of the check) or before NICS.

The ATF has withdrawn its pistol brace guidance.  This may have come from Trump.  We have no way of knowing.

This may have come from the fact that bloggers like me have covered this in such detail and with such derision (although it’s doubtful).  It may be from more public articles like ones written by David Codrea.  This may have been due to multiple congressmen weighing in with derision.

This may have been due to videos like Mr Guns ‘n Gear weighing in with such derision (here is his take on the withdrawal).  It may have been due to the utter derision with which reddit/firearms treated the ATF and its rule making.

I’ve seen and been involved with rule making before, and I confess that I’ve never seen such comments made to the FedGov before on a proposed rule.  The ATF should have been rightly concerned.  I predict noncompliance would have been 100%, and I frankly wouldn’t have wanted to be an ATF agent under such rules (but then I wouldn’t want to be an ATF agent anyway because I have moral scruples).

We may never know why the ATF chose to do this, and why they chose to do it now.  But I do disagree with Mr Gun ‘n Gear, who claims that “we’ve won (for now).”  No, we haven’t won.  For those relying on the pen being mightier than the sword, that will not always obtain, and it may not have this time.

One thing we can be sure of, though, is that this is not over.  Ryan Cleckner has outlined a number of gun control initiatives likely to occur in a Biden administration, and he’s right that they would love all of them.  Whether they will get them all is another story.  Another story still is whether, even if they get any of those initiatives, the public will care enough to oblige the FedGov with compliance.

But they will try for all these initiatives, and they will try this pistol brace ruling again at another time.  When they do, the boys from reddit/firearms will send them the same brutal comments they did before, and probably worse.  They were virtually daring the ATF to try something like that.

This was just a skirmish – the real battles are yet to come.

UPDATE: “TTAG has learned that the final straw that persuaded the ATF to back down and withdraw the guidance was serious pressure applied by Senate Majority Leader Mitch McConnell. A call took place over the weekend involving a number of firearms industry companies and McConnell’s office.

McConnell’s subsequent involvement in the matter, along with fast and furious (to coin a phrase) activism from the gun rights community in opposition to the ATF’s proposed move were what resulted in this evening’s win.

More details may be revealed over time, but this is an unqualified victory.”

That’s interesting detail, but no, it’s not an “unqualified victory.”  This is a strategic decision by the ATF.  This will come around again.

We previously discussed the ongoing tribulations of Polymer80 here and here.  I told you the real intent behind all of this was to locate buyers of the kits.  As it turns out, I was right.

The reader stated that on the afternoon of December 10, 2020, they were visited by the ATF and were requested to surrender any Polymer80 kits. The ATF took custody of the Buy Build Shoot Kit and provided them with a receipt for the property. In the “Basis for Transfer or Seizure of Items” box, the ATF agent wrote “Polymer80, Inc. Investigation”. The email to TFB stated:

They are also going after customers. Had ATF at my house approximately 1pm yesterday telling me I need to surrender my P80 or he would return to raid my house with a warrant. Enclosed is my surrender sheet for proof. If anyone purchased a “Buy, Build, Shoot” kit from them they will probably be hearing from the ATF as well.

In my previous more amusing post (taken from reddit/firearms) on the ATF statement, one reader had a question on this and more explanation is required.

The ATF has allowed / will allow / no one knows if they will allow 80% receivers to be sold as non-firearms.  They have also allowed other required other parts to be sold that the builder needs to turn this into a firearm.

Apparently, the ATF doesn’t like the parts being sold as a kit (“Not a firearm becomes a firearm if in the same box as other not a firearm.  The status is unknown until your dog is dead”).  Those who purchased them separately (it is presumed) will not receive a visit from the ATF.  Thus, the reference in the cartoon to contradiction and paradox, with the subject being Schrödinger’s dog rather than Schrödinger’s cat, since the ATF likes to kill dogs in raids.