Saturday, May 8, 2021

BATFE Does Friday Drop on Proposed “Ghost Gun” Rules

In keeping with the longstanding tradition of releasing heinous laws late on Friday, when the press has gone home (as if they'd report it anymore), the BATFE announced NPRM 2021R-05, called "Definition of a "Frame and Receiver" and Identification of Firearms."  Except the NSSF Ammoland News did report on the rule drop.  BATFE says the rules
  • Provide new definitions of “firearm frame or receiver” and “frame or receiver”
  • Amend the definition of:
    • “firearm” to clarify when a firearm parts kit is considered a “firearm,” and
    • “gunsmith” to clarify the meaning of that term and to explain that gunsmiths may be licensed solely to mark firearms for unlicensed persons.
  • Provide definitions for:
    • “complete weapon,”
    • “complete muffler or silencer device,”
    • “privately made firearm (PMF),” and
    • “readily” for purposes of clarity given advancements in firearms technology.
  • Provide a definition of “importer’s or manufacturer’s serial number”
  • Provide a deadline for marking firearms manufactured.
  • Clarify marking requirements for firearm mufflers and silencers.
  • Amend the format for records of manufacture/acquisition and disposition by manufacturers and importers.
  • Amend the time period records must be retained at the licensed premises.
I can give you the short answer to any bullet point that refers to definitions: it's whatever we say it is. 

More seriously, I think the rules are arbitrary and don't really define the things they claim to define.  They clarify nothing.  They're saying, more than ever, "whatever we say is a firearm is" and "whatever we say is readily converted is." 
“More than one externally visible part may house or hold a fire control component on a particular firearm, such as with a split or modular frame or receiver. Under these circumstances, ATF may determine whether a specific part or parts of the weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification.”
Got that? Any and all parts visible from the outside of the gun which may "house or hold" a fire control component is a gun.  ATF alone may determine whether any part or parts of the weapon may be frame or receiver, and the only thing they seem to say is not a frame or receiver is something only visible by disassembling the gun.  The direct reference to a "split or modular frame or receiver" is apparently trying to fix the problem that their definition of a receiver has been ruled by judges as not applying to an AR-15.  This opens the door to them declaring that AR upper receivers are guns and require a background check.  Which further opens the door to one upper and one lower being associated with each other and You Shall Not swap different uppers onto your lower receiver.  You must buy both. 

Note that in the webpage description on the ATF web page, there is no definition provided for the statement above: “readily” for purposes of clarity given advancements in firearms technology.  The previously discussed version of "readily" included eight hours work in a well-equipped machine shop, which is beyond absurd.  That means blocks of aluminum bar stock are readily converted guns.  I can't see how that could stand a challenge.  In searching the text of the regulations (pdf here), I see no definition of "readily be converted" or "readily be completed."  It's all just jargon that reduces to "when we say it is."  On page 108 of 115 there is a list of eight things that go into consideration of "readily" but offers no clues to what they consider readily or not readily.  

I understand that they want it to be loosely worded enough that they have the ultimate power of life or death over anyone who wants to make their own guns, but being that loose - just creating the term without defining it precisely - is just wrong.  This is the way it has always been, and their line about clarifying the term is bullshit.


The fine folks at 80% arms list this 0% AR-15 lower receiver - I'm guessing that's done as a joke.  That said, at $28.99 (today) they're cheaper than Online Metals, who sells to us low quantity buyers. 



13 comments:

  1. "... the right of the people to keep and bear Arms shall not be infringed."
    If SCOTUS negates this statement, what happens next?

    ReplyDelete
    Replies
    1. It then reverts to each state to decide. The Constitution makes it clear that all three branches of Gov't are equal, with no branch (Judicial) having the authority over the others. Of course, it will have, if you allow it.

      Delete
  2. BATFEces exists....as do ALL Fed agencies....NOT to address actual crime but to turn citizens into criminals. And like pretty much ALL Fed agencies they need to be defunded, disbanded and see most of their employees imprisoned.

    ReplyDelete
  3. Well, duh. The BATFE has 'determined' before that someone with machine tools and metal in the same room showed 'intent' and therefore 'violated' BATFE rules, or something.

    This piece of dogsqueeze... Yikes. And I don't trust 8 of the 9 Supremes to rule according to the Constitution. Thomas? He's the man. The others? Firing squad time...

    ReplyDelete
  4. We know the ultimate goal behind these rulings, and crime control or saving lives is not it. As for “ghost guns,” I have yet to be convinced how lack of a serial number on a firearm makes the arm more lethal or dangerous. Or that the ability to track the life of a firearm ( by serial #) from birth to confiscation has any effect on reducing crime.

    Its all theater by the KGB to convince the useful idiots that guns are evil and must be eradicated from civilian hands. The effect of all gun laws is to disarm the law abiding. The cartels and well funded gangs will always have a steady supply of guns and ammunition from across the border. And the Chinese will readily supply the arms if asked. If tons of drugs get thru every day without detection so will tons of arms. And open borders facilitate and enhance smuggling of contraband. Its clear the actions of federal agencies are at odds with each other. The job of the DEA and ATF is among other things to control illegal drugs and guns. Open borders, open prisons, lack of enforcement of standing gun and drug laws all work against the missions of these agencies. So whats really going on ?
    Its not hard to figure out. The communists (democrats) have told us.

    ReplyDelete
  5. Joe McCarthy was concerned about 247 people with ties to the Communist Party.

    It is quite evident that there are NOT 247 people in government at all levels that are not full blown OPERATING commies destroying our country. It is time to permanently purge these scum from walking the face of the Earth.

    ReplyDelete
  6. two pieces of pipe a nail and end cap now need a serial number? Background check?

    ReplyDelete
  7. The BATFE has now put itself in the position of the gun controllers in Connecticut, California, New Jersey, etc. There are millions of law-abiding people who have built at home. Any systematic attempt to prosecute them for failing to register is not going to be accepted. Given this reduction in the ability to prosecute, I wonder what interesting new gun-related behaviors will become legal? Maybe everybody will finally add mufflers.

    Definition of "legal": whatever the law enforcement system doesn't prosecute.

    ReplyDelete
  8. They are not going to no-knock very much. They're not that brave; I very seriously doubt that Beto the spaghetti-armed Anglo Mexican Hosenscheisser would lead a raid, or even sit in the repurposed police APC behind bulletproof glass. No, these laws are for the most part add-ons....when they pull you over for 3mph over the limit or a dead taillight, and find a weapon when they unlawfully search the vehicle. THEN they go to your home, while you're in the cooler. THEN the charges pile up, to make an example of you. They would never challenge you like a man, nose-to-nose. That's not their way. Officer Safety MUST be present for baseball practice, soccer and dinner with the family. Tyranny, 8am to 5pm, is much preferable to them.

    ReplyDelete
    Replies
    1. these laws are for the most part add-ons....when they pull you over for 3mph over the limit or a dead taillight, and find a weapon when they unlawfully search the vehicle. THEN they go to your home, while you're in the cooler. THEN the charges pile up, to make an example of you.

      If that https://en.wikipedia.org/wiki/Game_theory was correct, then that would already have started happening in Connecticut in 2014. It's not happening.

      Delete
  9. So Pipe at Home Depot is now a Firearm?

    'cause you can make a sten gun in less than 8 hours...in a garage. This I know. And you don't need a "well equipped Machine Shop" either.

    ReplyDelete
  10. One Online Dictionary hotlinks the definition of "beclowning" straight to the BATFart website.

    This is all you need to know.

    ReplyDelete
  11. This is how civil wars get started...

    ReplyDelete