Last August, when I wrote my comments to the BATF NPRM 2021-R05 on
frames and receivers, I emphasized that they said they were going to clear up
the definition of "readily converted" but did nothing remotely of the sort. In every single place where they could have clarified it, they refused
to do so. I told them they could substitute the word convenient and it would
seem to cover what they were trying to do. Of course, they didn't define
convenient, either.
The whole NPRM, at least as related to Privately Made Firearms, could be
summed up in a cliche'. I concluded my comment to the rule with:
In a now famous 1964 Supreme court ruling, Justice Potter Stewart declared,
“I can’t define pornography, but I know it when I see it” (Jacobellis v.
Ohio 378 US 184). The Bureau has moved the definition of pornography
into Privately Made Firearms.
You have to do better.
In my comments
here on the blog, I was a little more prosaic, spending more time on the ruling being aimed
at making the whole process less convenient. I said.
This turns the question into how inconvenient does ATF want the process to
be? Is it acceptable to order the frame from Polymer80 and the parts
to complete it from Midway USA? Do we need to order the internal parts
as one part per vendor; buying from 10 or 20 vendors instead of just
one? How about if between every step we have to go run around the
block? What's that, ATF? Between every step we need to crawl
across Death Valley on our hands and knees?
Conveniently packaged is just as nebulous a concept as readily
converted. We should get precise, repeatable definitions. Instead,
for everything we get the crutch of tyrants everywhere: we'll know it when we
see it, because we're the experts.
Like the headline says, I underestimated just how stupid they could or would
be. In a story that didn't get much coverage,
the BATF this week served a Cease and Desist order on a supplier of
uncompleted frames called JSD Supply in the Philadelphia area. Reality came up between my hypothetical examples of ordering the
frame from Polymer80 and the parts to complete from Midway USA or requiring us
to buy parts from 10 or 20 different suppliers.
The order originated from the ATF’s Philadelphia field office.
It stated that JSD Supply could not sell both unfinished frames and
firearms parts to the same person no matter if they were purchased at
different times.
If JSD Supply sold a frame to someone, then the customer comes back to the
site and buys a gun part; then, according to the ATF, the company sold the
customer a complete firearm without a federal firearms license (FFL) in
violation of the Gun Control Act (GCA). [Bold Added: SiG]
They're saying we can buy all of the parts to complete a frame from one supplier as long as
we didn't buy the frame from the same company, but in no case can a company
that sells a frame EVER, AT ANY TIME sell that person the rest of the
parts. While the article doesn't use those words, the ATF doesn't say in
anything they've said about this case that there's a waiting period after
which the company can sell both the frame and the parts.
Furthermore, the ATF maintains this has nothing to do with NPRM 2021-R05.
The ATF claims this action is independent of the new rule change that was
unveiled last month during a White House Rose Garden ceremony and is due to
go into effect this August. The order claimed it has always been Illegal
under the GCA to sell parts and frames to the same person even if the
transactions were separate.
It has always been illegal, but just now, in May of '22 have we decided to
enforce this law? Yeah, right. Made up, pulled out of the depths
of their asses. They have the Fed.gov's infinite checkbook. A
small business like JSD Supply has a budget they need to stay within. They have the entire Fed.gov military to call for backup. JSD has exactly none.
Like me, you might have heard of JSD Supply as the target of an NBC TV attack.
A New York-based reporter named Vaughn Hillyard went to a gun show outside of
Philadelphia and purchased two unfinished kits. After he bought the two
kits from the JSD Supply booth, he ambushed JSD Supply owner Jordan Vinroe in
the parking lot for an interview. As is virtually always the case, the
interview was selectively edited to smear Vinroe.
This is where the story turns to whether NBC News committed felonies.
After the interview, Hillyard took the two kits to the PA AG’s Office, where
employees finished the kits for him. If a frame and parts kit
isn't a firearm, but a buyer has someone else complete it (turn it into
a firearm) for them, that's illegal. If the frame and parts kits
are firearms, then Hillyard transferred a gun to the Attorney General
to complete it for him. Plus, it appears Hillyard broke the law as a New
York State resident buying a firearm in Pennsylvania without transferring it
back to New York through an FFL on both ends.
Of course, you know the chances of a mainstream media agency or their reporter
being charged with a crime they committed are pretty much "zero point zero" -
to quote Dean Vernon Wormer.
One of the arguments over whether they were going to clarify their positions on
what constitutes being readily converted was that they can't tell us where the line is
because in replacement for today's 80% frames would instantly be "79% frames"
- or 70, 60 or whatever. They don't want people to know what's illegal
because they want to redefine "illegal" to fit the whims of whomever is in
charge. Which is what's happening now.
It looks to me like the Defense Distributed idea of a way to make functional
receivers out of square aluminum bars - "Zero Percent Lowers" - won't be affected. They aren't selling frames, they're selling CNC
milling machines which you can use to make lowers or anything else in its work
envelope. Put in a square bar of aluminum and make a frame. If
they sell you a parts kit (I haven't even looked to see if they do that),
they're like a business that just sells parts kits. The impact will be
bigger on the companies that sell both frames and parts. Those places
will need to track who bought what, and when they bought it.
Yeah, it's Homer with a drill! OK, he's working on a camera and not an AR
Lower, but last August I referred to the difference between a skilled machinist and
Homer with a cordless drill, and found this picture. Even though the drill has a cord.