Nothing that that corrupt bastard does would surprise me. He has, bit by bit expanded presidential powers significantly. An executive order here, a bypass of congress there, a recess appointment here, assigning power to un-elected, un-approved czars there.
We the people, the congress and the press sit by idly watching our freedoms eroded and like fools, we re-elected him.
“This was done with the streetsweeper shotgun, and remains even after x-rails and Saiga shotguns.”
That’s because shotguns, being metallic cartridge weapons with bores larger than .5″, are all Destructive Devices by definition, and even the humblest single-shot H&R Topper exists only because of a ‘sporting purposes’ regulatory exemption to the statutory definition.
Given the “readily restored” definition that ATFE has SUCCESSFULLY used for decades to define guns as machineguns (including some guns that NEVER had previously been fully automatic), I could easily see some numbnuts proposing this, and clueless Chicago machine pols (i.e., pretty much the entire White House appointee staff) saying, “Yeah, that’ll work!”
After all, teh SUCCESSFUL standard ATFE can point to in a precedent includes “no more than eight yours, by a skilled gun smith, in a fully equipped machine shop.”
(Of course, by THAT standard, anyone with a chain link fence owns dozens or hundreds of “readily restored machinegun receivers”, anyone with a block of aluminum owns a “readily restored M16”, etc. Which is why ATFE careerists in Tech Branch would be screaming “NOOOOOOOOO!!!!!!!!”, lest the entire idea of “readily restoring” anything that had not previously BEEN a bona fide, functional, firearm, be utterly thrown out. Including unfinished recivers for both Title I and II guns. But then, replacing ANY of the Heller Five with an Obama appointee by the time teh appeal gets to SCOTUS might make it fly. . . )
Bwahahahahahaha!!!!! OF COURSE he can do it. Who the hell is gonna stop him? The Republicans? Those cowards are afraid of their own shadows.
He told Congress to stuff it on the whole “Mini-DREAM Act” debacle, didn’t he? He said he couldn’t do it legally (in a speech) a few months before he went ahead and did it anyway. I’m still waiting for the Republicans to draw up Articles of Impeachment on what was clearly an illegal EO. All I hear is crickets: no, no, wouldn’t be prudent, wouldn’t be helpful, the Hispanic vote, dontcha know.
As for people disobeying the law. Well, that remains a theoretical possibility. After the election, I am more convinced that Americans wouldn’t know the difference between freedom and slavery if it came up and bit them in the ass.
Well, to be honest, it wasn’t ATFE who defined silencers and DIAS as Title II “firearms”:
Those are statutory definitions from Congress. When ATFE says DIAS are “machineguns”, they are merely using the definition EXACTLY AS WRITTEN that the parts that you can drop in an unaltered and legal semiauto and make it go fully auto are “machinegun conversion parts”, and “machinegun conversion parts” are a defined category of “machineguns”. likewise, “silencers” are specifically defined as “firearms” in the law.
The “readily restored” = “can be converted in a day by an expert” interpretation they USE, on the other hand, is made up out of whole cloth. Just like the CLEO signature requirement on NFA paperwork and the “once a machinegun, always a machinegun” decision (which ATF LOST in court, but refuses to acknowledge the ruling as being precedential).
I realize that, and I agree with you…but if they can call a silencer a gun, and a sear a machine gun, I don’t feel so confident that they can’t find a way to call a semi-auto a machine gun, probably along the lines you are suggesting.
Actually, while Colt LOVED to make receivers that were dimensionally inclable of taking full auto gus without milling, and they neutered bolt carriers, actually you CAN use a full auto bolt carrier with no legal problem, and you CAN have a legal semiauto receiver that (aside from the autosear hole) are dimensionally the same.
Colt (and a few others, IIRC), just wanted to go the extra mile, to try and frustrate people who dared try and Form 1 a Colt sporter into a machinegun, rather than pay Colt directly.
Basically, if you didn’t have a receiver where the FCG pocket is the same size as full auto, you’d have to mill out room for the DIAS. This is the diffference between “low shelf” (DIAS-capable) and “high shelf” (Colt trying to prevent you from installing a DIAS).