Archive for the 'ATF' Category

February 13, 2019

Politicizing the ATF

From David Codrea:

During the briefing, the Chief Counsels Office provided a written brief and a PowerPoint presentation, which discussed automatically and single function of a trigger. The brief and PowerPoint presentation, based on the intent of Congress and the statutory text, detailed how even the Akins Accelerator was not a machinegun. However, Acting Director Sullivan decided, against the advice of the Chief Counsels Office, to declare the Akins Accelerator a machinegun.

It was political.

January 03, 2019

NFRTR data

Someone sent a FOIA request to ATF on the database that tracks machineguns and got this:

Pre 86 (transferables): 175,977
Sales Samples (pre May keepers): 17,020
Restricted 922(o) (posties): 297,667

December 19, 2018

About that bump stock ban

There has already been a lawsuit filed against the ban:

Today, attorneys for an owner of a bump-stock device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administrations new confiscatory ban on firearm parts, additionally challenging Matthew Whitakers legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate or by operation of law. A copy of the court filings can be viewed at www.bumpstockcase.com.

The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation. The lawsuit, captioned as Guedes, et al. v. BATFE, et al., is backed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF), also institutional plaintiffs in the case.

Meanwhile, the NRA is disappointed.

And if you need instructions on how to properly destroy your bump stock, that you may have lost in a boating accident, the ATF has instructions.

While we gun nuts no that this a stupid ruling with no basis in the law, I doubt that we will win this issue due to public perception and the general ignorance about firearms most people have.

December 13, 2018

From Vice, even

Prosecutors don’t want jurors to know about Operation Fast and Furious:

Operation Fast and Furious is among the most epic boondoggles in the history of federal law enforcement, which probably explains why federal prosecutors dont want jurors in the trial of Sinaloa cartel leader Joaqun El Chapo Guzmn to hear anything about it.

Fast and Furious was intended as a sting operation by the Bureau of Alcohol Tobacco and Firearms to bust gun-runners and straw purchasers along the border. But it ultimately led to American firearms being sent to Mexican cartels and later linked to murders, including the fatal shootings of a Border Patrol agent in 2010 and an ICE agent in 2011.

Altogether, the ATF lost track of about 2,000 weapons, some of which ended up in the hands of El Chapos Sinaloa cartel. Most notably, after El Chapo was captured following a shootout in the city of Los Mochis in 2016, a Barrett .50-caliber rifle linked to Fast and Furious was found inside the drug lords hideout.

December 12, 2018

To avoid another bump stock type decision

ATF will no longer issue accessories classifications. All accessories must be attached to a firearm.

December 06, 2018

Did they give the Mexican cartels gift cards?

ATF tries to be helpful. Hilarity ensues.

December 04, 2018

So, duty to report?

The ATF had a machine gun and a handgun stolen out of one of their vehicles.

November 15, 2018

And like that, thousands of people are felons

I interrupt a blogging break for this breaking news.

It appears that the Department of Justice is about to ban bump stocks. I say about to because the Final Action is slated for the imaginary date of 12/00/2018. The new rule:

This rule is intended to clarify that the statutory definition of machinegun includes certain devices (i.e., bump-stock-type devices) that, when affixed to a firearm, allow that firearm to fire automatically with a single function of the trigger, such that they are subject to regulation under the National Firearms Act (NFA) and the Gun Control Act (GCA). The rule will amend 27 CFR 447.11, 478.11, and 479.11 to clarify that bump-stock-type devices are machineguns as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.

This is nonsense because the assertion that allow that firearm to fire automatically with a single function of the trigger is demonstrably false. This should require a law passed by congress, which this rule unironically acknowledges. And then there’s the analysis of the rule’s economic impact being significant:

The rule will be “economically significant,” that is, the rule will have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or communities. ATF estimates the total cost of this rule at $320.9 million over 10 years. The total 7% discount cost is estimated at $234.1 million, and the discounted costs would be $39.6 million and $39.2 million annualized at 3% and 7% respectively. The estimate includes costs to the public for loss of property ($102,470,977); costs of forgone future production and sales ($213,031,753); and costs for disposal ($5,448,330). Unquantified costs include lost employment, notification to bump-stock-type device owners of the need to destroy the bump-stock-type devices, and loss of future usage by the owners of bump-stock-type devices. ATF did not calculate any cost savings for this final rule. It is anticipated that the rule will cost $129,222,483 million in the first year (the year with the highest costs). This cost includes the first-year cost to destroy or modify all existing bump-stock-type devices, including unsellable inventory and opportunity cost of time.

They are willing to destroy a lot of economic value and make a lot of people criminals with an arbitrary and unlawful ruling. So, all you folks who bought bump stocks, what are you going to do when this thing passes?

November 01, 2018

Quote of the Day

Joe:

The government thinks interpretation of firearm law by the ATF and distributed to the public is too confusing for a jury to understand when explained to them by two or more lawyers. And they will prosecute individuals who violate the privately held interpretation of the prosecutor and suppress any interpretation publicly distributed by the ATF.

October 29, 2018

NFA laws are dumb, part whatever

The ATF charged a man, who had a pistol brace on his rifle, for possessing a short barreled rifle. The man was following their ruling.

October 18, 2018

It’s still illegal

Fox:

Vietnam War hero sentenced to 7 years for decades-old rifle purchase: report

It’s a pretty heart-wrenching story, to be sure. But there is no NFA exception for 70 year old veterans.

October 15, 2018

Over at Judicial Watch

Tom Fitton on NRA TV: Obama ATF Tried to Do End-Run Around 2nd Amendment by Banning Ammo

October 01, 2018

Perhaps not arbitrarily making gun laws is a start?

A year after Vegas shooting, ATF emails reveal blame, alarm over bump stocks.

ATF stated they were suddenly thrown into the political by NRA, who pointed out they were ATF approved.

September 11, 2018

More NFA silliness

People put forth a lot of time and effort in getting around NFA laws. The latest is the bicep brace:

Basically, because some gun laws ban things “that are shouldered”, this, and the arm braces before them, get around the whole shouldering thing. It’s ATF approved.

More info here.

August 27, 2018

But muh iron pipeline

It’s often asserted by the anti-gun side that guns used in crimes in states with strict gun control mostly come from out of state. In fact, the anti-gunners made up the term “iron pipeline” to refer to this. Turns out:

ATF finds nearly half of guns traced last year in Maryland were bought locally

August 21, 2018

ATF claims there’s no database

From a poster at subguns.com:

send a FOIA request to ATF for the registration history of my pre-86 MGs, just in case. Included the address for NFA branch and my serial and model numbers in the request, just in case my request was assigned to an idiot.

Got a response today, signed by the head of the disclosure division, clearly, unambiguously, and twice stating that ATF has not maintained any data on any registration of any firearms since 1979, none, and since ATF has no firearms registration data, at all, my request is denied.

I’d like to see the FOIA. I’m not an expert on NFA firearms law but, as I understand it, ATF maintains the National Firearms Registration and Transfer Record. If there saying there is no such record, that would be kind of a big deal.

August 16, 2018

Las Vegas shooting stuff

Apparently, ATF was not allowed to inspect the shooter’s weapons. This, according to Len Savage, is not good:

ATF did not disclose that they had not examined the firearms prior to promulgating the rule, firearms designer and Historic Arms, LLC President Len Savage notes. And now that the comment period is closed should they go forward with this rule under the Administrative Procedure Act that information can not be used in a court challenge because it was not submitted prior to closing of comments.

DOJ is manipulating the APA to make sure that information will NOT be used to shoot down the rule, Savage concludes. Does ATF prosecute its firearms cases like it promulgates rules, without ever looking at the evidence? ATF is currently attempting to criminalize an industry and a large swath of the population and NEVER looked at any evidence? They claim they were not allowed’? By whom?

August 07, 2018

Most of you probably know this

But in case you don’t: The ATF Explains the Law Surrounding 3D-Printed Guns

Hint, there really aren’t any.

July 30, 2018

Another oddity of current gun laws

ATF has determined that bolt action .50 caliber upper receivers for AR-15s are firearms. Technically, I don’t think they are wrong.

June 27, 2018

Bump stock rule change

Today is the last day to comment on the proposed changes. You can comment here.

ATF is looking like it will reverse it’s 10 previous rulings that these are not machine guns, at the direction of Trump and Sessions. And they’re doing so by disregarding the law.

June 21, 2018

More stellar performance from ATF

ATF Agent gets Probation for Sneaking into Female Restrooms to take Pictures

What’s with these guys?

June 13, 2018

Weaponized government

Barack Obama weaponized the government for use against his political opponents. The IRS, Operation Chokepoint, Consumer Financial Protection Bureau, etc. He was, of course, planning on handing that over to Hillary. Oops.

Apparently, weaponizing the government is just what democrats do: Unable to Ban Guns, Lawmakers Want to Weaponize the ATF Against Gun Dealers

As to their big plan:

Ostensibly, the “Keeping Gun Dealers Honest Act” (a name that maintains the congressional tradition of pompous bullshit) is aimed at “gun dealers who engage in illegal sales practices,” which is to say it’s supposed to make it more illegal to do illegal stuff. This isn’t a new practiceRepresentatives Ted Deutch (D Fla), Jim Langevin (D R.I.), and Gwen Moore (D Wis.) are hardly alone among lawmakers in thinking that what the country with the highest incarceration rate in the world (although we should take a few countries’ official numbers with a grain of salt) needs is more people behind bars. And these three are also in good company in thinking that augmenting legal penalties with arbitrary harassment is the key to a better world.

Let’s make it illegaler!

May 24, 2018

ATF says “overall length” is when it’s folded

In a reversal of past interpretation, they are now saying guns with braces on folding stocks are Any Other Weapons.

ATF can’t keep the gun laws straight.

May 22, 2018

Bump stock stuff

The CSM: With lack of incentives, few Americans are giving up their bump stocks

Why would they?

Of course, if the proposed federal ban on them, in which the bureaucracy is making up law from nothing, goes through, a lot more people will be ex post facto criminals.

IIRC, after ATF arbitrarily decided to ban the Akins Accelerator, they got a warrant for the sales records from the company. Then mailed letters to those who had purchased them to remove a spring. So, did you buy a Slidfire? They’ve shut down by the way. I did. Did you pay cash? I didn’t. So, I imagine at some point in the future, presuming the ban goes through, I’ll get such a letter.

I plan on turning mine over to my attorney while we discuss legal options.

April 04, 2018

If ATF were held to standards they hold dealers to . . .

ATF lost track of at least 31,000 rounds of ammo.

March 19, 2018

Good

But I doubt it will go anywhere: Yes, The ATF ARE Investigating The Dumb Anti-Gun Virginia Candidate Who Sawed The Barrel Of An AR-15

I’m skeptical

The Justice Department wants more money so ATF can process NFA paperwork faster. And I’m sure the always think forfeiture crowd will only use the money for that.

March 06, 2018

Enforcing the laws on the books

New Gun Bill Would Mandate Reporting of Buyers Blocked by Background Check:

A bipartisan group of senators today unveiled legislation requiring federal authorities to notify state law enforcement officials when a person barred from purchasing a gun attempts to do so.

Shouldn’t they maybe inform the ATF?

February 21, 2018

I’m sure the ATF will get right on this

Some idiot decided to destroy his AR-15 after the Florida shooting to keep a gun off the street or something. The problem for this guy is that he just cut the barrel. That gun can still fire. But it won’t cycle. So he has, inadvertently, made a short barreled rifle, which is illegal.

At least this other idiot did it right.

February 14, 2018

ATF determinations from the future

I laughed. That that could be a serious philosophical exercise shows how silly gun regulations and laws are.