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This tag is associated with 10 posts

TFB EXCLUSIVE: NFA Process Modernized For Fast Approvals

(from The Firearm Blog)

Without rule changes, regulation amendments, politicians or legislation, a partnership between the U.S. government and a small private industry group has dramatically changed the process in which National Firearms Act (NFA) controlled items are transferred between individuals and entities. There is now a system in place within the BATFE’s NFA DIvision, that will allow nearly everyone who files a Form 4 to transfer controlled items, such as silencers, a genuine chance at receiving approved forms in a few short months. Alongside the ATF, three silencer industry stalwarts spearheaded the best modernization of the registry in 83 years: Dead Air Armament, GEMTECH and Silencer Shop.

The goal is to have wait times down to a fraction of current levels.

click above for the full article!

Who knew a government bureaucracy, responsible for controlling and monitoring Title II Class III weaponry would cooperate with both citizens and private corporations to lessen some of the governmental nonsense!?

(I suspect these changes weren’t authorized by the previous administration! – Guffaw  😛  )

(and now for something completely different! – with apologies to Monty Python for using this intro.)

A Judy Update

Judy came through her shoulder surgery yesterday with flying colors.  The next test is navigating today, with the local nerve block wearing off!  She does have pain meds, and the ice jacket (obtained last time through your generosity and kindness!)  Thanks again for your kind remarks emails, good thoughts and prayers! – Guffaw

AH! The ‘Stuff’ Of The Internet…

I try to limit the flotsam and jetsam (i.e. Spam) in my primary email inboxes.  Not because I fear viruses (I do!) but because they are a waste of time.

But, spam filters being imperfect, sometimes ‘things’ get through!

Witness below:

(From a free DVD!)

Would You Like To Own A 100% Legal Glock 9mm That The Government Doesn’t Know Exists?…
Using Nothing But A Hacksaw, File, Drill And This Breakthrough FREE DVD You Can Literally Create A Fully Functional Undetectable Glock 9mm In Your Garage In Under An Hour, Just Like This…
P.S. This is currently 100% legal in all 50 states and I’d love to give it to you for free right now…
(Now, if memory serves, BATFE rules state you can ‘make’ your own firearm for personal use.  Whether or not this kind of ‘making’ is allowed under the rules I’m reluctant to test!  And the rules may have been changed w/o them notifying me!)
Not to mention, I’m mechanically challenged.  I can completely disassemble (and reassemble) a standard AR15, a S&W ‘old-school’ revolver and most Browning-designed semiautomatics.  I ‘accurized’ a 1911 by taking a raw barrel bushing and using only my hands, sanded the barrel contact surface until the barrel just made it through.  Took about 4 hours.
BUT, building a ghost gun from parts?!
Yeah, I don’t know…
Plus, what if you are carrying it and questioned by the local police.  Will they know it is technically legal?
And there’s that whole BATFE thing!
Not for me!
To the spam cave!
(If you are interested in such things, I’m certain the Internet will provide the link.  I won’t.)

 

ATF White Paper Leaked

(in part from TFB)

There are some bold issues being addressed. One of which is point 5, the use of a stabilizing brace.

5.  Firearm Arm or Stabilizing Brace:
Manufacturers have produced an arm brace or stabilizing brace which is designed to strap a handgun to a forearm to allow a disabled shooter to fire the firearm. ATF determined that the brace was not a stock, and therefore its attachment to a handgun
did not constitute the making of a short-barreled rifle or “any other firearm” under the
National Firearms Act (NFA). (NFA classification subjects the product to a tax and registration requirement.) In the determination letter, however, ATF indicated that if the brace was held to the shoulder and used as a stock, such use would constitute a “redesign” that would result in classification of the brace/handgun combination as
an NFA firearm (i.e., the “use” would be a “redesign” and making of a short – barreled rifle). ATF has not made an other NFA determination where a shooter’s use alone was deemed be a “redesign” of the product/firearm resulting in an NFA classification. This ruling has caused confusion and concern among firearm manufacturers, dealers, and consumers about the extent to which unintended use of a product may be a basis for NFA classification. To mitigate this confusion and concern, ATF could amend the determination letter to remove the language indicating that simple use of a product for a purpose other than intended by the manufacturer – without additional proof or redesign – may result in re-classification as an NFA weapon.
While many at ATF are concerned about manufacturing processes continuing to push
the boundaries between a Gun Control Act (GCA) and an NFA firearm, ATF has a
relatively consistent history of what crosses the line between GCA and NFA firearms
with which to draw from, and still maintains the ability to exercise good judgement with
future requests based upon the firearm’s individual characteristics
.

This could change their determination that came out back in 2015 that using a brace could constitute a redesign. As Adam Kraut had explained, misusing a product is not the same as redesigning or manufacturing.

If that got you excited wait until you see what else they got cooking.

Next up is the point about Slencers.

Silencers: Current Federal law requires ATF to regulate silencers under the NFA. This
requires a Federal tax payment of $200 for transfers, ATF approval, and entry of the
silencer into a national NFA database. In the past several years, opinions about silencers
have changed across the United States. Their use to reduce noise at shooting ranges
and applications within the sporting and hunting industry are now well recognized.
At present, 42 states generally allow silencers to be used for sporting purposes. The
wide acceptance of silencers and corresponding changes in state laws have created
substantial demand across the country. This surge in demand has caused ATF
to have a significant backlog on silencer applications. ATF’s processing time is
now approximately 8 months. ATF has devoted substantial resources in attempts to reduce processing times, spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing. Despite these efforts, NFA processing times are widely viewed by applicants and the industry as far too long, resulting in numerous complaints to Congress. Since silencers account for the vast majority of NFA applications, the most direct way to reduce processing times is to reduce the number of silencer applications. In light of the expanding demand and acceptance of silencers, however, that volume is unlikely to diminish unless they are removed from the NFA. While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated. ATF’s experience with the criminal use of silencers also supports reassessing their inclusion in the NFA. On average in the past 10 years, ATF has only recommended 44 defendants a year for prosecution on silencer-related violations; of those, only approximately 6 of the defendants had prior felony convictions. Moreover, consistent with this low number of prosecution referrals, silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety necessitating NFA classification, and should be considered for reclassification under the GCA.
If such a change were to be considered, a revision in the definition of a silencer
would be important. The current definition of a silencer extends to “any combination of
[silencer] parts, ” as well as “any part intended only for use in” a silencer. Compared to
the definition of a firearm, which specifies the frame or receiver is the key regulated
part, any individual silencer part is generally regulated just as if it were a completed
silencer. Revising the definition could eliminate many of the current issues encountered
by silencer manufacturers and their parts suppliers. Specifically, clarifying when a part
or combination of parts meets a minimum threshold requiring serialization would be
useful.

These two points are huge. There are other great points addressed in the White Paper and I encourage you to read it all.

The conclusion of the White Paper addresses it nicely:

There are many regulatory changes or modifications that can be made by or through ATF that would have an immediate, positive impact on commerce and industry without significantly hindering ATFs mission or adversely affecting public safety.
There are also areas where adjustments to policy or processes could improve ATF operations. Alleviating some of these concerns would continue to support
ATF’s relationships across the firearms and sporting industry, and allow ATF to further focus precious personnel and resources on the mission to combat gun violence.
The future looks bright and I hope the ATF accepts these issues and solutions.
I wonder if this ‘reversal’ of some contentious regulations has anything to do with the rumor that the President, in his consolidation and streamlining of government bureaucracy, wants to eliminate the BATFE and create a division of the FBI to handle such matters?  (Fast & Furious come to mind?)  Are they trying to appear more ‘user friendly’ to their constituency to keep their agency and their jobs?
Naw, not possible…

When Is A Gun Store NOT A Gun Store?

GUN STORE

NOT the Glendale store!

Of course, there’s that store in Glendale, Arizona, (in)famous for allowing straw purchasers to buy quantities of guns for them to smuggle South-of-the-Border, at the behest of the federal government.

The end-recipients were cartels, who used them to murder their own people, and some Americans, and more recently (it’s been reported) some Europeans.

I’ve heard tales of stores who sell to private citizens, pretending they don’t know they are selling to straw buyers, who ultimately sell to unknown folks this side of the border.  As little attention is paid to smuggling into Mexico, it’s possible sales are to individuals (including Mexican police officers) who are simply flaunting U.S. and Mexican gun laws to try to protect themselves from the cartels!  And, being the capitalists they are, the gun dealers are looking the other way, knowing if they don’t do the sale, the store up the street will!

When outlining this post, another example came to my memory.  Not far from the now-defunct Royal Bookstore (as recounted in these pages), a small gun shop appeared.  The ubiquitous U-shaped glass display case, containing perhaps 40 handguns, and some long guns on the wall.

With a staff of eight or nine guys, all visibly armed!

SERIOUSLY – how can they afford to pay that many clerks?

I’d stopped by to check out their wares a couple of times, and the last time found them to be closed.  I then went to the nearby bookstore to see if they knew what had occurred.  It seems the gun store had been a front for a bookmaking operation!  This explains the large number of staff!

Hopefully, with Gunwalker (Fast & Furious) having made the front pages through the death of federal agents, legitimate gun stores have tightened up their procedures and are no longer allowing straw purchases!

Interestingly, the Glendale store remains in business!  :-0

 

GUNSWIMMER

Remember GUNWALKER aka Fast & Furious, wherein the U.S. Government facilitated the illegal sale of firearms to have them smuggled across the Mexican border?  The idea was they could then be tracked to the end users and arrests would be made?

And the FUBAR* result, where thousands of Mexicans were murdered, and a number of Americans also, including some federal law enforcement officers?

And the high-ranking BATFE officials played rearrange the deck chairs on the Titanic with the folks involved, lest anyone actually see prison time for such heinous activity?

Remember how this is now old news?

Well, the adventure continues…

One of the guns used in the November 13, 2015 Paris terrorist attacks came from Phoenix, Arizona where the Obama administration allowed criminals to buy thousands of weapons illegally in a deadly and futile “gun-walking” operation known as “Fast and Furious.”
A Report of Investigation (ROI) filed by a case agent in the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) tracked the gun used in the Paris attacks to a Phoenix gun owner who sold it illegally, “off book,” Judicial Watch’s law enforcement sources confirm. Federal agents tracing the firearm also found the Phoenix gun owner to be in possession of an unregistered fully automatic weapon, according to law enforcement officials with firsthand knowledge of the investigation.
It just keeps getting better, doesn’t it?
*FUBAR – for the unfamiliar, Fouled Up Beyond All Recognition (a military epithet).  Some folks substitute another F-word for fouled.
h/t Brock Townsend

 

Gov’t Just CAN’T Leave Well Enough Alone!

As recently posted by the lovely and talented Tamara

The .gov giveth and the .gov taketh away…

So, with the brewing industry having finally (mostly) bounced back from Prohibition, and small craft breweries having sprung up all over, you just knew there was some way the feds could screw up a good thing, didn’t you?

Small breweries will have to spend hundreds of dollars per beer to analyze the nutritional value of each type sold.

“A good analysis [will cost] probably somewhere between the $500-$1,000 range of what I’ve seen. Then multiply it across the styles that you have,” said Lawinski.

And at a thousand dollars a pop, that could keep unique and seasonal brews from making it to your favorite watering hole.

I’m thinking the BATFE is seeing the handwriting on the wall, and we’ll see a sharp upturn in revenooers chasing moonshiners as well!  After all, Eliot Ness & Co. wants to keep their jobs!

Yep.  Government.

It continues to be all about control…

Residency Requirements Struck Down!

Go Rick Go!“We” score a Victory – and Alan too!
Civil Rights UpdateOpinion in PDF via InstaPundit

From the CONCLUSION:

Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately.

SO ORDERED on this 11th day of February, 2015.

[Emphasis in the original]

Related:

Civil Right Victory in Federal CourtShall Not Be Questioned
Win in Court!, Breaking NewsMaddened Fowl
Ban on FFL handguns sales to nonresidents struck down!Of Arms & the Law

Courtesy of Not Clauswitz et al

In English  – Non-residents may now purchase firearms in Texas, and presumably anywhere else it is legal.

Could removal of ridiculous restrictions on citizens BE any cooler?  – Chandler Bing

Of course, this was from a federal district court.  And as the bloggers above suspect, until there is an edict from the BATFE, I don’t see much of this kind of activity.

I see a Supreme Court battle in our future.

The Ex-Parte ARES ARMS Raid

aresIt appears that despite the judge granting the TRO on Wednesday, yesterday the ATF went to the judge ex parte (meaning without the other side, in this case Ares, being present), and got a “clarification” of the prior TRO. This “clarification” seems to give them the green light to apply for a “lawful search”.

IMHO, in order to have a change between Wednesday when the original TRO was granted, the ATF would have had to have alleged Ares was about to get rid of records and that they, the ATF had emergent reasons for going in now rather than waiting till the full hearing that was scheduled for March 20.

Update:

Here are the prosecutor’s allegations behind the ex parte allegation.

-They materially misrepresent the lower receivers as “firearms”.
-they essentially argue “how dare Ares use the law to get a TRO against us”, that somehow that was a “trick” on Ares part not to provide the “firearms” as per agreement. But if they had the TRO, they were not required to turn over the weapons.

HT: Moderno, Bearing Arms

Yes, my friends, it appears, in spite of a court order, ‘clarification’ was obtained and the BATFE was able to ‘legally’ raid ARES ARMS and search for customer information!

God forbid a firearms business operate under all the rules and laws – they will get raided, anyway!

Of course, persons performing their business in a legal manner rarely shoot back!

h/t Weasel Zippers, Free North Carolina

This just in – MORE, from David Codrea!!

Federal Gun Registration In North Carolina?

Just got back from my favorite “Fun” store. They had their ATF inspection last week. Notable in that the two ATF compliance tax agents were female. One black and one white. What is notable about that? It seems to me as if they hired a bunch of anti-gun non shooting sports types to work for them. Also notable is that they mentioned that North Carolina has been “given” 20 additional compliance teams. Also noteworthy (especially) is the NEW additional part of the inspection.

The black tax inspector spent the entire time photographing every single 4473. She even photographed all of the deferred or declined 4473s. Registration is here in North Carolina. If you own any firearms that you bought in a gun store on a 4473, you had better start trading them around. Fortunately I do not. Now I shall have to see if this was done at work since we had ours last month. Did not occur to me to inquire as that is not my department. (m21308)

We heard about this in Alaska, wherein attention was brought to bear by contacting their Senators.  Has it been happening elsewhere?  I thought this was a direct violation of a couple of federal firearms statutes?  (And the race and gender of the agents is of no concern to me! – Guffaw)

Re:  the ‘anti-gun non shooting sports’ types, I was lead to believe one couldn’t be a gun rights advocate, sport shooter, hunter or firearms collector and work for the ATF, as that was considered a conflict of interest!

Has this changed?

Funny, one can own and drive cars and work for the DMV…

h/t Brock Townsend, m21308

BATFE Is Looking For More Info…About You

batfeKnuckledraggin’ My Life Away gives us yet another example of the misdirection this administration is so (in)famous for…

A recent solicitation from the Bureau of Alcohol, Tobacco and Firearms (ATF) reveals that the agency is seeking a “massive” online database capable of pulling up individuals’ personal information, connections and associates.

On March 28, ATF posted the notice on FedBizOpps.gov, entitled “Investigative System.”  The solicitation was updated on April 5 with a few minor changes.

The document says that the system will be utilized by staff “to provide rapid searches on various entities for example; names, telephone numbers, utility data and reverse phone look-ups, as a means to assist with investigations, and background research on people, assets and businesses.”
The system is described as a “massive online data repository system that contains a wide variety of data sources both historically and current that can be utilized in support of investigations and backgrounds.”
An overview of the solicitation states, in part:
The investigative system will allow ATF to “obtain exact matches from partial source data searches such as, incomplete social security numbers, address, VIN numbers, etc.”

Wirecutter gets rather earthy in his response to this development.  I shan’t quote him here.  Not that I don’t have exactly the same feelings.

(from Wikipedia)

The ATF was formerly part of the United States Department of the Treasury, having been formed in 1886 as the “Revenue Laboratory” within the Treasury Department’s Bureau of Internal Revenue. The history of ATF can be subsequently traced to the time of the revenuers or “revenoors”[6] and the Bureau of Prohibition, which was formed as a unit of the Bureau of Internal Revenue in 1920, was made an independent agency within the Treasury Department in 1927, was transferred to the Justice Department in 1930, and became, briefly, a division of the FBI in 1933.

In short, it was established for tax collection.  After all, violating federal laws regarding cigarettes, booze and guns is bound to generate heavy fines and taxes.

It appears now they are trying to enlarge their purview, as all government agencies do, when it’s ‘gotta verify what your agency is doing is worth while’ time.  Especially after Gunwalker/Fast & Furious.

And, of course, we’re looking at U.N. Arms Treaties, and another Assault Weapons Ban, and Lord knows what else.

As I mentioned in a previous post, they keep testing the fences…

Fences, again.

How apropos, I was led here by wirecutter!

h/t wirecutter

"Round up the usual suspects."

In Loving Memory…