The other day, your friendly Bureau of Alcohol, Tobacco, Firearms and Explosives(BATFE, or ATF, or the corner minit mart) sent out a letter to all Federal Firearms Licensees(or FFLs) which was just a sick joke, but only when it gets challenged in the Courts. They tried to pull a fast one on the law, specifically the Gun Control Act of 1968. You see, that is the gun control law that included definitions of what a firearm is, and just so you know, it was specific enough that, what the ATF did, was blasphemous, if a federal judge gets his hands on this in the form of a federal suit. and that suit should include everyone in the current government administration who put their fingerprints on that letter. The following link is the evidence, but not all the evidence: https://www.atf.gov/rules-and-regulations/docs/open-letter/all-ffls-dec2022-open-letter-impact-final-rule-2021-05f/download
Excerpt from the Gun Control Act of 1968(the text of the law):
“14 (8) The term ‘firearm’ means (A) any weapon ( including a starter gun) which will or is designed to or may readily be converted to expel ii projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.”
In their letter to all FFLs, they took the “A” part of the definition,
which is exclusive to the “A” part, and added it on to the “B” part, which
adds meaning to that part of the definition, which makes their letter
unconstitutional and is a poor way to infringe on the 2nd Amendment. I
have no idea why they would think this might go unnoticed. We already
know they will try anything, but this is just too obvious. The statement,
which is false,is this:
“This definition of “readily”
applies to each and every classification of a partially complete frame or receiver under this Rule,
whether sold alone or as part of a kit. Therefore, even without any associated templates, jigs,
molds, equipment, tools, instructions, guides, or marketing materials, these partially complete
pistol frames are “frames” and also “firearms” as defined in the GCA and its implementing
regulations, 18 U.S.C. § 921(a)(3)(B) and 27 CFR 478.12(a)(1), (c).”
Actually, no. It only applies to the definition of “A”, the firearm, and not the “Frame or Receiver, as found in “B”, but some judge will be the one who does that sorting out.
Big Oops! They sent that letter out, knowing that they are, or are about to, lose the same thing in a case brought in Texas, involving the same exact issue, in federal court, where the judge has already granted a stay against the ATF in enforcing against the plaintiff, who, I believe, is not just one plaintiff, but now two or more. What the ATF wants to do is to get lists of all who bought the kits and I guess start making threats of arrest and conviction, don’t you? I think, since there was already a case involving frames and receivers, and this somehow makes it to the Supreme Court, someone at the ATF, or elsewhere in the administration, like a certain Merrick Garland, will have another round of disappointment. If the Justices, after seeing all the lawlessness of the State of New York, and are now demanding answers to their repeat of making bad law, see this one, it could be close, very close to the end of that lawless and offensive minit mart agency.
The ATF, or whatever you wish to call them, are nothing but a rogue executive agency, well past their sell by date. Glad I don’t own any starter pistols, aren’t you? They just need to go, along with all those crappy gun control laws. If this is the extent they will go, just to get your guns, they have no place in “our” government. Until that day that they no longer exist, they will never give up on killing our right to own any kind of firearm.
H/T Mark W. Smith who has a great channel called The Four Boxes Diner, on Youtube.
If, in fact, the Gun Control Act of 1968 did mean what these miscreants are now demanding, let them explain how they arrived at it, at this time, and not back in 1968, or shortly thereafter, when they were making regulations based on this ancient law. They did not do that in the letter, and they are only doubling down. I expect that the real issue for the administration is that they are going to have to increase the number of justices on the Supreme Court, because they can continue to expect rulings against this nonsense.
Keep the faith, and keep your powder dry!
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Mission creep is the theme of runaway big gov’t.
It sure is, and has a weather vane called ideology.
This mission creep is part of the Little Red Book of Mao, and it will finally be defeated, especially if the government keeps pushing doses of stupid at us.
Bruen and Heller are good enough argument for the Supreme Court to strike down every gun control law in the country, without disturbing the felony conviction gun control, which that might even be overturned by some states. There are some conditions where I can agree with that, too.