Live to Shoot - Defending our 2nd Amendment Rights

ATF Proposed Rule for "Ghost Guns" is Leaked

April 23, 2021 Jeff Dowdle Episode 68
Live to Shoot - Defending our 2nd Amendment Rights
ATF Proposed Rule for "Ghost Guns" is Leaked
Show Notes Transcript

In this episode we talk about the leaked proposed ATF rule to stop "ghost guns".

Proposed Rule.
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Well, welcome to the live shoot podcast. My name is Jeff Dowdell and I've been a licensed firearm dealer for the last 13 years. And this podcast, we talk about all things regarding the second amendment. And in some cases we might throw in a sports story or something going on in the current environment. So welcome today is Friday, April 23rd. It is going to look like another rainy day. I think the last time it did its podcast, it was a rainy day and it looks like it's going to be another rainy day. This has been a busy week for me. My boys play high school baseball, and we've had three games. We're supposed to have our fourth this week. We're trying to get everything in before the state championship tournament. It gets underway. And right now last night it's been exciting. Our boys were tied for first and district, and then the team that we were going against last night, actually, that we're tied with actually lost. And so we now are. In the lead and we just need to win our last game and we will win district. They, I think this first time for the varsity team to actually win district and then we'll move on to the state championship up until it's exciting. You know, I've got my senior his last season and then I'll get my sophomore that are both on the team. They're starters, starving catcher, Starbursts in the field. So it's, it's fun to watch. It's a little sad for me. Well, the senior I'm really struggling. When these next few weeks are going to be tough for me even talking about it. Now I'm starting to get a little weepy. There's we talk about the, his graduation and we're starting to go through some of the final events of the, of the school full year, but that's not what we're here to talk about. We are here to talk about the Proposed ruling that the ATF has to address one of Joe Biden's executive orders. So if you remember on April 7th, president bine issued several gun control and the first was that the justice department would within 30 days issue a proposed rule to help. Stop proliferation of quote unquote, ghost guns this week a leaked document from the sorry from the publication, the reload came out and this is what their proposed rule changes are for ghost guns. And in this rule, the ATF first thing they, they address the first problem they actually have is they have to define what a firearm is because the ATF admits that based on Court interpretations of the ATF regulations, if broadly followed convene as many as 90% of all firearms now in the United States would not have the definition of firearm frame or receiver. They said in the document that the document says that neither the upper, nor the lower portion of a split multi receiver, firearm alone falls within the precise wording of the regulatory definition. And they somewhat snarkily said that they They erroneous district court decisions that employ a narrow interpretation of the definition has been in play. And I, I liked that, you know, here they say that the that the. It alone does not fall within the precise wording of regular definition. And this is again, one of those ATF modus operandi is that they keep things as vague as they possibly can. And here's, they're getting a little upset when somebody is actually holding them to what the written word says versus the way they want to interpret it. In the document, the document, it, it reworks and broadens the definition of what parts constituted regulated farm in the current definition the regulations of the farm that provide the regulation is the part of the firearm that provides the housing of the hammer bolt or breach lock and firing mechanism, and which usually threaded at its forward portion to receive the barrel. The proposed definition is a part of the firearm that provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. Any such part identified with a serial number shelter pre shall be presumed, absent, official determination by the director or other reliable evidence to the contrary, to be a frame or receiver for the purpose of this definition of the term fire control cone. It means a component necessary for the firearm to initiate or complete the firing sequence, including any of the following hammer bolt or breach lock. Cylinder trigger mechanism, firing pin striker, or slide whale side rail. The proposed receiver definition would only require one fire control components, such as the trigger mechanism cylinder firing pin, instead of requiring multiple parts as his current definition does the ATF said it plans to keep in place the determination of what specifically. Parts qualifies, receive free guns currently on the market and create a voluntary process for gun microcysts submit new designs for determination, the document, then proceeds on to address what ghost guns or privately made firearms. And I'll try and remember, come back and talk about that. Privately made for the definition term. The true definition of firearm is any weapon, including a starter gun, which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive. So the term readily is addressed and it processes fairly a reason is addressed as a process that is fair to be fairly or reasonably efficient, quick and easy, but not necessarily the most efficient speedier, easy process. Hmm, what does that mean? It, that, as long as that, again, it's, the process is a fairly or reasonably efficient, quick and easy, but not necessarily the most efficient, speedy or easy process. So it would further list factors relevant in making the determination to include the time, how long it takes to finish the process, the ease, how difficult it is to do so the expertise, what knowledge and skills are required, the equipment, what tools are required availability. Well, the additional parts or a card and how easily they can be attained the expense of it. And the so the proposal provides only a S subjective, subjective standard. Then that's what I wanted to do. Duck back to for what makes an unfinished part readily convertible into an unfinished farm profile provides footnotes in the court cases where the term has been applied in one court example, including the document set a part completed in around an eight hour working day in a properly equipped machine shop was considered. Readily convertible the only example of a ruling defining when a part is not really convertible involved, a process that required master gunsmith in a gun shop in a $65,000 worth of equipment and tools. So the, it looks like the term readily is good. It'd be very, very broad. And it's going to essentially fall on to the fact that you have to be it's going to have to be expensive and you're going to have to have a lot of tools and it's gonna have to take you a lot of time to to escape the term readily. And then the definition of the privately made farms is a firearm, including a frame or receiver assembled or otherwise produced by a person other than a licensed manufacturer and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced. Now, now is the one thing they made clear that. They weren't making sure that they were using the privately made and not manufactured. They don't want to confuse this as something that requires manufacturing. The other thing that they did is they put some additional responsibilities on dealers in this. So with the privately made farm, if I, as a dealer receiving. PMF as the abbreviation that's being used, it's not serialized. And then it's the responsibility of a dealer to a serialized document th that receiver and, and to do it properly in this document. And I didn't mention, this is 107 page document that I have not read all of it. I have gone through and tried to pull out things that look up pertinent and worth we're talking about. Okay. We go, there's a, quite a few sections dedicated to the proper markings and way it has to be serialized and size and how deep it has to be done. And so that all that would fall down on the responsibility of the, of a dealer potentially to have, to be able to make those markings, if they receive a privately made farm into their inventory. They also in their extend and I've been, I am on my. 13th and 14th year as being a FFL. And currently the, the requirements are that I keep my 44 70 threes. For 20 years I've been getting a little excited that I'm going to be able to dump some of these boxes that I have I have in my attic here in the next, you know, five or six years. But in this ruling, they're saying, no, not so fast, Mr. Dealer, you're gonna have to keep them forever. So now they do say I can move that off to offsite storage if I want, but I still have to keep them forever so that they can continue to be access for trace requirements. Now with all this said, I'm not actually sure. How, or if the ATF is actually able to do this, they're changing the interpretation of a current law. And to me, they have to do that through Congress. But you know, as I've stated earlier in the past, the history of the ATF has, they are often overstepping their authority and they like to keep. Things very vague and, you know, they were expressed some disdain in this document when the courts misinterpret the definition of things, which that really means they don't interpret it the way the ATF would like to have it interpreted. But this is just another temp by the Biden regime utilizing their authority outside of Congress to get their agenda passed. And if they Because they know right now, they don't have a majority that they have two extra seats in the house and they're tied in the Senate. So they, they don't have a mandate out there, the people, and again, we won't get into the big lie, but we've got our audit going on in Arizona right now. And there are 2 million ballots and. The machines are being looked at. And I think this may start bringing a little bit more clarity to the to the election results, but there is not a mandate that, that the, this current regime has. But one thing that's important is, is I don't know when this is actually going to be published and come out, but there's going to be a commenting period. If. As required. And we're going to have to jump on an issue or comments. We did that with the pistol brace and we actually were successful. We also need to start keeping an eye out for the other proposals that are coming down. One was to revise the definition of pistol braces or the AR style pistols and to create model legislation for red flag logs. Red flag laws. And I'm hoping to do an entire pad podcast on red flag red. I can't say that red flag pause at some point here in the near future. And then we also have the confirmation that David Chipman who's the gun control advocate for the director of the ATF. So that's kind of given the. The keys to the kingdom, to the Wolf and have him guarding our sheep. So those are some things we still have coming. This was the first start at it. It's important. I'll let the document in the show notes so you can go read it. It's 107 pages. And if you, if you so desire, so. Thank you for listening as always, you know, we've this is action. Action. Action. We have to get out there. We have to share, we have to initiate action with everybody. So, you know, little things, even just sharing this podcast, listening to other podcasts sharing links to websites sharing my newsletter. Doing those types of things with everybody. And, you know, I look at the the location of the listeners and it's interesting. A lot of my listeners are from the quote unquote blue States. I've got the California, Illinois are some of my biggest listeners. And so. You, you folks out there you're in the middle of it and it's obviously, you know, we need to get the word out. So please share information like this podcast, my contact information is in it. So contact me if you have any comments or questions or disagreements, or I'd like to hear from you all. And again thanks a lot for listening. Have a great weekend. And I will talk to you. See you next week.