Biden just released "new gun control rules"

[rebase]

Some news about the case law RE: split receivers

They actually addressed this in the proposed rule. At least for now, they're not changing their determination as to which part of a split receiver/modular firearm is the serialized part, only updating their definition of "receiver" to be more expansive so that it ensures that at least one part of the gun is a receiver. they cited a handful of court cases where they lost because the judge ruled that NO part of an AR15 met their definition of a receiver, therefore the person being charged with illegal manufacturing and distribution of firearms hadn't committed a crime because there were no firearms. The ATF needs this one in order to make their Ghost Gun nonsense stick, because it can't be a precursor to a firearm if the end product is also not a firearm. It's a really tortured reading of everything, but as of today (obviously subject to the changing whims of our new unelected aristocracy) upper receivers would not be considered firearms and subject to serialization.

Ahh good point. Some background on some specifics of the cases below:

https://amp.cnn.com/cnn/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

https://www.thefirearmblog.com/blog/2019/10/17/the-curious-case-of-joseph-roh/

Former ATF agent at center of legal dispute over AR-15

In his 23 years with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Dan O'Kelly was one of the agency's top gun experts. These days, however, O'Kelly is using his formidable firearms expertise and institutional knowledge of the ATF to take aim at his former employer.

kslnewsradio.com

I haven't verified this myself but it appears the article notes:

'Under US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel."
The lower receiver in Roh's case does not have a bolt or breechblock and is not threaded to receive the barrel, Nicolaysen noted.'

So TL;DR: for AR's, US law says the upper receiver should be serialized, but ATF has historically enforced the lower receiver instead?

EDIT: US Code here: https://www.law.cornell.edu/cfr/text/27/478.11

 

[flatlander]

Rep. Massie cites Constitution to slam Biden's upcoming 'ghost gun' rule: 'Congress makes laws'

Rep. Thomas Massie slams President Biden’s upcoming rule on “ghost guns,” which will be announced Monday.

www.google.com

This exactly. They need to find out how costly the enforcement of their "rules" can be. THIS is where the NRA money should be going. NOT into Pepe Lepierre's pocket! ****ing carpetbagger is all he is.

 

[flatlander]

Some news about the case law RE: split receivers

Ahh good point. Some background on some specifics of the cases below:

https://amp.cnn.com/cnn/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

https://www.thefirearmblog.com/blog/2019/10/17/the-curious-case-of-joseph-roh/

Former ATF agent at center of legal dispute over AR-15

In his 23 years with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Dan O'Kelly was one of the agency's top gun experts. These days, however, O'Kelly is using his formidable firearms expertise and institutional knowledge of the ATF to take aim at his former employer.

kslnewsradio.com

I haven't verified this myself but it appears the article notes:

'Under US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel."
The lower receiver in Roh's case does not have a bolt or breechblock and is not threaded to receive the barrel, Nicolaysen noted.'

So TL;DR: for AR's, US law says the upper receiver should be serialized, but ATF has historically enforced the lower receiver instead?

This is what they were referencing in the new "rule"

 

[rrschooter]

Some news about the case law RE: split receivers

Ahh good point. Some background on some specifics of the cases below:

https://amp.cnn.com/cnn/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

https://www.thefirearmblog.com/blog/2019/10/17/the-curious-case-of-joseph-roh/

Former ATF agent at center of legal dispute over AR-15

In his 23 years with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Dan O'Kelly was one of the agency's top gun experts. These days, however, O'Kelly is using his formidable firearms expertise and institutional knowledge of the ATF to take aim at his former employer.

kslnewsradio.com

I haven't verified this myself but it appears the article notes:

'Under US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel."
The lower receiver in Roh's case does not have a bolt or breechblock and is not threaded to receive the barrel, Nicolaysen noted.'

So TL;DR: for AR's, US law says the upper receiver should be serialized, but ATF has historically enforced the lower receiver instead?

well, the court cases cited determined that no part of an AR-15 meets the definition of a receiver because it doesn't contain ALL of the necessary parts. The FCG is in the lower, but the bolt and threading for the barrel are in the upper. The ATF literally covers all of this in the proposed rule, and anyone who hasn't done so should go read it. It's not chalk full of legalese, and is pretty straight forward to understand (even if a lot of it is left intentionally squishy). https://www.federalregister.gov/doc...me-or-receiver-and-identification-of-firearms

Most of the proposed rule is their attempted justification for the rule, which provides all of the context around court cases, new firearms designs (they're lumping in the sig 320 so it doesn't look like they're just going after the AR platform), and some information re: how they're intending to interpret the rule moving forward.

 

[bwframe]

This exactly. They need to find out how costly the enforcement of their "rules" can be. THIS is where the NRA money should be going. NOT into Pepe Lepierre's pocket! ****ing carpetbagger is all he is.

I think you should tell the NRA this.

Not sure that it's helpful to be whining about our only real congressional gun lobby when they are most needed.


.

 

[Ironhippie]

This is all BS and does nothing to reduce crime. If they truly wanted to do that, they wouldn't have done away with the enhanced penalties for committing a crime while possessing or using a firearm, but they claimed those laws disproportionately affected minorities and so.......... that's right you guessed it, those laws were racist. and had to be changed. Even criminals they interviewed said they disarmed themselves so as not to be sentenced with enhanced penalties if they got busted. Now as far as the "Protection of Lawful Commerce in Arms Act" goes these politicians are so FOS in how they present it that its obvious they think we are so stupid that well believe anything they say. So I guess if a criminal uses a Buick and hits and kills someone GM should be held liable also. Tired of it.

 

[bgcatty]

Let’s go Brandon! This ATF stuff has got to stop IMHO.

 

[BroodXI]

This is all BS and does nothing to reduce crime. If they truly wanted to do that, they wouldn't have done away with the enhanced penalties for committing a crime while possessing or using a firearm, but they claimed those laws disproportionately affected minorities and so.......... that's right you guessed it, those laws were racist. and had to be changed. Even criminals they interviewed said they disarmed themselves so as not to be sentenced with enhanced penalties if they got busted. Now as far as the "Protection of Lawful Commerce in Arms Act" goes these politicians are so FOS in how they present it that its obvious they think we are so stupid that well believe anything they say. So I guess if a criminal uses a Buick and hits and kills someone GM should be held liable also. Tired of it.

Man, you guys are screwed. If mass civil disobediance doesn't work, i'm gonna play the minority card.

 

[Leadeye]

By northern Ohio I wonder if they mean Cleveland or Canton. What else starts with "C", corruption which both places are famous for.

 

[manifest destiny]

"Whatcha gonna do about it?" -signed, U.S. government. "They" (define as you will) are going to come for the guns. The de facto gun registry they slipped in was a nice touch.

 

[1nderbeard]

Rep. Massie cites Constitution to slam Biden's upcoming 'ghost gun' rule: 'Congress makes laws'

Rep. Thomas Massie slams President Biden’s upcoming rule on “ghost guns,” which will be announced Monday.

www.google.com

ok. Do More than sending a tweet Massie.

 

[BiscuitsandGravy]

Still waiting on those members that voted for this to chime in anytime now...

 

[manifest destiny]

Still waiting on those members that voted for this to chime in anytime now...

Maybe they're modest and don't like to gloat. After all, it isn't a new law. It's a rule.

 

[NHT3]

Still waiting on those members that voted for this to chime in anytime now...

They have fallen strangely silent in the last few months.. What say you Brando supporters, cat got your tongue?

 

[Onebad06vtx]

Still waiting on those members that voted for this to chime in anytime now...

They all have buyers remorse.but many will never admit it.
Let them all go broke.

 

[Onebad06vtx]

Are these rules are NOT rules until they go thru congress.
FU Joe Biden

 

[Magyars]

 

[JTScribe]

They have fallen strangely silent in the last few months.. What say you Brando supporters, cat got your tongue?

Didn’t they all pretty much get banned?

 

[Kirk Freeman]

Are these rules are NOT rules until they go thru congress.
FU Joe Biden

Um, no, incorrect.

 

[Tyler-The-Piker]

so engraving numbers onto metal prevents "gun violence"??
whodathunkit