Posted on 01/08/2015 7:10:33 AM PST by marktwain
The first ATF ruling of 2015 is a vast expansion of its already considerable power. It maintains that an entity that rents or leases equipment or tools that are under kept under the entity's control, must be licensed as a gun manufacturer and keep gun manufacturing records, if it allows other people to use its equipment to perform work that complete a frame, receiver, or complete firearm. From the ruling (pdf):
An FFL or unlicensed machine shop may also desire to make available its machinery (e.g., a computer numeric control or “CNC” machine), tools, or equipment to individuals who bring in raw materials, blanks, unfinished frames or receivers and/or other firearm parts for the purpose of creating operable firearms. Under the instruction or supervision of the FFL or unlicensed machine shop, the customers would initiate and/or manipulate the machinery, tools, or equipment to complete the frame or receiver, or entire weapon. The FFL or unlicensed machine shop would typically charge a fee for such activity, or receive some other form of compensation or benefit. This activity may occur either at a fixed premises, such as a machine shop, or a temporary location, such as a gun show or event.The BATFE, as with most government bureaucracies, is not very nimble, and in these times of rapid technological change, are behind the curve. Technological advances have already rendered the BATF model of manufacturing obsolete. For the existence of firearms, since about 1500, guns have been made in small shops and homes. They are still being made there, and such manufacture by individuals has always been recognized as unregulatable and legal under federal law. For a period between about 1850 until present, guns were mostly made in factories, but home and small shop production has always been present.
A business (including an association or society) may not avoid the manufacturing license, marking, and recordkeeping requirements under the GCA simply by allowing individuals to initiate or manipulate a CNC machine, or to use machinery, tools, or equipment under its dominion or control to perform manufacturing processes on blanks, unfinished frames or receivers, or incomplete weapons. In these cases, the business controls access to, and use of, its machinery, tools, and equipment. Following manufacture, the business “distributes” a firearm when it returns or otherwise disposes a finished frame or receiver, or complete weapon to its customer. Such individuals or entities are, therefore, “engaged in the business” of manufacturing firearms even though unlicensed individuals may have assisted them in the manufacturing process.
Held, any person (including any corporation or other legal entity) engaged in the business of performing machining, molding, casting, forging, printing (additive manufacturing) or other manufacturing process to create a firearm frame or receiver, or to make a frame or receiver suitable for use as part of a “weapon ... which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” i.e., a “firearm,” must be licensed as a manufacturer under the GCA; identify (mark) any such firearm; and maintain required manufacturer’s records.
This agency has gone far, far beyond its original charter. IIRC it was tariff based.
Good title - “power” not “authority”. ATF has no authority to interpret their regulations this way, it’s a power grab and has nothing to do with legitimate government authority.
Bureoucracies should be bureaucracies...
Bureaucracies should be few and small in size and scope. :)
Another example of the stealth government of bureaucracies inhabited by faceless bureaucrats, and an elected government abandoning their powers to them.
It is long past time to repeal the NFA ‘34 and GCA ‘68 and the FOPA ‘86. Take the “F” out of their jurisdiction entirely.
Welcome to Obama’s America.
You are correct. They are illegally “making law.”
Government Bureaus, Agencies, Commissions, and other administrative bodies create their own rules and regulations and have always interpreted them at their whim.
Another example is the Federal Communications Commission at the ready to “hold” that the internet is a utility, and regulate it as such. Stand by for all kinds of rules, not to mention the accompanying new taxes and fees from local, state, and the Federal Government to come into being on monthly bills from providers. Its a control and tax bonanza flow of new cash from unwilling payers and reluctant internet provider tax collectors. Its a government dream scheme.
The only way that out of control agencies to be stopped ia through Court or Legislative action. Don’t hold your breath waiting for that.
I wonder if this is a means kill the unfinished receiver market. Finishing can normally be done with very simple tools but in some cases not. Im not seeing how all this works but Im quite sure the ATF and pols in general don’t look happily on this as no records have to be kept and Im sure many many are sold every year.
Some rules are really bizarre. For instance, you can buy a US manufactured snub nosed revolver, no problem. However, a company like EAA sends the over with sights and shroud at 2”. Due to import regulations, the barrel is 4”. It’s crudely cut down to size upon arrival. Out of ammo and don’t have time to reload? No problem. The barrel crown and rim are both razor sharp.
The language is a direct translation in many areas:
According to the comprehensive research by JPFO, all of America's present gun-control laws have Nazi origins, evidenced by the group's shocking accusation that the Gun Control Act of 1968 was plagiarized almost word for word from Nazi legislation. The German Weapons Law, which existed before the Nazis came to power in 1933, was amended on March 18, 1938, by the Nazi government. The JPFO's claim is based in part by the fact that the 1968 law introduces the "sporting purpose" test to distinguish different types of weapons, similar to the "sporting purpose" test that existed in the German law in question. Sen. Thomas Joseph Dodd (father to Sen. Chris Dodd) was a prosecutor at the Nuremberg Trials (1945-46) and had reviewed copies of the Nazi 1938 firearms law as the 1968 Gun Control Act legislation was being drafted.
Yep - they keep criminalizing more folks while thy're at it though.
They would not be “in the business of manufacturing firearms,” they would be “in the business of making machine tools available to the general public.” They perform a service, not manufacture a product. Suffice it to say I disagree with the BATFE’s position, it’s overreach.
If I rent out my drill press, I’m not under any obligation to scrutinize the customer’s work.
Bump.
The article doesn’t mention the considerable cost of registering your shop with the atf. I own a manufacturing machine shop and when I investigated making parts for firearms it was reasonable pre Obama. After the “under the radar” reign it went upwards 10 times what it was. I never applied. Now, the ATF sends their little goons to “take a look around,” every year or so (they are rudely sent away) and they send undercover walk in goons to ask if they can rent my shop to complete receivers. More frightening is these Obamagencies are just seizing this power out of thin air.
It shows the “regulatory creep” especially in firearms law. When the law was passed in 1938, requiring a license to manufacture firearms for interstate commerce, the license cost $1. That would be about $50 in today’s dollars.
Now, a firearms manufacturing license costs a minimum of $150, and that is for a restrictive one.
Bureaucracies should be eliminated as unnecessary, at best, duplicitous and unconstitutional.
Fixed it for you (both :P)
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