Skip to comments.ATF's latest confiscation program
Posted on 07/26/2013 5:27:53 AM PDT by marktwain
One of the reasons gun owners tend to be completely opposed to the passage of any new gun laws no matter how innocuous or reasonable seeming is the erratic history of interpretation and enforcement of the current gun laws. This is also why I cringe every time I hear someone who supposedly supports gun rights from politicians to the head of the NRA calling for the feds to enforce the laws already on the books. The fact is, the gun laws that are already on the books are a labyrinth of confusion and booby-traps full of open-ended mandates, ambiguous definitions and unbridled bureaucratic discretion. Many innocent people have had their lives and livelihoods completely destroyed when federal agencies have decided to enforce the laws already on the books.
The law that was on the books up until 1981 said that a DIAS was just a chunk of metal unless it, along with at least three other full-auto parts, was actually installed in a gun without prior ATF approval. Then in 1981, ATF bureaucrats, at their own discretion and under their own authority, redefined them as machine guns, but in their decree, they included the following exception:
(Excerpt) Read more at wnd.com ...
I’m growing more and more convinced that I will die at the hands of a Federal thug. This must’ve been what it was like to be a Jew in 1940s Germany.
Welcome to the Gulag, comrade.
Impeachment File on Benghazi Coward B. Hussein Obama, formerly known as Barry Soetoro, a Legal Citizen of the Sovereign Nation of Indonesia.
Don't die in vain. Don't go alone, if you know what I mean.
With all the archaic laws on the books in this country, the entire “library” needs to be done away with and replaced by very simply worded laws that eliminate the need for lawyers to interpret. Keep it a simple as possible, particularly since most of the nation will soon be too stupid to read and understand them anyway. You can thank the NEA for that.
DIAS = Drop In Auto Sear
Good video description: http://www.youtube.com/watch?v=jdR7rEuLrvE
The majority of them would have no idea what the part would be used for, or that it was illegal.
How the hell can a law like that make on the books?
Don’t plan to, FRiend. I’m more sad that a more organized resistance can’t be mustered. I’m even waiting for State politicians to step up, but they’ve been largely mute.
Wow. 15 to 20 grand for a legal DIAS? I think I’ll just go without.
I’m pretty sure the lowlife, criminal-type (skilled) gangsta gun nuts out there would never consider making this item because it’s against the law.
Looking to the post-BATF&E future, the Interstate Commerce Act does give the federal government authority to regulate transfers across international and state borders; however, states can also do so within their state.
This will mean that some states can limit machine guns and parts manufactured in their state, but other states may choose not to do so. This means that the legal argument for the second amendment becomes (as justice Thomas noted), a 14th Amendment argument, of (in a mirror of what is happening today), federal judges forbidding states from types of gun control as determined by the SCOTUS.
It is a good question whether federal judges would allow states to prevent manufacture of civilian machine guns or machine gun parts.
The “substantial effects doctrine” of the New Deal interpretation of the Commerce Clause effectively destroyed any distinction between interstate and intrastate commerce. They consider anything they want to regulate “interstate commerce”, regardless of whether it’s bought or sold across state lines, or even bought or sold at all. It doesn’t even have to actually exist.
Except the SCOTUS has, with the Obamacare decision, undermined the misinterpretations of the Interstate Commerce Clause, the General Welfare Clause (used by LBJ to create the welfare state), and the Necessary and Proper Clause.
It will take a while for the other shoe to drop, and will depend who the next POTUS is, and whether he appoints conservatives to replace liberals on the court.
I had hopes during the Bush administration. When he was campaigning he professed to support an "original intent" interpretation of the Constitution. Then he send his AG and DOJ lawyers before the USSC to argue to uphold Wickard v Filburn in the Raisch case. It was disgusting.
That could be hammered out by hand with a few basic tools.
If I paid 20k for that piece and it broke, I’d machine another (make it somehow) and add the serial number registered to me as close as possible to the original stamp font.
>> Im growing more and more convinced that I will die at the hands of a Federal thug. <<
You’re not alone in those thoughts. I, and many others, are right there with you.
So be it.
If they surprise you, retreat, regroup, and pick your place and time.
I don’t have an adequate knowledge set to do so. If Federal thugs break down my door in the middle of the night, I’m going to fire back, and I’ll likely go down shooting as a result. To flee my own home is unconscionable.