ATF Ruling Vast Expansion of its Power

Gun Watch ^ | 7 January, 2015 | Dean Weingarten

[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.

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.

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.

What the BATFE appears to be attempting to do, is to deprive people who do not have the resources to purchase their own machinery, from renting  the machinery and premises of others in order to work on their own privately owned projects.    But the price of the necessary machinery is in a rapid freefall.  Defense Distributed has already sold a complete CNC machine that can be used to create a firearm receiver for $999.

See the machine, appropriately named "Ghost Gunner" being demonstrated in the video linked below:

Link to video

Alternately, 3-D printing machines, that can also make such receivers, are available for about the same price.

What the BATFE is running up against is a fundamental conflict between two visions of society.   In the vision of the framers of the Constitution, society is composed of free individuals, who can do most of their own manufacturing and who are mostly independent of large associations; needing them primarily for defense of the nation and to maintain a system of justice for settling disputes.

In the more recent vision  of society, existing in both most prior societies and ascendant in the United States since about 1900, is the vision of the State as the primary actor in people's lives, deciding what they can and and cannot do in most activities.   That such a vision became ascendant with the movement of most manufacturing and agriculture to the control of large organizations, is no coincidence.

Now, as small scale and custom manufacturing are again becoming profitable and common, the structures put in place by the Constitution are making it difficult for the bureaucracy, designed for the mass manufacture era, to maintain its hold on power and control.

The CNC machine pictured above is already cheap enough to be afforded by an average individual; it could be used to create one or two receivers, then sold to the next individual at a discount;   alternatively, a rental company could rent such a machine for use off of its premises and out of its control.   I could see a small shop or cooperative doing this with a cash deposit of the value of the machine, for example.

It may also happen that the Congress will recognize the inherent unenforceability and silliness of the 1968 law that BATFE's claims are based on.  No such federal requirements for manufacture existed before 1968, nor is there any study or reason to believe that such licenses improve society or add to the public good.   They are, and always were, simply another "first step" toward government control over the private ownership of firearms.   They are a clear infringement on freedom, without discernible benefit.

Since the implementation of the 1968 law, crime skyrocketed, then as the shall issue concealed carry movement gained power and prison populations rose to unprecedented levels, crime rates have finally returned to those previous levels.

Tip of the Hat to David Codrea

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[RightOnTheBorder]

Now, a firearms manufacturing license costs a minimum of $150, and that is for a restrictive one.

It's worse than that. ITAR, a law intended to cover international sales of guns is regulated by the state department. They arbitrarily decided that all manufactures of guns in the US, even those only for sale in the US market, are required to have an ITAR license to the tune $2,250 per year.

[Ken H]

More fallout from Raich?

Not long after the decision in Raich, the Court vacated a lower court decision in United States v. Stewart and remanded it to the court of appeals for reconsideration in light of Raich. In Stewart, the Ninth Circuit had held that Congress lacked the Commerce Clause power to criminalize the possession of homemade machine guns.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

[marktwain]

Yes, that is what I have read as well. And, it was Scalia who wrote the decision in Raich, as I recall.

Nasty, nasty, nasty.