Posted on 03/20/2010 6:56:26 AM PDT by marktwain
U.S. Customs and Border Protection (CBP), apparently unable to distinguish between real guns and replicas, seized a shipment of 30 toy guns in a February bust at the Port of Tacoma in Washington.
Airsoft guns, which fire little plastic balls, are used by a growing number of loyal enthusiasts (think paintball, only not as messy). In addition, thanks to their realistic look, weight, and feel, these guns are often used for training purposes by National Guard units and law enforcement.
It was this realism that led CBP agents to seize the shipmentwhich was destined for Airsoft Outlet Northwest in Cornelius, Oregonand to call in the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) for a closer look.
The BATFE was at least knowledgeable enough to discern that the guns in question were, in fact, not real guns. The case should have ended right then and there. After all, the agency has authority only with respect to the importation of real guns. Toy guns fall no more under BATFE jurisdiction than teddy bears.
However, a little technicality like lack of jurisdiction was not enough to keep BATFE off the case.
In its present state, our firearms technology branch classified this as a machine gun, said BATFE special agent Kelvin Crenshaw.
But wait a minute. Didnt the BATFE previously admit that these are not real guns?
Yes, but With minimal work it could be converted to a machine gun, Crenshaw said.
Astonished, the owners of the store, Brad Martin and his son, Ben, inquired with the agents as to exactly how minimal the work would be to convert these toys into real machine guns.
The Martins were given the government version of talk to the hand. File a Freedom of Information Act request, they were told.
The Martins have done just that, as has Gun Owners of America. There must be accountability with this agency because if the Bureau can unilaterally decide to get into the business of regulating toys, its mission has grown dramatically without any congressional input or oversight.
Of course, that would not come as a big surprise to many gun dealers who interact with the BATFE on a regular basis. The agency has become an arrogant and out-of-control bureaucracy with a history of trampling on peoples gun rights.
Even more troubling is that this agencys missionat least as it relates to firearmsfalls completely outside the framework of constitutional authority given to the federal government.
As the Supreme Court reaffirmed in the 2008 Heller decision, Americans have an individual right to keep and bear arms. But if firearms transactions have to be approved by the Washington bureaucrats, what was once a right has morphed into a privilege.
And now they are opening the door to regulating toy guns, even though it would be extremely risky, expensive and, well, dumb, to attempt to convert an Airsoft into an actual machinegun.
In fact, GOA and the Martins separately consulted with several gunsmiths who debunked the notion that the seized Airsoft guns could be converted with minimal work.
To make the transformation, the entirety of the upper receiver would have to be replaced, but the lower receiver would still be unable to endure the intense force of live ammunition because it is made of pot metal (inexpensive alloys) instead of hard steel. And all of this work would actually cost more than buying a realand stableAR-15 rifle.
BATFE also tried to justify the seizure because the toys lacked the blaze orange tips now required on all imported toy guns. This again raises the question of jurisdiction and the BATFE regulating toy guns.
The Martins noted that previous shipments from Taiwan lacked the orange paint, but that they were allowed to simply go to Tacoma and paint the ends of the barrels themselves.
Not this time, though. The toy guns, valued at over $10,000, remain in the hands of the BATFE and are slated to be destroyed.
Brad and Ben Martin were robbed just as surely as if they had been mugged walking down the street. Only in this instance, the thugs operated under the color of law by an agency whose very existence is questionable.
As this is very simple and obvious for anyone who has ever been involved in this kind of a foul-up, what is the deal with agent Kelvin Crenshaw, that makes him so radioactive that no one is willing to correct his mistakes?
“Yes, but With minimal work it could be converted to a machine gun, Crenshaw said.”
I will pay money to watch (from a safe distance) the first idiot who tries to put a mag of .223 through a converted toy gun.
The government and anti-gun tyrants are trying to make toy guns unavailable and so real guns less of interest to kids as they grow older;it reminds me of a fiction story in which the government outlawed and destroyed dolls because playing with dolls was the reason girls wanted to have babies.
They are already a laughing stock...
I guess my knee-jerk reaction when I first see a BATFE on the back of a wind-breaker will be to walk by and laugh in their face...
Especially if they show up to a local gunshow...Which they have not done here in the Houston area as far as I know...
They don’t have the cajones to do that...
So can a lead pipe. They gonna start regulating plumbing supplies now?
In center. I report, you decide. He also has a Facebook page that's worth looking at.
> Yes, but With minimal work it could be converted to a machine gun, Crenshaw said.
With a little work you can convert an automobile axle into a gun.
If I understand correctly, these Airsoft guns are AR-15 replicas which have a pot-metal lower receiver. Do they have all the same fire control parts, ie hammer, trigger, safety etc in common with a real AR-15? I thought Airsoft guns have pneumatic cylinders and/or motors and batteries inside, nothing similar to a real AR-15’s guts. This sounds like clueless jackboots deciding the guns look too real.
It’s time for these yahoos to stop the insanity!
What about plastic lids with holes in them? BATFE regards them as suppressors.
The issue is with the lower receiver. Many of the AR airsoft's lowers are made by Olympic or Armalite.
Higher end recievers are milled, forged aluminum...just like the real deal. And a lower is not subject to any real abuse. I'd trust pot-metal about as much as I'd trust Olympics old cast receivers, but many of those are still going strong.
There is whole special "task force" active in the Houston area (to keep guns from the border, which is sooo close to Houston). I doubt they are wearing their BATFE windbreakers.
A pipe, lead or otherwise, is "bomb making materials". Some plumbing supplies and some black powder for your muzzleloader or Cowboy loads, and you are a bomb maker.
And yes, they already have that idea.
And what pisses me off is that when asked to show what specific law allowed them to even have jurisdiction, the just told the owners that they had to file a FOIA request! Arrogant bastards from an arrogant administration.
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