Posted on 02/08/2020 10:09:01 AM PST by E. Pluribus Unum
(CNN) - 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.
He served for five years as the lead firearms technology instructor at the ATF National Academy, where he co-wrote the curriculum for incoming agents.
These days, however, O'Kelly is using his formidable firearms expertise and institutional knowledge of the ATF to take aim at his former employer.
He's at the center of a brewing legal dispute that federal prosecutors say has the potential to upend the 1968 Gun Control Act and "seriously undermine the ATF's ability to trace and regulate firearms nationwide."
As O'Kelly sees it, the ATF has been deliberately misinterpreting a key gun control regulation for decades because officials fear that following the letter of the law would allow criminals to build AR-15s and other firearms piece by piece with unregulated parts.
He said he voiced his concerns to an ATF official two decades ago, but was rebuffed.
Now, however, his view is gaining traction in courtrooms around the country.
In December, a federal judge in Ohio dismissed weapons-related charges against two men after O'Kelly testified that the AR-15 part at issue in their case was not subject to federal law or regulation.
US District Court Judge James G. Carr for the Northern District of Ohio called the ATF's long-standing interpretation of the regulation "unreasonable and legally unacceptable."
ATF said in a statement to CNN that it was reviewing that case and others involving the issue and would have no further comment until that review is complete. The agency declined to discuss O'Kelly's testimony as an expert witness.
(Excerpt) Read more at cnn.com ...
One needs the sear to make it work.
The auto-sear and the possession thereof with an AR-15 lower (milled to accept it or not, installed or not) is possession of a machine gun.
I believe that machine guns are covered by the "shall not be infringed", but there are others who are not of that same opinion.
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And,of course,any such laws passed by Congress would be subject to Constitutional scrutiny by the Federal courts as are all other laws passed by Congress.
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I don’t care who you are, that’s funny right there.
We’ve seen how well Federal courts ‘scrutinize’ bills passed by Congress.
ACA was re-WRITTEN by Roberts; let alone the STEP 1 question of ANY bill was never asked, let alone answered: By WHAT authority (the power to tax != authority).
We’ve also seen just how well Congress ‘scrutinizes’ courts re: their judicial over-reach (WHEN exactly & how often are judges impeached??). Let alone their ‘oversight’ as we’ve recently seen in the failed coup (FISA rubber stamping nearly every FBI request &, when it’s found out, nary a PEEP was made to the fraud??).
The ATF expressly and specifically said that bumps stocks were not regulated by law. With no action by congress, they are now illegal to possess. I’m still trying to figure out how that works.
They sell you the sear casting and tooling to make it yourself.
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You need some machinist training and a milling machine to get it right.
Not quite accurate.
To manufacture a “Fully Automatic” (Also an inaccurate term.) firearm requires additional machining steps that are NOT included in the standard set of tools and instructions.
ATF are empire builder parasites, they have to create new “Issues” to “Address” in order to justify growing larger.
Any organism that does not grow declines, without growth ATF “Agents” do not move up the Gov. Org. promotional ladder.
The “Ghost Gun” fallacy is ATF and others trying to diminish the 2A.
“Muzzle Loader” kits have been available for decades and still are, with no screaming head-lines or pending legislation that I am aware of.
It’s the prospect of unregistered (Not simple to confiscate) EFFECTIVE arms that scares the seditionist at ATF and in Congress.
Caetano was challenging the constitutionality of a Massachusetts law...passed by its legislature and upheld by the state Supreme Court...restricting 2nd Amendment rights.
In the decision SCOTUS noted that the state Supreme Court's ruling on the law was "frivolous".IMO that word is about as strong a rebuke that SCOTUS would ever level against a lower court.
And BTW...the ruling was 9-0 in favor of Caetano.
That gives me hope regarding SCOTUS at least.
Here’s your “not quite accurate”:
https://shop.machinegunguy.com/AR-10-AR-15-UNIVERSAL-conversion-jig-to-M-16-select-fire-AR-UNI.htm
Ha!
That’s written by the ATF. They lie.
L
They may lie...... go ahead and sue them.
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Until you do, and win, they are the LAW.
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You may be correct, tell us about it on visiting day.
The AR15 lower receiver doesn’t need to be made of some super strength material. You could make it out of plastic, or wood. It only has to hold the trigger assembly and upper receiver together.
Nope, that is a SEPARATE fixture, NOT included as part of the drawings/tools used to LEGALLY COMPLETE an AR-15 type lower receiver.
There are legitimate uses and users for them, if some fool mis-uses one to illegally modify an AR-15 into an M-16 that is their mistake.
So I stand by my post, the last point of your original post is inaccurate unless someone commits a seperate illegal act.
Of course there is also the little fact that the entire NFA-34 is clearly unconstitutional, making the discussion moot.
“Shall not be infringed”!
I remember seeing a TV show, 60 Minutes, I think, many years ago, where the reporters and film crew went to the Afghanistan border with Pakistan, and they showed villagers building firearms using primitive tools that were dead ringers for the commercial versions. In particular, I remember seeing a hand made Mauser C96 pistol, and lots of AKs (though I suspect that most were made from parts bought.) as well as heavy machineguns and bolt action rifles.
Maybe if they can fix the "gun problems," they'll be able to use the same methods to stop the sale and use of illegal drugs.
Mark
“plastic, or wood”
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I think I’ll stay with steel.
“What are some of the “several” businesses”
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I posted one on #27.
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google “80% receiver”
” yet in my state you have to know a politician or a police chief to even possess a stun gun,let alone a firearm.”
Keep to the facts.
“Implementing regulations”.
Congress creates ill-defined “Law”, then authorizes the alphabets to create the “Implementing regulations” with little or no oversight.
They do not generally take any real action to ensure the resulting “Regulations” even have any rational relation to the “Law’s” original intent or limits.
ATF and the other alphabets deny that they create “Law”, I’ve been told (Lied to) my face by ATF agents that “We do nto make the law, we just enforce it”.
Really?
Explain how going to prison for infraction of a “Regulation” not actually written by congress is different from going to prison for infraction of a “Law” that is directly written by congress.
Under the constitution only Congress shall make law.
It is my contention that the plethora of “Regulations” foisted on us by the alphabets are ALL illegitimate.
Ask a legislator about this and you will get, “But congress could never handle the volume of law needed (to do all of this) themselves”.
Which would be the point, freedom requires that ONLY congress have the authortity to create law, in order to LIMIT the growth of needless or reactionary “laws”.
So to amswer your question directly, ATF just changes the definition of any regulation at their whim, to suit the politics of the moment.
Ya buy a replacement semi-auto lower receiver and buy the conversion kit.
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I never advocated building an illegal and unregistered fully auto weapon with no serial number, I simply say that it can be done. Agreed.
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“NFA-34 is clearly unconstitutional”
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Again, sue the government. Crowd fund the legal fees.
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Until you do, then you have a moot point.
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Be sure to ask those folks at the NRA why they haven’t done it??
I am. I applied for an LTC and was turned down...no reason given. I'm a citizen...served honorably in the Armed Forces...never been arrested,or even questioned,for any crime...no drugs or alcohol (not even as a kid)...have a spotless driving record...never been in a hospital (except to have my hips replaced)...no restraining orders...no contact with police *or* courts. I've led a life so boring that it would make you weep. And boring also means *clean*.
Yet I was turned down...no reason given.
Those are the facts...in my state at least.
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