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California Sues to Force ATF to Outlaw Homemade Guns, Analysis
AmmoLand ^ | 22 March, 2021 | Dean Weingarten

Posted on 03/29/2021 8:56:19 AM PDT by marktwain

On September 29th, of 2020, The Giffords Law Center and the State of California, sued the BATFE, demanding they change their regulations and outlaw “80% receivers”. Essentially they were demanding the ATF change the law to outlaw homemade guns.

This is much-delayed, but worth re-hashing especially in light of the 80% lower debate we are seeing with FOAC in Pennsylvania , part 2 is an analysis of the false assumptions in the lawsuit.

Part one of this analysis deals with the predicates of the lawsuit, filed against the BATFE by the State of California and others, in the first paragraph.

The Philosophical Basis of GCA 68 is an affront to the Second Amendment.

The first paragraph claimed restricting access to common weapons was a positive social good. It claimed restrictions on sales had a positive effect on restricting access to firearms by dangerous people. Those are false assumptions.

In Part 2, the second paragraph of the predicates of the lawsuit is examined.

The second paragraph in the lawsuit attempts to show that ATF regulations have been weakened, and criminals are gaining access to homemade firearms in significant numbers because of changes by the ATF.

To believe this premise you must believe the GCA 1968 restrictions were effective, to begin with. They never were effective.

The assertions are not legal questions, but questions of fact and legislation beyond the purview of the ATF. Those questions should not be decided by a judge or an administrative entity. The plaintiffs are requiring the ATF to change legislation.

For the sake of argument, consider the predicates for the lawsuit put forward in the second paragraph. From courthousenews.com:

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: California
KEYWORDS: atf; banglist; ca; homemadeguns
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The California lawsuit assumes reducing the number of guns is in the public interest.
1 posted on 03/29/2021 8:56:19 AM PDT by marktwain
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To: marktwain

They want ATF to change legislation?

Are they elected to do such thing?


2 posted on 03/29/2021 9:07:06 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Vendome
Are they elected to do such thing?

The Kali legislators do tend to think they should run the country...

3 posted on 03/29/2021 9:09:23 AM PDT by Billthedrill
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To: marktwain

How many “home made guns” have been used in crimes?


4 posted on 03/29/2021 9:09:49 AM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: marktwain

In the movie of the Man With the Golden Gun, Christopher Lee assembled his gun, probably built by Lazar.
The weapon is a custom-built, single-shot pistol assembled from : a pen, a lighter, a cigarette case and a cufflink.

Armament: x1 custom-made 4.2-millimeter (.165 Bullet – A single custom-made 4.2 mm golden (23-carat gold with traces of nickel) dum-dum bullet can be fitted into the ‘breech’ of the cigarette lighter. For transit, the ammunition is concealed in the buckle of his belt...
Type: Custom-built firearm
Fountain Pen – Forming the ‘barrel’ of the pistol, the pen screws directly into the body of the lighter. Includes removable thread cap.
Gold Cigarette Lighter.png Lighter – With a hidden ‘slide out’ section the lighter forms the main body of the weapon. The lighter ‘lid’ opens to reveal a breech chamber.
Gold Cigarette Case.png Cigarette Case – The end of the case opens to create the handle and trigger housing.
Gold Cufflink.png Cufflink – With sprung blades, the cufflink fits into the trigger housing to create the trigger which can be pulled.

This is from the James Bond fan site
https://jamesbond.fandom.com/wiki/Golden_Gun#:~:text=In%20the%20film%20adaptation%2C%20the,cigarette%20case%20and%20a%20cufflink.


5 posted on 03/29/2021 9:15:02 AM PDT by frank ballenger (End vote fraud, harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: Vendome
"They want ATF to change legislation?

Are they elected to do such thing?

The old legislation by litigation ploy. A succesful trick used by activists that want a certain agency to change or add a rule in their favor. Cali sues ATF, sympathetic ATF settles by agreeing to the rule. As the rule change is a court approved settlement, it becomes regulation. Slick trick.

6 posted on 03/29/2021 9:30:45 AM PDT by buckalfa (I have forgotten more than I ever knew.)
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To: frank ballenger

I believe the golden gun was made by Colibri


7 posted on 03/29/2021 9:40:30 AM PDT by P8riot (I carry a gun because I can't carry a cop.)
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To: marktwain

East Los Angeles is a mecca for manufacturing such devices.


8 posted on 03/29/2021 9:42:33 AM PDT by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: Vendome

“They want ATF to change legislation?”

Didn’t they set a precedent for exactly that with bump stocks?


9 posted on 03/29/2021 9:42:41 AM PDT by Bonemaker (invictus maneo)
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To: Vendome

They tried to do this exact thing with bump stocks and it was recently overturned by the Sixth Circuit.

https://thefederalist.com/2021/03/26/federal-appeals-court-rules-trumps-bump-stock-ban-is-unconstitutional/

It’s scary to think the politicians do not know the laws that they themselves pass.


10 posted on 03/29/2021 9:45:45 AM PDT by suthener
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To: buckalfa

“The old legislation by litigation ploy. A succesful trick used by activists that want a certain agency to change or add a rule in their favor. Cali sues ATF, sympathetic ATF settles by agreeing to the rule. As the rule change is a court approved settlement, it becomes regulation. Slick trick.”

That works with the EPA but I don’t think it will work for ATF. I can’t say exactly why; maybe too many people pay attention to the gun laws and not so much environmental laws.


11 posted on 03/29/2021 9:48:26 AM PDT by suthener
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To: marktwain

No 80%’s, then no 70%’s, . . . , then no blocks of steel, etc.

Pretty soon, no molecules, and especially no plastic (from fossil fuels).


12 posted on 03/29/2021 9:48:43 AM PDT by Scrambler Bob (This is not /s. It is just as viable as any MSM 'information', maybe more so!)
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To: suthener

I hope you are correct.


13 posted on 03/29/2021 9:51:16 AM PDT by buckalfa (I have forgotten more than I ever knew.)
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To: Organic Panic

14 posted on 03/29/2021 9:52:07 AM PDT by Magnum44 (...against all enemies, foreign and domestic...)
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To: frank ballenger
The Japanese didn't like these in the Phillipines.


15 posted on 03/29/2021 9:56:04 AM PDT by Bonemaker (invictus maneo)
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To: marktwain

If the state wants to make you an enemy, might as well be the best one you can be.


16 posted on 03/29/2021 9:57:53 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: marktwain

How would they know?


17 posted on 03/29/2021 10:22:51 AM PDT by SkyDancer (To Most People The Sky's The Limit ~ To A Pilot, It is Home)
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To: suthener
It’s scary to think the politicians do not know the laws that they themselves pass.

Oh, they know all right. They just don't care, and they think the law and Constitution are whatever they want them to be. It's now almost open tyranny.

18 posted on 03/29/2021 10:32:41 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: marktwain
The important question to ask here is "who the ATF to ban any weapon?"
19 posted on 03/29/2021 10:42:42 AM PDT by T.B. Yoits
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To: P8riot

I bow to your higher knowledge as mine was limited entirely to the website which said “presumably made by Lazar” or something.

Here is further gun info. from a website, thanks to your tip.

https://www.jamesbondlifestyle.com/product/golden-gun
(excerpt from middle of article)
The movie prop is credited at the end of the movies as “Golden Gun made by Colibri Lighters, London, U.K.” but there are different stories about who actually created the gun. According to one story, the props were fabricated by special effects expert John Stears (who made Scaramanga’s “flying car” for the movie) from parts manufactured by Colibri and Waterman (the pen).

Another story, put forth by the film’s art director Peter Lamont, states that “Lamont himself designed the weapon and built a prototype from balsa wood with a real gold Waterman pen as the barrel, then approached Colibri to make a final version. This was apparently constructed in a very rushed manner, and was made from cigarette lighter parts which were held together by magnets; this prototype was rejected due to its tendency to fall apart while being handled. Lamont says he then approached a London silversmith firm by the name of “Rose” to make the three screen-used props from silver, plated with 18-carat gold. Colibri were later contracted to manufacture a number of additional, high-quality Golden Guns for PR use; according to Lamont, no Colibri-built Golden Gun was ever used in the movie itself.” (source: IMFDB, Original Prop)

Three Golden Gun props were made for the movie: a solid piece, one that could be fired with a cap and one that could be assembled and disassembled, although Christopher Lee said that the process “was extremely difficult.” On 10 October 2008, it was discovered that one of the golden guns used in the film, which is estimated to be worth around £80,000, was missing (suspected stolen) from Elstree Props, a company based at Hertfordshire studios.

Two official prop replicas of the golden gun were released: the first by SD Studios and the more recent Factory Entertainment version.


20 posted on 03/29/2021 10:49:50 AM PDT by frank ballenger (End vote fraud, harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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