DOJ - ATF- proposed new rule FireArms - Ghost Guns
About damn time because this has been a growing problem and it’s putting law enforcement in more danger
Biden Administration knows…
America has a growing epidemic- gun violence. Arguably you could call this a public health crisis. While the previous administration espoused a
national crisis at the Southern Border - I very much look forward to the current Administration using the same (judicially affirmed) logic when addressing the Gun Violence in America. We are losing dozens and sadly sometimes hundreds of lives due to gun violence. And YES - this is uniquely an American issue. Don’t you dare say I’m an anti second amendment person because I worked for the NRA. I enjoy shooting and I’m actually a decent shot.
This isn’t the NRA or GOP bullshit fear mongering that libtards are coming to take your guns. No this is about January 1, 2021 to May 9, 20211 approximately 15,201 Americans have lost their lives due to guns.
The aggregate numbers
approximately 8,514 Americans died by suicide involving a gun.
approximately 6,687 Americans homicide/murder/unintentional
approximately 12,253 Americans have been injured
Again those are the current numbers from January 1, 2021 thru May 9, 2021 per https://www.gunviolencearchive.org <—Res ipsa loquitur
What are Ghost Guns?
In layman’s terms a ghost gun is defined as: as gun that is unserialized and untraceable firearm and no background check is required . A ghost gun kit is defined as: unfinished frames or receivers (it’s a piece of the firearm that contains the operating parts of the firing mechanism) and can be easy assembled at home with the correct equipment. 3D-printed guns also fall into the broad category of ghost guns. All a person needs to print a function gun at home are; CAD files, 3D printer and materials to print a 3D gun. In short ghost guns can be used by individuals whom a court has ordered “can not possess a firearm”, gangs, international and domestic terrorists.
In the recent years Ghost Guns have had devastating consequences on both State and Federal Law Enforcement. For Example:
“Forty-one percent, so almost half our cases we're coming across are these ghost guns." -2020, Carlos A. Canino, the Special Agent in charge of the ATF Los Angeles Field Division
2017, three ghost guns were recovered by law enforcement in the District of Columbia. 2018, it was 25 ghost guns and 2019, 116 ghost guns were recovered, and at least three in connection with homicides.
Ghost guns have been used in three separate mass shootings in California: Saugus (2019), Tehama County (2017), and Santa Monica (2013). Twelve people, including two teenagers, were killed in these shootings. Dozens more were shot and injured.
ATF - Ghost Guns proposed New Rule
One thing that isn’t discussed a lot but it’s important to know that the term “firearm” has not been updated/amended since any federal statute or subsequent rule making since 1968. Which was its only a firearm was defined - pursuant to the 1968 Gun Control Act. 2 Which reads in part and clearly defines a “firearm”
PUBLIC LAW 90-618-OCT. 22, 1968 3
" (3) The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel H projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device…
The ATF and DOJ announced on May 7, 2021 4a proposed rule making would update the definition of “firearm” thereby closing a regulatory loophole regarding unmarked firearms, known as “ghost guns.” - At the time these definitions were published over 50 years ago, as the proposed new rule states, see page 5 - which reads in part:
…single-framed firearms such as revolvers and break-open shotguns were far more prevalent for civilian use than split/multi-piece receiver weapons, such as semiautomatic rifles and pistols with detachable magazines. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. Years after these definitions were published, split/multi-piece receiver firearms, such as the AR-15 semiautomatic rifle (upper receiver and lower receiver), Glock semiautomatic pistols (upper slide assembly and lower grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. military) (upper slide assembly, chassis, and lower grip module), became popular
Definition of “Frame or Receiver” and Identification of Firearms
As previously mentioned on May 7, 2021, the Attorney General signed ATF proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the proposed rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
The data shows, from 2016 to 2020, more than 23,000 un-serialized firearms were reported to have been recovered by law enforcement from potential crime scenes — including in connection with 325 homicides or attempted homicide— since “ghost guns” do not bear a serial number or other markings of a licensed manufacturer or importer - this statistic should shock you:
ATF has found it extremely difficult to complete such traces on behalf of law enforcement to individual unlicensed purchasers. From January 1, 2016, through March 4, 2021, ATF could only complete traces of suspected PMFs recovered by law enforcement to an individual purchaser in approximately 151 out of 23,946 attempts…
As noted the proposed rule (once implemented) the DOJ & ATF argue, would help address the proliferation of these un-serialized firearms in three ways and these are important;
To help keep guns from being sold to convicted felons and other prohibited purchasers, the rule would make clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun at home.
To help law enforcement trace guns used in a crime, the rule would require that manufacturers include a serial number on the firearm “frame or receiver” in easy-to-build firearm kits.
To help reduce the number of “ghost guns” on our streets, the rule would set out requirements for federally licensed firearms dealers to have a serial number added to 3D printed guns or other un-serialized firearms they take into inventory.
♦️Submit a Comment Proposed Rule 2021R-05
ATF specifically requests comments on the feasibility of implementing the new definition of firearm “frame or receiver” in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
ATF also requests comments from the public concerning the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.
Federal eRulemaking Portal
ATF recommends that you submit your comments to ATF via the Federal eRulemaking portal at www.regulations.gov and follow the instructions.
Comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that is provided after you have successfully uploaded your comment.
♦️Submit your comment online♦️
…in general I’ll never fully understand why some do not take the time to explain to the general electorate the “process” of rule making. Because those of us who both understand public policy within the current legal framework and how the public policy sausage us made, we inherently know that there’s a lot of due diligence performed in advanced of the publication of a proposed new rule.
ATF April 2021 Regulatory Analysis
Glossary of Acronyms contained within the Regulatory Analysis;
ATF - Bureau of Alcohol, Tobacco, Firearms, and Explosives
BLS - Bureau of Labor Statistics
CFR -Code of Federal Regulations
FATD -Firearms Ammunitions Technology Division
FFL -Federal Firearms License
IRFA -Initial Regulatory Flexibility Analysis
NAICS -North American Industry Classification System
NPRM -Notice of Proposed Rulemaking
OMB -Office of Management and Budget
PMF -Privately Made Firearm
RFA -Regulatory Flexibility Act
As noted in the Executive Summary -additional cost would be negligible but there will likely be additional cost associated with record keeping and maintaining data collected. Which is not at all unexpected
The majority of the industry currently comply with these requirements, so the cost is minimal. While the new definitions would mostly affect new designs or configurations of firearms, manufacturers are still able to receive a determination or a variance on the design and configuration from ATF; therefore, they may not experience an additional cost or burden.
Closing Frame/Receiver loophole
Hallelujah… see March 2021 letter from numerous State Attorneys General concerning this specific issue.
…where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm “frame or receiver” that must be marked….weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive are “firearms” for which each frame or receiver of the weapon, as defined under this rule, must be marked.
Wait so what you’re telling us that a certain PITA Twitter account who repeatedly tweeted in 2018 to 2020 “ghost guns and/or 3D print guns” might give rise to Courts determining that they are “not under the 1968 definition of firearm” that would be increasingly problematic for Federal Prosecutors.
Well. Well. Well. imagine that aforementioned Twitter account wasn’t wrong and yet I was trolled and harassed. I now refer you to page 19 of the ATF regulatory analysis. The trolls who said I was wrong - Duh me canz readz goodly and apparently you can not. Snort. The saltiest of tears.
Oh boy so on page 20 - the theoretical argument actually has/had actual real life and arguably adverse judicial implications. The proposed new rule would help further clarify the “definition” of a firearm and this would assist the Courts with the growing paradox of what constitutes a firearm
If you followed me on Twitter then you might recall the copious threads, Complaints and other litigation that States initiated concerning the uptick in Ghost Guns - See March 2019 and December 2020 Twitter Thread Archive found here.
Ghost Guns and State Attorneys General
As noted in the archived/embedded Twitted thread from early 2019 to present many State Attorneys General filed complaints taking on the Trump Administration’s unbelievably reckless “green light” of 3D-CAD files. This put many State Attorneys General at the frontline of fighting disastrous and reckless decisions by the previous administration. Let’s not forget that Trump turned out to be one of the weakest and arguably feckless presidents who consistently demurred and bent over for the NRA.
For Example in August 26, 2020, Everytown for Gun Safety and four municipalities filed a suit against the ATF and the U.S. Department of Justice alleging that those agencies unlawfully concluded that ghost guns are not “firearms” under the GCA. In an amicus brief supporting the plaintiffs, fourteen State Attorneys General urged the court to force ATF to properly regulate ghost guns because:
Ghost guns are prohibited by federal law: The GCA requires “firearms” to include serial numbers and purchasers of those weapons to pass a background check, among other requirements. Specifically, the statute defines “firearm” as “any weapon which will or is designed to or may readily be converted to expel a projective by the action of an explosive” or “the frame or receiver of any such weapon.” This clearly describes the nearly assembled guns these companies are selling, which are sold without background checks and not marked with serial numbers.
Untraceable weapons threaten public safety: ATF’s unexplained interpretation emboldened the ghost gun industry and allowed it to rapidly expand across the country. Ghost guns were virtually absent from many jurisdictions prior to the adoption of the new interpretation.
Ghost gun dealers are using the ATF’s rule to mislead consumers: Companies that sell ghost guns have pointed to the ATF’s rule to claim their products are legal, disregarding numerous state laws that specifically ban the sale of these firearms.
March 2021 Letter from AGs to DOJ
As mentioned (repeatedly) when the Trump administration employed the stunning reversal of 3D print guns. Numerous State Attorneys General took action and continued to lobby the Biden Administration. Hence their March 2021 Letter5
ATF’s interpretation of the federal Gun Control Act allows a dangerous loophole that gives criminals ready access to even the most dangerous types of firearms: the “80% receiver” loophole. Some of us have expressed our views through legal action, and others had the opportunity to meet with ATF and shared our view that addressing this loophole is an urgent public safety priority.
So for now you should have a plethora of original documents, instructions on how to submit a comment concerning the proposed ATF New Rule and plenty of Spicy Snark.
For now I’m turning my attention to the shed, fish/scaling wash bench and a few other smaller projects that need to be completed before the renters arrive for high season. Oh with the recent announcement that the County will finally lift the “Covid-19 visitor restrictions”—Which restricted access to non-owner “visitors”—a week earlier than previously announced. Heck yes it’s the little things in life that bring joy. Now if anyone told me I’d spend this much money on wood - I would (see what I did there) told them GTFOH.
Be well. Be happy and be informed
-Filey
Gun related deaths data derived from https://www.gunviolencearchive.org - last visited May 9, 2021
There are two principal federal firearms laws currently in force are the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA), as amended
PUBLIC LAW 90-618-OCT. 22, 1968 via the Government Printing Office - last visited May 9, 2021 - https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf
Note that the AFT PDF is NOT the final rule nor has it been published in the Federal Register, https://www.federalregister.gov/public-inspection/search?conditions%5Bterm%5D=ATF once proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms - is published in the Federal Register then you can submit comments.
March 22, 2021 State Attorneys General Letter to Attorney General Garland - last visited May 9, 2021 https://www.oag.state.va.us/files/2021/3-22-21-AG-Garland.pdfA5
I would love to book a week at that haven!! dm deets?