BATFE

Uncategorized

It’s OK, It Was An “Only One”

May 14, 2014 by

Parts of Interstate 94 in downtown Minneapolis were shut down yesterday. It seems that there was a driver brandishing a firearm at another driver and the police had to make a “high-risk” traffic stop.

The incident began about 6:40 a.m. on eastbound I-694 in Brooklyn Park, when a motorist called police to report that another driver was displaying a gun.

Police caught up to the driver on I-94 at Olson Highway and blocked two southbound lanes long enough that traffic backed up to W. Broadway. The State Patrol took the man into custody but released him after officers learned he was an ATF agent who was carrying proper credentials.

“It’s under investigation,” said Lt. Eric Roeske of the Minnesota State Patrol. “We’re trying to determine the facts of what occurred.”

The agent’s name was not released per Minnesota Statute 13.82, which allows the identity of an undercover law enforcement officer to be kept private.

So the driver in question was not just any old “only one” but an undercover Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. I wonder if the BATFE will put the Special Agent in question on double-secret probation to go along with his (supposed) undercover status.

Uncategorized

Turns Out The Rumors Were True

April 9, 2014 by 6 Comments

When the rumor first started that Russian-made 5.45×39 ammunition with steel cores (7n6) was about to be banned, there was a bit of discussion and it seemed that the rumor was just that. Given that it started with the somewhat infamous James Yeager that made some sense.

Well, it turns out the rumor is now reality thanks to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. They issued a special advisory yesterday (April 7th) saying that it was prohibited from importation into the United States because they found a “pistol” chambered in that round. They deemed the steel core made this ammunition “armor piercing” which is prohibited from importation under the Gun Control Act of 1968 (unless for government use).

I remember buying two more spam cans of this ammo for about $159 per can plus shipping on Election Day 2012. Checking the Internet, the cheapest to be found is going for $209 a can with most other places selling it for $260 to $270 per can of 1,080 rounds. I’m glad I laid in what for me will be a lifetime supply for my AK-74.

To paraphrase that old saying about the blind pig and acorns, even James Yeager can be right…sometimes.

The BATFE special advisory is below:

Test, Examination and Classification of 7N6 5.45×39 Ammunition


On March 5, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) received a request from the U.S. Customs and Border Protection agency (CBP) to conduct a test, examination and classification of Russian-made 7N6 5.45×39 ammunition for purposes of determining whether it is considered “armor piercing ammunition” as defined by the Gun Control Act (GCA), as amended. Since 1986, the GCA has prohibited the importation of armor piercing ammunition unless it is destined for government use or testing. The imported ammunition about which CBP was inquiring was not destined for either excepted purpose.


The Gun Control Act of 1968 (GCA), as amended, defines the term “armor piercing ammunition” as:


“(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or


(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.” (emphasis added)


When ATF tested the 7N6 samples provided by CBP, they were found to contain a steel core. ATF’s analysis also concluded that the ammunition could be used in a commercially available handgun, the Fabryka Bronie Radom, Model Onyks 89S, 5.45×39 caliber semi-automatic pistol, which was approved for importation into the United States in November 2011. Accordingly, the ammunition is “armor piercing” under the section 921(a)(17)(B)(i) and is therefore not importable. ATF’s determination applies only to the Russian-made 7N6 ammunition analyzed, not to all 5.45×39 ammunition. Ammunition of that caliber using projectiles without a steel core would have to be independently examined to determine their importability.

H/T SayUncle

Uncategorized

Comment Of The Day

March 26, 2014 by 1 Comment

The comment of the day comes from Jim Shepherd of The Shooting Wire. He reviews the scathing decision by US District Court Judge John D. Bates in which he found that BATFE had erred in classifying Innovator Enterprises’ muzzle brake as a silencer.

Jim ends with this:

Using Judge Bates’ comparative critique of the flawed-logic used by the agency in its decision, you could draw the conclusion that possessing three characteristics of a competent police officer (a badge, gun, and arrest powers) wouldn’t qualify an individual (or group of similar individuals) to mount complicated investigations where a scrupulous attention to detail, an adherence to the rule of law, or an unswerving dedication to public safety during those investigations were essentials.

Maybe it’s just me, but this ruling makes another compelling argument that ATF is an agency in need of a top-to-bottom overhaul.

I think you’d find many rank and file BATFE agents in agreement with Jim’s conclusion.

You can read Judge Bate’s decision here.

Uncategorized

Legal Comment Of The Day

March 18, 2014 by 11 Comments

If anyone wonders about the level of firearms ignorance contained within the Obama Administration, read this paragraph filed as part of the legal proceeding against Ares Armor. It is from the US Attorney for the Southern District of California Laura Duffy and AUSA Daniel Butcher.

The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is conducting a lawful criminal investigation of the illegal manufacture, distribution, sale, and possession of AK-15 variant lower receivers, which are considered firearms under the Firearms Control Act, 18 U.S.C. § 921(a)(3).

Now I knew the AK-12 had been developed as the latest iteration of the AK-47 but hadn’t heard anything about a AK-15. I wonder if even the Russians know about the AK-15. If not, maybe the US Attorney’s Office in San Diego could tell them about it.

David Codrea has much more about the BATFE battle with Ares Armor here and here. Bob Owens at Bearing Arms has a whole series of videos taken of the raid that took place on Friday despite the existence of a restraining order against the BATFE.

Uncategorized

Naming ATF Headquarters After Eliot Ness Might Actually Be Appropriate

January 18, 2014 by 1 Comment

There is a move to name the Bureau of Alcohol, Tobacco, Firearms, and Explosives headquarters in Washington, DC after Eliot Ness of Untouchables fame. This move is supported by both Sen. Mark Kirk (R-IL) and Sen. Dick Durbin (D-IL).

Jonathan Eig, author of Get Capone, thinks this is a lousy idea. In his article in today’s Wall Street Journal, Eig lays out his reasoning.

Naming ATF headquarters after Ness is a lousy idea. It would be like naming Wrigley Field after the former Cubs outfielder Alfonso Soriano, a hot dog who never lived up to his hype.

Capone was actually brought down by President Herbert Hoover, U.S. Attorney George E.Q. Johnson and Internal Revenue investigators Frank Wilson and Elmer Irey, among others. Want to name a building after one of them? Go for it. They did heroic work; it isn’t their fault that their stories were never made into TV shows or movies. Most government employees (senators not included) do their best work quietly and without looking for attention—just ask any of the attorneys, scientists and investigators working today at the ATF’s unnamed headquarters building.

Eliot Ness was little more than a nuisance to Capone. The lawman raided some of the gangster’s breweries, helped disrupt his cash flow and built evidence that led to Capone’s indictment for violating prohibition. But in the end, prosecutors decided they couldn’t win with that evidence and dropped the charges. They wisely chose a more conservative approach: going after the gangster for income-tax evasion.

Moreover, Eig writes that Ness played around on his wife, tried to cover up an accident in which he was involved while driving drunk, he drank too much, and ended up selling frozen hamburger patties in the last years of his life because he was strapped for cash.

To summarize, Ness didn’t get his man, he had questionable morals, he probably was an alcoholic, he covered up a crime, he couldn’t manage his money, and he was prone to wild exaggeration about his accomplishments.

When you look at that summary of Ness’ life and career, who better to represent the modern day ATF?

Uncategorized

John Dodson On His New Book

December 12, 2013 by

BATFE Senior Agent John Dodson was interviewed about his new book and Operation Fast and Furious on Cam & Company on Monday. It is an interesting interview which touched upon not only Fast and Furious but the culture within BATFE that led to using developmentally disabled individuals as middlemen.

I just picked up a copy of his book The Unarmed Truth: My Fight to Blow the Whistle and Expose Fast and Furious at my local Sam’s Club. I am looking forward to reading it between now and the New Year.

I’m glad to see it on the shelves at Sam’s Club because this means both the book and the scandal will get more exposure. I spoke with one of the product demonstrators at Sam’s who noticed the book in my cart. She was shocked when I told her the story behind Fast and Furious as she had never heard anything about it in the news.

It is a good interview and it flows right along. I suggest listening to the whole thing.

Uncategorized

ATF 41P: Deadline For Comments Is Monday At 11:59PM EST (Updated)

December 11, 2013 by 1 Comment

Back on September 9th, the Bureau of Alcohol, Tobacco, Firearms, and Explosives issued a proposed rule and opened the comment period. The proposed rule would require Chief Law Enforcement Officer (CLEO) signoff for all NFA transfers including ones for trusts, partnerships, and corporations. As we all know, in many areas, this is impossible to obtain and people go to NFA or gun trust route for just this reason.

The comment period is coming to an end tomorrow (Monday, December 9th) at 11:59pm EST. As of Saturday, BATFE has received 7,291 comments on the ATF 41P. From what I can tell, the overwhelming majority are firmly opposed to this proposed rule.

The American Silencer Association has an excellent page up on how to comment along with templates for your comments. I used one of their templates and then modified it.

Robb Allen at Sharp As A Marble has posted his comment which is much shorter and to the point. There are some variations in the comment section. I think any or all of them would make worthwhile comments to submit.

Jeff Know of The Firearms Coalition has his organization’s comment up here. They are pointing people to attorney John Pierce’s site for examples of short comments as well as some background information on the rulemaking effort. Mr. Pierce has nine suggested comments.

It is too late to mail a comment by the US Postal Service but it sure isn’t too late to use the Federal eRulemaking Portal. Just ID as being for ATF 41P.

All you need to do is cut and paste one of the suggested comments from the links above. It will push up the number opposing it and make it harder for the BATFE to justify going through with this nonsensical proposal.

Or at least it should!

UPDATE: The number of submissions as of Sunday night was 8,124. That means they received 833 comments or more than 10% of the total yesterday. Let’s see if we can double that today!

UPDATE II: The comments are now closed for ATF 41P.  David Codrea’s National Gun Rights Examiner column from Tuesday points to one of the more important submissions. It is from the Firearms Industry Consulting Group of the Prince Law Firm. The submission, which can be downloaded in its entirety here, is over 500 pages including appendices. The comment was submitted on Monday to the Federal and does make reference to a number of the earlier comments submitted.

David notes that:

The FICG comments raise serious questions about both ATF’s compliance with established rules and the law, as well as about the Bureau’s relationship with leaders of the National Firearms Act Trade and Collectors Association, which filed the petition ATF says prompted the rulemaking change proposal in the first place.

Joshua Prince, one of the two principal authors of the submission, says that the BATFE’s actions with regard to the rulemaking give plenty of cause for judicial review if the rule is adopted.

While our Comment may seem massive to some, with funding, a thorough Comment with evidentiary support, including expert affidavits, reports, and analysis, would have likely been almost double in size. Nevertheless, ATF’s failure to comply with the Administrative Procedure Act in a number of ways will allow for judicial review, if ATF decides to move forward with promulgating any final rule. If ATF is inclined to move forward with any final rule, it’s best course of action is to start anew and correct all of its violations of law. But, we know ATF won’t do that, because it cannot admit when it violates the law.

Hence, the Firearms Industry must prepare to fund the necessary litigation to invalidate any final rule.

Given the BATFE’s predilection for bending or breaking the law and with the Democrats’ packing of the US Court of Appeals for the District of Columbia, this rulemaking bears a lot of attention as it goes forward.

Uncategorized

BATFE – We Aren’t Saying It Is Illegal Or Wrong But…

October 28, 2013 by 3 Comments

The Bureau of Alcohol, Tobacco, Firearms, and Explosives released a new “informational” YouTube video this past Thursday on private and Internet sales. The video was narrated by Rich Marianos, Assistant Director for Professional and Governmental Affairs.

The ostensible purpose of the video is to provide “guidance” regarding private and Internet sales. While noting that firearms are a legal commodity and that private sales without a background check are perfectly legal between residents of a state under the Gun Control Act of 1968 (note – state laws may vary), he then alludes to criminals obtaining firearms without going through a background check. He then makes the strong suggestion that private sellers “protect” themselves by having the transaction handled by a FFL who must perform a NICS check.

I almost laughed out loud when Marianos said that AFT respects the Second Amendment rights of “our citizens who own firearms” and that they are only concerned with “traffickers”. I’m sure that explains the visit that gun blogger Andrew Tuohy of the Vuurwapen Blog received from ATF agents last year asking about his firearms purchases.

After listening to the deadpan delivery of Marianos which makes Sgt. Joe Friday of Dragnet seem animated and his announcement that ATF has established an Internet Firearms Trafficking Unit, I am left to wonder who is jerking ATF’s chain about private and/or Internet sales. Is it new Director B. Todd Jones, the White House, or Mayor Bloomberg and his Illegal Mayors? Someone surely is doing it because getting a new unit approved is not an everyday occurrence.

Uncategorized

About Those ATF e-Forms? Fuhgeddaboudit

October 9, 2013 by 1 Comment

According to a release sent out by the National Shooting Sports Foundation late yesterday afternoon, the BATFE’s e-Forms system will be down for the duration of the “shutdown”. More on that below:

NSSF has learned that the ATF e-Forms system is going offline and will be unavailable due to the ongoing federal shutdown. This service will remain offline during the duration of the shutdown.

As we reported Monday:

  • The FBI’s NICS Section is maintaining normal business hours.

  • The ATF Office of Enforcement Programs and Services (EPS), which includes the imports, firearms technology, NFA branches, the licensing center and firearms industry programs branch now processing marking variances, is effectively shut down, operating with minimal staff.

  • The State Department’s Directorate of Defense Trade Controls (DDTC) is accepting licenses, but only acting on them in genuine emergency situations.

  • The Commerce Department Bureau of Industry and Security (BIS) is no longer accepting export license applications, classification requests (CCATS), encryption reviews, encryption registrations or advisory opinion requests. Similarly, BIS will not be issuing any final determinations. All pending export license applications, commodity classification requests, encryption reviews, encryption registrations and advisory opinion requests will be held without action by BIS until the shutdown ends.

NSSF will continue to update the industry as additional details on the government shutdown become available

Uncategorized

ATF Proposed Rule on NFA Trusts Published

September 9, 2013 by 6 Comments

We knew it was coming and now it is here. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, at the behest of President Barack Obama and Attorney General Eric Holder, have now published their proposed rule regarding background checks and Chief LEO sign-offs for trusts and/or corporations seeking to purchase firearms that come under the National Firearms Act of 1934.

The proposed rule was published today in the Federal Register and can be found here.

The more extensive rationale for this as signed by Attorney General Holder can be found on the ATF website here.

We will have 91 days from today in which to submit comments regarding this proposed rule. I hope to have an automated letter generator up similar to what we did a couple of years ago on the multiple semi-auto rifle purchase reporting requirement. In the meantime, Prince Law Firm has a number of suggested letters here. They have some additional suggested steps to take here.

As attorney Dave Hardy said with regard to the petition from the NFA Trade and Collectors Association, expecting ATF to be reasonable is never a good idea. David Codrea has more on the petition from NFATCA here and the consummate stupidity of their move.

While the background checks of all responsible persons within a gun trust might be tolerable, it is the requirement for the CLEO check-off that is the real knife in the back. In many locations, chief law enforcement officers won’t sign off on any NFA item regardless of whether it is a suppressor or a full-auto machine gun. NFA gun trusts were the one way around anti-gun police chiefs and sheriffs. The new proposed rule does away with that.

I had batted the idea of a NFA trust around with my brother-in-law. I think we may be doing something sooner than later and I’d suggest you might want to do the same.