ATF Posts Rule On “Engaged In The Business” Today

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has posted their rule (Document Citation 89 FR 28968) defining what they contend is “engaged in the business” of dealing firearms. The rule was posted in the Federal Register early this morning and will become effective on May 20, 2024. They assert this redefinition was forced upon them by the change in wording of a dealer put into the Bipartisan Safer Communities Act. While both Senators John Cornyn (R-TX) and Thom Tillis (R-NC) contend this was not their intention, they were stupid enough to believe Chris Murphy and the rest of the gun prohibitionist Democrats.

Bill Sacks of the Second Amendment Foundation breaks down the new rule and provides an explanation of it. I should note the full PDF post of the ruling goes for 126 pages.

I have not read all 126 pages of the ruling. However, I did see that they had received 258,000 comments in favor of the rule with only 99,000 opposing it. That said, 98% of those in favor of the rule submitted boilerplate wording from one of the gun control corporate entities. By contrast, only 81% of the comments opposing the new rule were boilerplate meaning that those opposed to the rule were much more likely to submit a pertinent comment. It does bother me that the prohibitionists were able to generate 2 1/2 times more comments in favor of the rule than we did in opposition. Of course the numbers could have been reversed and the Department of Justice would still have ruled as they did. It is obvious reading the responses that we don’t count in this administration.

I fully anticipate organizations such as SAF, FPC, and GOA will file suit against this rule in the days to come. Now that Joseph Greenlee is the Director of Litigation for the NRA-ILA there is some hope that they will also file suit.

I did hear a suggestion today that we should overwhelm the ATF by having everyone pony up the $2-300 required for a 01 FFL and submit their application. You may remember that prior to the Clinton Administration raising the cost there were approximately 300,000 FFLs in the US. Today the number is between 50,000 and 80,000. It is an interesting approach but one I don’t think I’ll take.

Firearms Business Conference – Zero Tolerance Inspections

I wrote last week that Montgomery Community College was holding a Firearm Business Conference. I had planned to attend virtually using Zoom. Due to some technical difficulties, I wasn’t able to catch everything. However, all sessions were recorded and now are up on YouTube.

One session that really caught my eye was on the zero tolerance inspection policy demanded by the Biden Administration. It was taught by Judy Ladeaux of NSSF. Prior to joining NSSF, she was the Director of Industry Operations in the ATF’s Columbus Field Division.

One interesting topic that came up around the 10 minute mark of the video below was where a state-issued CCW permit substitutes for a NICS check. As she made clear, a purchaser may still be in possession of a revoked CCW permit while being a prohibited person. That can very well be caught during the compliance inspection. While it will not be considered “willful” and result in a revocation of your FFL, it will still be a black mark. She said she had suggested to many FFLs while still with ATF that they could require a NICS check on all sales regardless of a CCW.

Listening to her you really get a feeling for just how nit-picky that Industry Operations Inspectors have been forced to become. While the goal is to make every firearm traceable – including your Polymer 80 type frames – the absurdity of it is that it only goes to the original purchaser in most cases. Firearms can change hands privately in most states without another background check. There is nothing requiring the seller to even get the buyer’s name, address, etc. Now I think you and I might think that would be a good idea to cover our asses but it usually isn’t required unless you live in an Un-Free State.

The last 10 minutes of the session are spent on the things that will get your FFL yanked by ATF and especially the “five deadly sins”.

For those of us who are not dealers, this is good background information. For those that hold a FFL, I would study this video and watch it multiple times. It could be that your livelihood depends upon it.

The Next Battle Has Begun – Salvo Three

You didn’t think Nancy Pelosi would ignore a chance to burnish her progressive credentials with a statement on gun control, did you? If you did, you were living in a dream world.

Of course, Pelosi had to weigh in on gun control on the anniversary of the Parkland murders.

“Three years ago, our nation watched in horror and heartbreak as 17 beautiful souls were stolen in an act of unspeakable terror and gun violence at Marjory Stoneman Douglas High School.  Today, we continue to grieve and work with the Parkland families and survivors who have turned their pain into courageous action, inspiring a movement across the country to say, ‘Enough is enough!’

“Last Congress, moved by the daily epidemic of gun violence and guided by the millions of young people marching for their lives, House Democrats took bold action to save lives and end the bloodshed by passing H.R. 8, the Bipartisan Background Checks Act, and H.R. 1112, the Enhanced Background Checks Act.  Now, working with the Democratic Senate and Biden-Harris Administration, we will enact these and other life-saving bills and deliver the progress that the Parkland community and the American people deserve and demand.

“On this solemn remembrance, Democrats join the American people to renew our commitment to our unfinished work to ensure that no family or community is forced to endure the pain of gun violence.  We will not rest until all Americans, in schools, in the workplace, in places of worship and throughout our communities are safe, once and for all.”

If she were serious about “gun violence” (sic), she would be battling the scourge of drug gangs in minority neighborhoods, she would overturning Obama era policies that allowed the Parkland killer to avoid coming to the notice of police, and she would be getting rid of gun free zones that are nothing but hunting preserves for psychopaths to quote Massad Ayoob.

The Next Battle Has Begun – Salvo Two

The next salvo in this battle came yesterday from Joe Biden. After bemoaning the lives lost to “gun violence” (sic), he lists a number of “commonsense” items that will solve the issue and “make us safer.”

Three years ago today, a lone gunman took the lives of 14 students and three educators at Marjory Stoneman Douglas High School in Parkland, Florida. In seconds, the lives of dozens of families, and the life of an American community, were changed forever.

For three years now, the Parkland families have spent birthdays and holidays without their loved ones. They’ve missed out on the experience of sending their children off to college or seeing them on their first job after high school. Like far too many families, they’ve had to bury pieces of their soul deep within the Earth. Like far too many families — and, indeed, like our nation — they’ve been left to wonder whether things would ever be okay.

These families are not alone. In big cities and small towns. In schools and shopping malls. In churches, mosques, synagogues, and temples. In movie theaters and concert halls. On city street corners that will never get a mention on the evening news. All across our nation, parents, spouses, children, siblings, and friends have known the pain of losing a loved one to gun violence. And in this season of so much loss, last year’s historic increase in homicides across America, including the gun violence disproportionately devastating Black and Brown individuals in our cities, has added to the number of empty seats at our kitchen tables. Today, as we mourn with the Parkland community, we mourn for all who have lost loved ones to gun violence.

Over these three years, the Parkland families have taught all of us something profound. Time and again, they have showed us how we can turn our grief into purpose – to march, organize, and build a strong, inclusive, and durable movement for change.

The Parkland students and so many other young people across the country who have experienced gun violence are carrying forward the history of the American journey. It is a history written by young people in each generation who challenged prevailing dogma to demand a simple truth: we can do better. And we will.

This Administration will not wait for the next mass shooting to heed that call. We will take action to end our epidemic of gun violence and make our schools and communities safer. Today, I am calling on Congress to enact commonsense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets. We owe it to all those we’ve lost and to all those left behind to grieve to make a change. The time to act is now.

Here is an inconvenient truth that Mr. Biden will never acknowledge. It was the policies of the Obama-Biden Administration that created the circumstances that allowed a troubled, angry, and violent young man to stay off the radar and pass a NICS check.

And since we are talking about the deaths of those with brown skin, it was also the policies of the Obama-Biden Administration with Operation Fast and Furious aka Project Gunwalker that sent thousands of weapons south of the border which led to the deaths of at least 300 Mexican nationals.

The Next Battle Has Begun – Salvo One

The war for our gun rights began in 1934 with the National Firearms Act if not earlier. Battles that were fought along the way include the Gun Control Act of 1968, the Firearm Owners Protection Act of 1986 (with the Hughes Amendment), the Brady Bill, and the Clinton Assault Weapons Ban.

The first shots in the next battle have been fired. We knew it was coming the moment the Democrats essentially won control of the Senate.

Last week, Bide policy advisors Susan Rice and Cedric Richmond had all the major gun control groups to the White House to discuss strategy. Here is the White House’s release on it:

Today, Domestic Policy Advisor Susan Rice and White House Public Engagement Director and Senior Advisor Cedric Richmond hosted a virtual discussion with leaders of gun violence prevention advocacy groups – Everytown for Gun Safety, Moms Demand Action, Giffords, and Brady. They discussed the ongoing public health crisis of gun violence in America, the historic increase in homicides across American cities last year, and commonsense steps that can be taken to make our communities safer such as closing background check loopholes, stopping the proliferation of unregulated and untraceable “ghost” guns, and expanding community-based violence intervention programs.

Ambassador Rice and Congressman Richmond expressed gratitude for the leaders’ ideas, persistent advocacy efforts over the years, and commitment to working together to tackle the gun violence epidemic. Ambassador Rice and Congressman Richmond also underscored President Biden’s longstanding record of fighting for families impacted by gun violence, his full support for taking commonsense actions to reduce gun violence, and his unwavering commitment to pushing ahead further steps to make our communities safer.

The Bloomberg groups had this comment on the event:

“This meeting provided more evidence that the Biden Administration is committed to being the strongest we’ve ever seen on gun safety,” said John Feinblatt, president of Everytown for Gun Safety. “With Covid making gun violence worse and armed extremists literally holding our democracy at gunpoint, the time for action is now –– and we fully expect to see it soon.”

“Gun safety was a cornerstone of President Biden’s campaign, and this meeting confirmed that gun safety is a top priority for the Biden administration as well,” said Shannon Watts, founder of Moms Demand Action. “We look forward to working with the administration to save lives and stop gun violence, and we’re confident that we will see executive and legislative action in the near future.”

Remember, it is not about the criminal misuse of a firearm with these people. It is about power and they need a disarmed populace to achieve it.

ATF Raid On Polymer80 – A Sign Of Things To Come? (Updated)

The Wall Street Journal is reporting that ATF agents raided 80% lower maker Polymer80 yesterday.

From the WSJ:

Federal agents on Thursday raided one of the nation’s largest manufacturers of ghost-gun parts, a sign that federal law enforcement is cracking down on kits that allow people to make weapons at home.

The raid target, Nevada-based Polymer80, is suspected of illegally manufacturing and distributing firearms, failing to pay taxes, shipping guns across state lines and failing to conduct background investigations, according to an application for a search warrant unsealed Thursday after the raid took place.

The probe focuses on Polymer80’s “Buy Build Shoot Kit,” which includes the parts to build a “ghost” handgun. The kit, which Polymer80 sells online, meets the definition of a firearm, ATF investigators determined according to the warrant application. That means it would have to be stamped with a serial number and couldn’t be sold to consumers who haven’t first passed a background check.

The story goes on to note that there were no arrests and no charges have been filed.

Bear in mind that the ATF has previously determined that 80% lowers were not firearms and that Polymer80 has a determination letter to that effect.

One has to wonder if ATF is really concerned about the sale of parts kits or are they trying to curry favor with the probable Biden Administration in an effort to get their budget increased?

Mind you there are plenty of other places where you can purchase the necessary parts to finish out an 80% lower. I even thought about doing one until I started adding up the cost and concluded it just wasn’t worth it.

UPDATE: The Firearm Blog is reporting that ATF is now actively going after Polymer80 customers and forcing them to surrender the Buy Build Shoot Kit. The alternative offered to the owners of these kits is for the ATF to come back and raid their house with a warrant.

I think we know what they means. Your dog is shot, your kids are terrorized, your house is torn apart, your neighbors are scandalized, and everything will be shown in the 6pm new because media will have been alerted to be on the scene of the raid.

The ATF receipt as sent to TFB is below:

From The Firearms Blog