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Firearms And Gun Control

Wednesday, April 24th, 2013

More on gun control: “Gun Control? We Need Bomb Control

According to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the US government controls firearms in the following ways:

Q: Does the ATF regulate the sale and possession of air guns? Is an air gun classified as a “firearm” under Federal law?
The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include (A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon…. Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.We caution that ATF is not charged with enforcement or oversight of the firearms laws of States or localities. To determine possible restrictions on air guns where you reside, we recommend that you contact the office of your state Attorney General, the State Police, or other State/local law enforcement authorities for further guidance.


Q: Does my weapon qualify as a curio or relic (C&R)?
For your information, a regulation implementing Federal firearms laws, 27 CFR Section 478.11, defines C&R firearms as thosewhich are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

  1. Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
  2. Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
  3. Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age. However, if you wish for a classification of your particular firearm under categories (b) or (c) above and wish your item to be listed, you may submit the weapon to the Firearms Technology Branch (FTB) for a formal classification.

If you desire an evaluation, ship the firearm to FTB via FedEx, UPS, or other common carrier. You must also include your carrier’s account information or a return postage label for the return of the item. Please submit any supplemental documentation such as value appraisals or curator letters that may denote the firearm as a collector’s item. The weapon would be returned with a letter detailing our examination and stating FTB’s findings concerning the weapon’s classification as a C&R firearm.

Address the parcel to:

Bureau of Alcohol, Tobacco, Firearms, and Explosives
Chief, Firearms Technology Branch
244 Needy Road

Martinsburg,
West Virginia
25405
USA

Please note that firearms regulated under the National Firearms Act (NFA) may be classified as C&R items, but still may be subject to the provisions of the NFA. If your C&R item is an NFA firearm and you desire removal from the NFA status (e.g., Winchester Trappers), you must submit it to FTB for evaluation and a formal classification.


Q: Is it legal to attach a vertical fore grip to a handgun?
“Handgun” is defined under Federal law to mean, in part, a firearm which has a short stock and is designed to be held and fired by the use of a single hand… Gun Control Act of 1968, 18 U.S.C. § 921(a)(29).Under an implementing regulation of the National Firearms Act (NFA), 27 C.F.R. § 479.11, “pistol” is defined as:

… a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

The NFA further defines the term “any other weapon” (AOW) in 26 U.S.C. § 5845(e) as:

… any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

ATF has long held that by installing a vertical fore grip on a handgun, the handgun is no longer designed to be held and fired by the use of a single hand. Therefore, if individuals install a vertical fore grip on a handgun, they are “making” a firearm requiring registration with ATF’s NFA Branch. Making an unregistered “AOW” is punishable by a fine and 10 years’ imprisonment. Additionally, possession of an unregistered “AOW” is also punishable by fine and 10 years’ imprisonment.

To lawfully add a vertical fore grip to a handgun, a person must make an appropriate application on ATF Form 1 (5320.1), “Application to Make and Register a Firearm.” The applicant must submit the completed form, along with a fingerprint card bearing the applicant’s fingerprints; a photograph; and $200.00. The application will be reviewed by the NFA Branch. If the applicant is not prohibited from possessing a firearm under Federal, State, or local law, and possession of an “AOW” is not prohibited in the applicant’s State of residence, the form will be approved. Only then may the person add a vertical fore grip to the designated handgun.

A person may also send the handgun to a person licensed to manufacture NFA weapons. The manufacturer will install the fore grip on the firearm and register the firearm on an ATF Form 2 (5320.2). The manufacturer can then transfer the firearm back to the individual on an ATF Form 4 (5320.4), which results in a $5.00 transfer tax. If the manufacturer is out of State, the NFA Branch will need a clarification letter submitted with the ATF Form 4 so that the NFA Branch Examiner will know the circumstances of the transfer. Questions can be directed to the NFA Branch or the Firearms Technology Branch.


Q: Is it legal to assemble a firearm from commercially available parts kits that can be purchased via internet or shotgun news?
For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution.The GCA, 18 U.S.C. § 921(a)(3), defines the term “firearm” to include the following:

… (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive: (B) the frame or receiver of any such weapon; (C) any firearm muffler or silencer; or (D) any destructive device. Such term does not include an antique firearm.

In addition, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term “machinegun” as:

… any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Finally, the GCA, 18 U.S.C. § 922(r), specifically states the following:

It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under the…[GCA]…Section 925(d)(3).as not being particularly suitable for or readily adaptable to sporting purposes ….

Also, 27 C.F.R. § 478.39 states:

  1. (a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes ….
  2. (b) The provisions of this section shall not apply to:
    1. (1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of [§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.
  3. (c) For purposes of this section, the term imported parts [tabulated below] are:
    1. (1) Frames, receivers, receiver castings, forgings, or castings.
    2. (2) Barrels.
    3. (3) Barrel extensions.
    4. (4) Mounting blocks (trunnions).
    5. (5) Muzzle attachments.
    6. (6) Bolts.
    7. (7) Bolt carriers.
    8. (8) Operating rods.
    9. (9) Gas pistons.
    10. (10) Trigger housings.
    11. (11) Triggers.
    12. (12) Hammers.
    13. (13) Sears.
    14. (14) Disconnectors.
    15. (15) Buttstocks.
    16. (16) Pistol grips.
    17. (17) Forearms, handguards.
    18. (18) Magazine bodies.
    19. (19) Followers.
    20. (20) Floor plates.

As a result of a 1989 study by the U.S. Treasury Department regarding the importability of certain firearms, an import ban was placed on military-style firearms. This ban included not only military-type firearms, but also extended to firearms with certain features that were considered to be “nonsporting.”

Among such nonsporting features were the ability to accept a detachable magazine; folding/telescoping stocks; separate pistol grips; and the ability to accept a bayonet, flash suppressors, bipods, grenade launchers, and night sights.

Please note that the foreign parts kits that are sold through commercial means are usually cut up machineguns, such as Russian AK-47 types, British Sten types, etc. Generally, an acceptable semiautomatic copy of a machinegun is one that has been significantly redesigned. The receiver must be incapable of accepting the original fire-control components that are designed to permit full automatic fire. The method of operation should employ a closed-bolt firing design that incorporates an inertia-type firing pin within the bolt assembly.

Further, an acceptably redesigned semiautomatic copy of nonsporting firearm must be limited to using less than 10 of the imported parts listed in 27 CFR § 478.39(c). Otherwise, it is considered to be assembled into a nonsporting configuration per the provisions of 18 U.S.C. 925(d)(3) and is thus a violation of § 922(r).

Individuals manufacturing sporting-type firearms for their own use need not hold Federal Firearms Licenses (FFLs). However, we suggest that the manufacturer at least identify the firearm with a serial number as a safeguard in the event that the firearm is lost or stolen. Also, the firearm should be identified as required in 27 CFR 478.92 if it is sold or otherwise lawfully transferred in the future.


Q: Are Glock conversion devices legal?
A Glock conversion switch is a part designed and intended for use in converting a semiautomatic Glock pistol into a machinegun; therefore, it is a “machinegun” as defined in 26 U.S.C. 5845(b). Glock conversion devices are considered post-May 19, 1986 machineguns and may only be lawfully possessed by properly licensed Federal Firearms Licensees who have paid the appropriate Special Occupational Tax (SOT) required of those manufacturing, importing, or dealing in National Firearms Act (NFA) firearms.Conversion is fast and simple requiring no technical expertise. Conversion requires removal of the original polymer slide cover plate and replacing it with the conversion device, typically made of metal. By switching these plates, which takes less than 60 seconds, the conversion is complete. Conversion of a Glock pistol will result in a rate of fire of approximately 1200 rounds per minute.

Glock conversion deviceGlock conversion device being installed

We are aware of other variations of this conversion device. We are also aware that these devices are available from certain internet sources.

Second variation of Glock conversion deviceSecond variation of Glock conversion device being installedThird variation of Glock conversion deviceThird variation of Glock conversion device being installed

Alert: 75% Of America Rejects Lautenberg Gun Ban

Tuesday, November 3rd, 2009

Alert: 75% Of America Rejects
Lautenberg Gun Ban
Rasmussen Poll Says A Majority of Democrats and Repulicans Believe The Constitution Guarantees The Right To Own A Gun.

Only days after the U.S. Supreme Court agreed to hear a challenge to one of the nation’s most egregious gun laws, a new Rasmussen poll shows waning support for stricter gun laws.

Among Americans polled, 75% said the Constitution guaranteed the right to own a gun. The percentage of “yes” answers was higher among Republicans (92%) and lower among Democrats (64%). Among others, 71% answered yes. And, 57% of those polled cited fear of increased government restrictions as the reason for a spike in gun sales.

Gun Hater Lautenberg Proposes “Extraordinary Powers” Be Given To the U.S. Attorney General To Limit Gun Sales.

Obama and the White House are looking the other way as Lautenberg seeks to ban guns from 1,000,000 US citizens on a secret FBI terrorist watch list. Obama has deliberately and repeatedly lied to America’s 90 million gun owners across the country when he insisted that he would not try to take away anyone’s firearms. Now Obama’s silence endorses Lautenberg’s latest attempt at banning guns.

Lautenberg has now been introduced bill S.1317 that would give the attorney general the discretion to block gun sales to people on terror watch lists. We must defeat this bill from giving extraordinary powers to limit gun sales to the Attorney General.

Fax NOW – Get Your Name Off The List
STOP Lautenberg’s Attorney General Gun Grab
Select Here to Reject AG Gun Ban and Fax All 99 Senators

Lautenberg To Reveal Names on Secret List

The names of the people on the watch list are secret, and Lautenberg said he was frustrated by the F.B.I.’s refusal to disclose to investigators details and specific cases of gun purchases beyond the aggregate data.

Gun hater Lautenberg requested the gun grab study from the Government Accountability Office. He is using statistics, compiled in the report that is scheduled for public release next week to invade US citizen’s privacy and put more restrictions on the Second Amendment.

Lautenberg said he wanted a better understanding of who is being allowed to buy guns.

How you ask? Trial by innuendo and misinformation that has put 1,000,000 Americans and maybe even you on a terrorist watch list without your knowledge by saying: people placed on this government’s terrorist watch list can be stopped from getting on a plane or getting a visa, and will also be stopped from buying a gun.

Lautenberg wants gun purchases stopped for just being on the list. Current law states federal officials must find some other disqualification of a would-be gun buyer, like being a felon, an illegal alien or a drug addict.

Is your name on the list and can you get it removed?

The government’s consolidated watch list, used to identify people suspected of links to terrorists, has grown to more than one million names since the attacks of Sept. 11, 2001. It also has drawn widespread criticism over the prevalence of mistaken identities and unclear links to terrorism.

A CNN story raises questions about mistaken identities on the list – James Robinson is a retired Air National Guard brigadier general and a commercial pilot for a major airline who flies passenger planes around the country.

James Robinson is a retired brigadier general and a commercial pilot. His name is on the terrorist “watch list.”

He has even been certified by the Transportation Security Administration to carry a weapon into the cockpit as part of the government’s defense program should a terrorist try to commandeer a plane.

But there’s one problem: James Robinson, the pilot, has difficulty even getting to his plane because his name is on the government’s terrorist “watch list.”

That means he can’t use an airport kiosk to check in; he can’t do it online; he can’t do it curbside. Instead, like thousands of Americans whose names match a name or alias used by a suspected terrorist on the list, he must go to the ticket counter and have an agent verify that he is James Robinson, the pilot, and not James Robinson, the terrorist.

“Shocking’s a good word; frustrating,” Robinson — the pilot — said. “I’m carrying a weapon, flying a multimillion-dollar jet with passengers, but I’m still screened as, you know, on the terrorist watch list.”

Fax NOW – Get Your Name Off The List
STOP Lautenberg’s Attorney General Gun Grab
Select Here to Reject AG Gun Ban and Fax All 99 Senators

History Repeating Itself?

The 1938 German Weapons Act, the precursor of the current weapons law, superseded the 1928 law. As under the 1928 law, citizens were required to have a permit to carry a firearm and a separate permit to acquire a firearm. Furthermore, the law restricted ownership of firearms to “…persons whose trustworthiness is not in question and who can show a need for a (gun) permit.”

Lautenberg Must be Stopped

Recently Sens. Frank R. Lautenberg (D-NJ), Jack Reed (D-RI) and Dianne Feinstein (D-CA) have joined Paul Helmke, President of the Brady Campaign to Prevent Gun Violence and victims and family members of the Virginia Tech tragedy, to introduce legislation to eliminate the private transfers of firearms and close the nation’s “gun show loophole.”

This Senate bill is in the Judiciary Committee, chaired by anti-gun liberal Democrat Leahy. Lautenberg’s gun hate is well documented and he says you are irrational if you support private gun sales.

“There is no rational reason to oppose closing the loophole. The reason it’s still not closed is simple: the continuing power of the special interest gun lobby in Washington” Sen. Lautenberg said ignoring the Constitution.

Fax NOW – Get Your Name Off The List
STOP Lautenberg’s Attorney General Gun Grab
Select Here to Reject AG Gun Ban and Fax All 99 Senators

Lautenberg and the Gun Grabbers in the Senate are now tying to use the GAO to justify putting Americans on a secret gun ban list.

LAUTENBERG’S MOTIVES

Motives for his latest gun ban to are twofold:

* First, he is taking small steps to enact gun control legislation this is just one step.

* Second, eradicate the gun culture altogether.

All that seems to be on the minds of the Anti-Gun Senators and at the offices of gun control extremists is figuring out how to invade your privacy to erode and eventually destroy the right, and the means, of self-defense.

Now the Anti-Gun Coalitions are trying to use a self supporting GAO study to destroy the right of all Americans to keep and bear arms to protect themselves under the law. They are attacking and hiding behind an Anti-Terrorist Agenda while getting political and financial support from:

George Soros a Hungarian-born billionaire bank rolling efforts with his check book and spending more that $100 million to destroy the Constitution.

Sen. Dianne Feinstein (CA) admitted that “guns would be banned and confiscated” if she could have her way.

The United Nations actively pushes globalism seeking to disarm all Americans.

We must Stop the Anti-Gun Coalition and get ready for the biggest gun control fight of the year from coast to coast. We can not do that without your support.

Stand up against this attack! Stand up for the right to not only defend yourself, but to defend your family, your children, your friends, and your classmates!

Fax NOW – Get Your Name Off The List
STOP Lautenberg’s Attorney General Gun Grab
Select Here to Reject AG Gun Ban and Fax All 99 Senators

Like all other threats against our freedoms, we must rise and defeat this bill from giving extraordinary powers to limit gun sales to the Attorney General.

In order to stop Lautenberg and his fellow gun-grabbers-we need to let the Congress know with thousands of faxes telling them to leave guns alone.

Americans like you who understand what our Founding Fathers envisioned for our nation…and who are willing to fight to defend our Constitution and for what it stands.

So please, help the Citizens Committee and me defeat those who wish to gut and trash the United States Constitution.

Help me flood the U.S. Senate with a sea of FAXES big enough to drown each and every Senator willing to vote away the Second Amendment.

Please, send your Donation and FAX TODAY!

Fax NOW – Get Your Name Off The List
STOP Lautenberg’s Attorney General Gun Grab
Select Here to Reject AG Gun Ban and Fax All 99 Senators

Keep calling your Senators today, toll free numbers include 1-877-851-6437 and 1-866-220-0044, or call toll 1-202-225-3121 AND REGISTER YOU’RE OUTRAGE at ongoing efforts to take guns away!

CALL PRESIDENT Obama, 202-456-1111 and 202-456-1414 expressing your disdain and ABSOLUTE REJECTION of all GUN BANS.

DO NOT BE SILENCED – MAKE YOUR VOICE HEARD!

NOTE: We need TENS OF THOUSANDS of faxes and PHONE CALLS and EMAILS delivered to ALL Senators right away!

For our projects to be successful, we must count on the voluntary financial support from individuals like you who care.

Your contribution of $20 or $25 is urgently needed today.

Your donation for just $10 will help so much. If you can afford to send $50 or $100 or more it would truly be a godsend.

Remember, protecting our freedom is not inexpensive.

But then, it’s impossible to put a price tag on freedom.

SELECT HERE to DONATE NOW.
The rights you save may be your own!
https://secure.responseenterprises.com/saf/?a=3158

Together, we can preserve the Constitutional rights our Founding Fathers intended our people to have forever.

For more information about CCRKBA go to http://www.ccrkba.org/

Thank you. I know I can count on you.

Sincerely,

Alan Gottlieb
Chairman
Citizens Committee for the Right to Keep and Bear Arms