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The National Rifle Association has been taking a low profile when it comes to the firearms freedom acts that have been passed by seven state legislatures and spawned a growing legal fight between those states, some gun advocates and the U.S. Justice Department.

The firearms freedom act was first launched last year in the Montana Legislature, pushed by local gun advocates. The law states that guns made and sold within a state’s borders are exempt from federal gun control under Congress’ authority to regulate interstate commerce.

Full Story – HERE

The states that have enacted the firearms freedom act so far:

  • Montana
  • Idaho
  • Wyoming
  • South Dakota
  • Utah
  • Arizona
  • Tennessee

I previously reported on the Firearms freedom act in the following two posts:

Firearms Freedom Act – So NFA rules do not apply?

ATF laughs at your Firearms Freedom Act

What are your thoughts?  Are you disappointed that the NRA so far isn’t stepping up?

More info on the Firearms Freedom Act – HERE

6 COMMENTS

I was thinking some more about that recent ATF airsoft seizure and came up with the following…

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.

Source – ATF.gov

Another paragraph of interest…

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.

Source – ATF.gov

So… According to the ATF’s citations of the Gun Control Act and U.S. Code, you can make your own firearm and you do not need a FFL.

The ATF does not specify what material you have to use, and it does not put any restriction on making a firearm out of an object that previously had another use.  Hell, if you wanted to make a firearm out of a toaster, from what I understand you definitely could.

By that rationale, if you buy an airsoft gun that “Needs Machining” to complete its transformation to fit an AR-15 lower parts kit, is it not only considered a firearm once you complete it?

If you cannot drop a lower parts kit in those airsoft receivers without any machining then I think that is a VERY good argument that they are not firearms, and should never have been confiscated.

32 COMMENTS

Got this gem from Linoge at Walls of the City:

If it’s just business as usual for these states that are getting the bill passed, then why is there so much fuss?  Or is a challenge to the ATF’s assertion that you still must obey them the next thing on the agenda to be challenged?

NRA get your checkbook ready!

Related Post: Firearms Freedom Act – So NFA rules do not apply?

5 COMMENTS

The United States Constitution – 10th Amendment states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Firearms Freedom Act (FFA) is a fight for our 10th Amendment right.

In Montana, Tennessee, and hopefully soon in Utah, it would appear that a person can buy or manufacture NFA items (made in state) such as suppressors, short barreled rifles, short barreled shotguns, 20mm rifles etc… without all the Federal paperwork, tax stamps, and other red tape.

In Montana, the bill states the following specific exemptions:

Section 5.  Exceptions. [Section 4] does not apply to:

  1. a firearm that cannot be carried and used by one person;
  2. a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
  3. ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
  4. a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

Too bad about #4 covering fully automatic firearms.  These bills are definitely a HUGE step in the right direction!

The Tennessee bill, and the Utah one have the same exceptions as the Montana one.

I can’t help but wonder if anyone has tested the limits of this yet.

Link to Montana Bill – HERE

Link to Tennessee Bill – HERE

Link to Utah news article – HERE

Link to Utah Bill – HERE

More info on the Firearms Freedom Act (FFA) – HERE

Hat Tip: SayUncle

9 COMMENTS