control

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.

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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?

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SecondAmendment

If the first amendment was treated like the second amendment…

Any speech using 10 or more foreign words would be a felony.
(Firearm law 922(r) restricting 10 or more foreign gun parts from the 1989 import ban)

Anyone convicted of a felony or convicted of misdemeanor domestic abuse or assault is not allowed freedom of speech or religion and must rely on the government to provide speech and religion for them.
(1968 gun control act)

Any speech or religions that are done in a scary tone or feel are banned.  Any assembly that looks scary is banned.
(1994 Federal Assault Weapon Ban that went after mostly cosmetic features)

Before engaging in new free speech you must pass an instant background check by a government authorized free speech dealer.  Sorry, if your name is like someone else prohibited from speech and religion, it is up to you to prove you’re not that person.
(NICS instant background check and Brady Handgun Violence Prevention Act of 1993)

Any speech or work with more than 10 sentences per page is forbidden, any peaceable assembly with more than 10 people is also banned.
(Hi-Capacity Magazine bans in the Assault Weapon Ban and in many states to this day)

‘Freedom of Speech’ was only meant to be applicable to movable type presses.  The founding fathers didn’t foresee television, radio, photographs, telephones, film, or the internet.
(The idea that the 2nd amendment only applies to muskets)

You cannot exercise free speech or religion on federal property or at a school.
(Section 930. Title 18, United States Code and the Gun Free School Zone Act of 1990)

Any religions, peaceable assemblies, camera, computer, telephone or free speech enabling device made before 1986 is available to use by the general public.  Any made after 1986 is only available to law enforcement.
(Closing of the NFA machine gun registry in 1986 by Regan with the Firearms Owner’s Protection Act)

A legal Polaroid camera from 1972 is now worth over $10,000 because you can’t get any new ones after 1986.  Sure you can get an illegal one, but you risk a 10-20 year felony conviction if caught.
(Market effects of the 1986 registry closure)

You can follow any religion, read any book, talk about whatever you like AFTER you pay a $200 tax to the government and pass a background check.  If you decide to buy more books, try another religion, or talk about something else, you must pay another $200 and go through another lengthy background check.
(National Firearm Act of 1934)

You CANNOT have free speech no matter what in Washington DC, it has been this way since 1977.
(Washington DC handgun ban)

Concealing free speech/religion is only permissible in some states and only after you have spent $100 and attended a state mandated course on how to speak/worship properly.  Though in some states you can’t conceal or display your speech or religion at all outside of your home.
(Conceal Carry Legislation and open carry laws)

You cannot have free speech if you are under 18 and you can’t worship anything until you are 21.
(Age restrictions on buying long guns and handguns)

If you wish to exchange free speech with a citizen in another state you must involve a government sanctioned free speech dealer to ensure they are allowed that type of free speech in their state.
(1968 Gun Control Act which mandates a FFL be needed for interstate gun purchases and transfers)

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nocarry

Because of the recent tragedy at Fort Hood, the topic of  “Gun Free Zones” is front and center.

Dustin from Dustin’s Gun Blog puts it into perspective:

Anybody willing to break the law in such a gruesome attack is not going to worry about a gun free zone policy. I imagine that the three minutes, while very fast for a Police response, seemed like an eternity to the defenseless victims who were stuck in the gun free zone while being shot at by the mad man.

Murdoc the GunPundit uncovers something very interesting:

“Gun control” banned from Ft. Hood news coverage

I always hold my breath in hope that “Gun Control” debates in the media will favor common sense… that rarely happens though :(

More cogent points from Vurrwapen Blog’s post on “Gun Free Zones”:

I believe that the answer is more personal responsibility – more people looking out for themselves. Gun control advocates want the government to take care of us as much as possible. They want more laws and more regulations. I want fewer laws and fewer regulations. I want more trained citizens to be able to carry, more of the time.

The hard lesson of these incidents is that active shooters will not stop until they are neutralized with gunfire. We will keep learning that even brave and well-trained police officers such as Officer Kimberly Munley cannot be everywhere, and by the time they are able to respond, dozens may be dead or dying.

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