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Gun makers baffled by ATF criteria (Models OK’d on case-by-case basis)
Washington Times ^ | January 2, 2012 | Chuck Neubauer

Posted on 01/03/2012 11:07:12 AM PST by bamahead

The Bureau of Alcohol, Tobacco, Firearms and Explosives is in charge of determining whether a gun model is legal, but the agency won’t say much about its criteria.

Despite overseeing an industry that includes machine guns and other deadly weapons, ATF regulations for the manufacture of weapons are often unclear, leading to reliance on a secretive system by which firearms manufacturers can submit proposed weapons for testing and find out one at a time whether they comply with the law, critics say.

The ATF recommends that manufacturers voluntarily submit weapons for case-by-case determination. But those judgments are private and, it turns out, sometimes contradictory. Critics say nearly identical prototypes can be approved for one manufacturer but denied for another.

-SNIP--

Robert E. Sanders, an ATF official for 24 years who is now a North Carolina lawyer specializing in firearms matters, said letter rulings are often “definitely contradictory and inconsistent,” but are necessary because the regulations being applied are ill-defined.

“It is hard to tell what ATF wants you to do without submitting your product and asking for a letter ruling,” he said. “You can’t tell what the agency has said in the past to others, because those letter rulings are generally secret. How could somebody know how to comply with the law?”

--SNIP--

Mr. Sanders said that submitting a weapon for testing is a “costly and lengthy process” that would not be necessary if the ATF wrote detailed regulations. For example, he said, there are no written regulations on how to modify a machine gun made before a ban went into effect in 1986.

He noted that ATF once issued a letter ruling saying a 14-inch shoestring was a machine gun because it could be used to convert a semi-automatic rifle into an automatic weapon. The letter was later rescinded.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: atf; banglist; batfe; batfeisajoke; bootthebatfe; fascism; lping
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1 posted on 01/03/2012 11:07:22 AM PST by bamahead
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...
Photobucket

Libertarian ping! Click here to get added or here to be removed or post a message here!

2 posted on 01/03/2012 11:12:58 AM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: bamahead
but the agency won’t say much about its criteria.

Their criteria are;
Any weapon in the hands of a citizen that they feel they cannot out gun...capacity, caliber, etc...is illegal.

3 posted on 01/03/2012 11:16:02 AM PST by Bloody Sam Roberts (Some folks need an education...don't give up or we'll lose the Nation - Grand Funk Railroad)
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To: bamahead

Stolen ;)


4 posted on 01/03/2012 11:17:49 AM PST by WorkerbeeCitizen (I STAND WITH ISRAEL)
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To: bamahead

People have been bankrupted after getting an approval letter and then manufacturing, only to be told the gun is illegal and all must be destroyed at manufacturers’ expense. End the BATFE.


5 posted on 01/03/2012 11:19:31 AM PST by optiguy (Government does not solve problems; it subsidizes them.----- Ronald Reagan)
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To: bamahead

“Mr. Sanders said that submitting a weapon for testing is a “costly and lengthy process” that would not be necessary if the ATF wrote detailed regulations. For example, he said, there are no written regulations on how to modify a machine gun made before a ban went into effect in 1986”

Well the obvious immediate solution is to just READ THE LAW and follow it, then we don’t need the ATF. “regulations” are LAWS and therefore must only be written and passed by congress. Anything the BATFE does with regulations is UNCONSTITUTIONAL!

It’s time for the pro gun movement to go for the jugular and demand the defunding of the BATFE. We need to go on the offensive. Go after the unconstitutionality of all federal gun laws and their enforcement mechanisms.


6 posted on 01/03/2012 11:22:35 AM PST by precisionshootist
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To: bamahead

One common trait I’ve noticed in ATF and IRS agents is the unwillingness to say anything definitive. They tell you to read the statute (which is purposefully vague) and refuse to give answers to direct finite questions.


7 posted on 01/03/2012 11:36:55 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: Bloody Sam Roberts

I want a Glock .380 but that is only sold to law enforcement. They sell every other Glock model. I find that one strange. I don’t see the rationale as the they have sub compact Glocks in .40 caliber. They also ban certain Glock holsters.


8 posted on 01/03/2012 11:38:17 AM PST by USAF80
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To: bamahead

Mr. Sanders said that submitting a weapon for testing is a “costly and lengthy process”

...To the manufacturer...

Need we say anything more???


9 posted on 01/03/2012 11:43:21 AM PST by stevie_d_64 (I'm jus' sayin')
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To: SampleMan

One of the greatest examples of silly rules is the Rossi Ranch Hand. They’ve met all the requirements to have it classified as a pistol, but it looks a lot like a sawed-off, lever action rifle to me.


10 posted on 01/03/2012 11:45:52 AM PST by FlyVet
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To: USAF80
Can't buy a Glock here in MA. Glock refuses to submit any models to the Dept. of Public Safety for review before any model can be listed for sale in MA by the Atty. General. Disgusting, ain't it?

Everyone else in the USA can buy a Ruger Mini-14 tactical 5.56mm with flash suppressor, collapsible stock and a 20 round magazine. But not in MA.
I found one in RI for $350 with a red dot scope. I could buy it but could not get it shipped to an FFL in MA. Peed me off royally. So I bought a Mossberg 479 30-30 lever action rifle for $250 from the same dealer. That one is legal in MA.

The reason for all this BS?

Those particular features are illegal in MA because when the Federal assault weapons ban was about to sunset, the Atty. General in MA at the time decided to introduce legislation to copy it for MA. Guess who signed it into law?

Mitt Romney.

11 posted on 01/03/2012 12:03:59 PM PST by Bloody Sam Roberts (Some folks need an education...don't give up or we'll lose the Nation - Grand Funk Railroad)
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To: Bloody Sam Roberts
How could somebody know how to comply with the law?”

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.” - Ayn Rand, ‘Atlas Shrugged’ 1957

L

12 posted on 01/03/2012 1:28:28 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: SampleMan; All

Actually the ATF is better than some agencies. I have a customer who requested guidance from Health and Human Services on HIPAA regulations.

HHS came back and declined to give clarification on the regulation because doing so would constitute legal advice.


13 posted on 01/03/2012 1:30:39 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Bloody Sam Roberts; Las Vegas Ron; onyx; little jeremiah
Can't buy a Glock here in MA. Glock refuses to submit any models to the Dept. of Public Safety for review before any model can be listed for sale in MA by the Atty. General. Disgusting, ain't it? Everyone else in the USA can buy a Ruger Mini-14 tactical 5.56mm with flash suppressor, collapsible stock and a 20 round magazine. But not in MA. I found one in RI for $350 with a red dot scope. I could buy it but could not get it shipped to an FFL in MA. Peed me off royally. So I bought a Mossberg 479 30-30 lever action rifle for $250 from the same dealer. That one is legal in MA. The reason for all this BS? Those particular features are illegal in MA because when the Federal assault weapons ban was about to sunset, the Atty. General in MA at the time decided to introduce legislation to copy it for MA. Guess who signed it into law? Mitt Romney.

I hope post that daily all over the internet!!!

14 posted on 01/03/2012 2:16:50 PM PST by mojitojoe (SCOTUS.... think about that when you decide to sit home and pout because your candidate didn't win)
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To: mojitojoe; Bloody Sam Roberts

That Mossy looks sweeeeet!! I want!!

FUMR!


15 posted on 01/03/2012 2:22:25 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: mojitojoe; Jim Robinson

BTTT

Thank you for the ping!


16 posted on 01/03/2012 2:23:56 PM PST by onyx (PLEASE SUPPORT FREE REPUBLIC:DONATE MONTHLY! Sarah's New Ping List - tell me if you want on it.)
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To: Bloody Sam Roberts

NO ROMNEY, NO WAY, NOT NOW, NOT EVER!

Thank you for this information.


17 posted on 01/03/2012 2:25:49 PM PST by onyx (PLEASE SUPPORT FREE REPUBLIC:DONATE MONTHLY! Sarah's New Ping List - tell me if you want on it.)
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To: Bloody Sam Roberts

Reason Number 1,771,561 to NOT vote for R0mney.


18 posted on 01/03/2012 2:45:44 PM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Bloody Sam Roberts

I am certain that there is a good reason why you don’t just pack up and leave that fair state. Care to share it with us?


19 posted on 01/03/2012 2:53:43 PM PST by OldPossum
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To: Bloody Sam Roberts; Jim Robinson

NO ROMNEY!


20 posted on 01/03/2012 3:11:15 PM PST by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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