More on the ATF changing its mind
In an update to this where the ATF classified something and then changed its mind based on loosely defined criteria, Eric Larson gets serious:
This is essentially a test case.
Retroactively reclassifying an item or firearm as a machinegun because it “has features and characteristics of a machinegun” is an admitted new practice by the ATF.
Len makes a perfect test case. A small SOT with new and bold ideas. He is controversial in the sense he has been a pain in the ass for the ATF. No major fanfare if the ATF loses this fight. Work from the bottom up if it wins to avoid major political fallout. The NFA world is effectively that bottom.
Read both classification letters carefully. The item does NOT have to be able to fire a single round to be classified as a firearm and subject to the GCA. The item does NOT have to be able to fire multiple rounds to be a machinegun and subject to the NFA. It only needs to have “features and characteristics of a machinegun”. Now there is no written description on what a characteristic of a machinegun is. It is up to interpretation by whom? On what items/guns? Replacement uppers? At what limit will this new standard be applied? [Remember a barrel is a design characteristic of a machinegun, (and a BB gun as well)].
If we as a community just role over to ATF abuse and intimidation we shall surely find out.”
Indeed.
