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ATF: Fake holes and markings on an 80% lower receiver = machine gun

In two threads at AR15.com (here and here), a commenter says the ATF ruled that his 80% lower receiver with a sear pin engraving is a machine gun. And it must be turned in for destruction.

The gun was cosmetically altered to look like a full auto but the hole for the pin can’t be used. I guess they can ban any receiver that has “auto” engraved on it too?

ETA: I suppose the logic in such a ban is that the hole is there and can be drilled making it readily convertible. I don’t know that is the case. But we’ll see.

12 Responses to “ATF: Fake holes and markings on an 80% lower receiver = machine gun”

  1. Backwoods Engineer Says:

    This is exactly the kind of kitten-stomping, rubber-band-owner-arresting, jack-booted ATF thuggery to which Trump should call an absolute HALT. A Federal department that is dedicated to persecuting Americans who exercise a CONSTITUTIONALLY-PROTECTED right? They should be GONE. This stuff needs to STOP, right now.

  2. Jay Dee Says:

    This seems like a bit of a stretch to me. Of course, unless you’re independently wealthy and can afford to fight this bureaucratic excess, it would be cheaper to split the thing lengthwise on a bandsaw before surrendering it. It’s useless to the agency intent on seizing the receiver while preserving the evidence.

  3. McThag Says:

    I think it’s high time a president ordered them to adhere to the legal definition of a machine gun rather than their own interpretation.

  4. Tim Says:

    Predictive crime. You just might do something seriously illegal, so it’s illegal.

  5. Lyle Says:

    I suppose the logic in such a ban is that the hole is there and can be drilled making it readily convertible.

    The logic is; if they can fuck with you for exercising a constitutionally enumerated right, they will. That’s their job.

    There is no room in a free society for any such organization.

  6. Publius Says:

    Part of the problem is that they are tasked with enforcing unconstitutional, poorly written laws. Part of the problem is that people mostly comply with these laws, so they have very little to do–but they still have to be seen “doing something” so they will get a bigger budget next year. So they continually make stuff up, mostly by stretching poorly written definitions beyond any semblance of meaning.

  7. Jojotheclown Says:

    Guess if it was already a legal semi-only firearm it is A ok then… such as the Y stamp on most every foreign made converted AK type rifle.

  8. Geoff Says:

    That picture is NOT a 80% lower. You can see it has already been milled and drilled looking through the safety selector hole. Also it is a AR-15 lower, as you can see that the restricted shelf is present over the safety selector area and therefor the auto-sear will not install. A DIAS would, but that doesn’t need the hole for the auto-sear pin.
    So it is impossible for that lower to actually function as a machine gun.
    What if someone just puts a paint spot there? Will ATF say THAT makes it a machine gun?

  9. Ray Says:

    This rule has been in effect for decades. In fact ANY “fake” marking that makes ANY weapon look like a full-auto automatically makes that weapon a Schedule 2 weapon. Everything else is irrelevant.

  10. Conan Says:

    BIGGER Issue is BATF is a fraudulent ‘ Color of Law’ construct leftover from the Federal Alcohol Administration, ( Declared unconstitutional in 1935 )
    — Congress never authorized their name or job changes.
    By ‘ pen and phone ‘ tricks at Treasury , it has gone from a tax on booze collector to a gun regulator.
    ** Fun Fact ; Only the FIRST sale of an imported gun ..is taxable. We have been LIED to.—- see here. you decide.
    http://www.usa-the-republic.com/revenue/BATF-IRS%20Criminal%20Report.html

  11. FormerNavy Says:

    “This rule has been in effect for decades. In fact ANY “fake” marking that makes ANY weapon look like a full-auto automatically makes that weapon a Schedule 2 weapon. Everything else is irrelevant.”

    How is that the case?? All of the Spikes Tactical stripped lowers have a full auto selector position… and a low shelf for a RDIAS… so I guess they are all machine guns?? Guess I have a lot of illegal crap then…

  12. John Hardin Says:

    @Ray:

    This rule has been in effect for decades. In fact ANY “fake” marking that makes ANY weapon look like a full-auto automatically makes that weapon a Schedule 2 weapon.

    Cite, please!

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