Man gets AR lowers back from ATF
A while back, ATF confiscated 6,000 80% lowers. Then, after some legal wrangling, had to give them back. ATF still maintains that the lowers are firearms.
Remember, I do this to entertain me, not you.
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January 30th, 2017 at 6:48 pm
In a free society none of that would matter, and there’d be no such thing as a BATFE.
As it is, we have to argue over meaningless minutae, and fear prosecution if we should get the details “wrong”. Meanwhile, the people actively fucking with us are living off of our productive efforts, while they produce only frustration and angst.
Haven’t we had enough of this?
January 30th, 2017 at 11:00 pm
“At the time, the ATF described the receivers as containing cavities with a different color polymer “biscuit,” making it easier to mill out the cavities and convert the lower into an operational firearm.”
Why is that a problem? All 80% lowers are destine to be turned into firearms, so why is making it easier a crime?
January 31st, 2017 at 11:23 am
It will never happen, but I think both the antis and the pros should get together and really rehaul the GCA of 68.
There is no one living who can explain why a shotgun with a 17 inch barrel is “bad” when a hand gun is okay…but don’t put a stock on a handgun, that would make it “bad”.
Having said that, I might sympathize with the ATF on this one, if the colored polymer was just glued in instead of being part of the same block of material.
Congrats to this guy, but I ain’t buying one. (can’t anyway)
January 31st, 2017 at 11:28 am
I bet that means that the ATF violated some sort of legal procedures in getting them in the first place. They will have a more iron clad warrant noxt time.
January 31st, 2017 at 11:34 am
Also, if this really does hold up… then I would love to see them fully mill the lower into a functional “firearm” then refill it with wax. Then I could just pop it in my oven and melt the wax out to have a functional gun.
January 31st, 2017 at 12:01 pm
The problem is the cavity was created first and then filled in.
January 31st, 2017 at 3:49 pm
@Joe..good point. They are not done with this guy yet.
@Paratrooper. Exactly. That’s what I was trying to say.
January 31st, 2017 at 3:56 pm
Paratrooper:
IIRC, they had to do it in reverse to be legal. Once that cavity exists, it is legally a firearm. They formed the “biscut” first, and then formed the lower around it. That’s what had the BAT guys so frustrated.
January 31st, 2017 at 4:37 pm
beatbox: That’s the Natuonal Firearma Act, not the Gun Control Act.
And the explanation is easy – the original version entirely banned handguns, but they had to remove that thanks to (among others) the NRA.
The law as it is now is illogical, but completely explicable.
January 31st, 2017 at 4:40 pm
Joe: Per, if I recall correctly, actual court decisions, things easily/”readily” convertible really are legally firearms, and that plainly counts.
(The court decision I recall was about a shotgun with the firing pin removed and “drop-in”-able.
The court, perfectly reasonably, was of the opinion that He Wasn’t Fooling Anyone with that argument and it was still “a gun”, as a few moments’ effort to make it operable counted for nothing much.)
January 31st, 2017 at 8:28 pm
@beatbox
The way the lowers are manufactured is the biscuit is cast first, then the rest of the lower is cast around the biscuit. This way the lower never exists with a void where the trigger assembly goes, as the polymer for the lower fuses to the biscuit as soon as it is injected.
The ATF maintains that while the polymer is liquid and is fusing to the biscuit that that constitutes a full blown lower receiver with a manufactured void, despite the fact that the polymer is liquid at that point.
The ATF originally told told the courts that they believed the receiver was molded first, then filled in, but they had to walk that back when they were shown to be wrong. So they are now in face saving mode, trying to get them on any technicality they can. We shall see if they are successful in manufacturing an offense.