Wednesday, April 7, 2021

It Is A Good Thing, No One in the Biden Administration Knows Anything About Gun Laws

 4/7/21 Politico:

Biden will direct the administration to begin the process of requiring buyers of so-called ghost guns — homemade or makeshift firearms that lack serial numbers — to undergo background checks, according to three people who have spoken to the White House about the plans. He is expected to be joined at the event by Attorney General Merrick Garland.

If you are not a licensed maker you may not sell a ghost gun already. Perhaps they want to require 80% receiver sellers to do so.  But those are not firearms.  I have a 0% AR-15 lower that I bought at the local metals store.

Other executive actions remain unclear. But stakeholders have speculated that the president could announce regulations on concealed assault-style firearms; prohibitions on firearm purchases for those convicted of domestic violence against their partners; and federal guidance on home storage safety measures.

The domestic violence provision has been the law since the 1990s.  These guys are idiots.  The gun banners know this as well.  This is to make reporters cheer Biden's courage.  Adding concealable rifle caliber handguns as short-barreled rifles by regulation will run into the same problem as the bump stock ban by regulation did.  Can anyone remember any other concealable rifle caliber mass murders?  Apparently the Dayton mass murder in 2019 as well.

I don't see how by Executive Order Biden can bring concealable AWs under NFA regulation.  NFA applies to machineguns, suppressors, and short-barrelled rifles.

18 USC 921(a)(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

The AR-15 pistols are not intended to be fired from the shoulder, nor can they be.

18 USC 921(a)(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

Regardless of barrel length they are not rifles under subsection 7 so regardless of barrel length they can not be regulated as short-barreled rifles.

So what is the purpose?  Their gun banning friends know this is crap.  The target is reporters who know nothing about gun laws ("There are gun laws?").  To quote the 5/8/16 New York Times interview of aspiring novelist turned deputy national security adviser for strategic communications by President Obama: "The average reporter we talk to is 27 years old, and their only reporting experience consists of being around political campaigns. That’s a sea change. They literally know nothing.”

UPDATE: From the White House release

The Justice Department, within 60 days, will issue a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act. The alleged shooter in the Boulder tragedy last month appears to have used a pistol with an arm brace, which can make a firearm more stable and accurate while still being concealable.

This seems marginally within the NFA, but one that I suspect courts will uphold. 

By the way, prepare to register your shoelaces:

1 comment:

  1. The only concealable rifle caliber ATTEMPTED murder I can think of was in Day of the Jackal. And that, as everyone knows, was fiction.