Category: Anti Civil Rights ideas & “Friends”

On September 25, 1925, Spike O’Donnell flattened as Frankie McErlane sped by bullets spraying wildly over the corner of 63rd and Western. O’Donnell walked away from the shooting unharmed and unaware he had survived the first Chicago gang shooting involving a Thompson submachine gun.
A month later, after practicing with the novel weapon. McErlane returned. This time, he successfully wounded O’Donnell brother and a new deadly era in gang warfare had begun.
The Thompson submachine gun weighed 8 1/2 pounds and could fire up to a thousand 45 caliber pistol cartridges per minute.
At close range, It could pierce quarter-inch steel armor plate or cut a man in half. Since the Thompson was a totally new type of weapon, no existing gun statutes regulated it – and anyone could buy one by mail or from a sporting goods store.
In 1925, the average Thompson retailed for 175 USD.
Northwestern University law school alumnus, National Rifle Association member and owner of Sports Inc., Peter Von Frantzius specialized in arming the city’s criminals. As the Thompson gained in popularity, Von Frantzius became the area’s chief supplier.
Al Capone was fascinated by the distructive power of McErlane’s “Tommy Gun” and acquired Thompsons for his own men.
Capone’s purchases were always legal; crooked judges issued gun permits for Capone and his mobsters. Several members of the gang, including Capone, carried actual Cook County Deputy badges, complete with the right to bear arms!

Introductory Proviso: I’M BRINGING THIS BACK FROM THE TRUMP YEAR 2018. BECAUSE IT’S TIME TO THINK ON THESE FIRST THINGS.
The following essay on possible gun confiscation is a purely conjectural gedankenexperiment about the future that extrapolates from recent history and current trends. Nothing herein is seditious (per 18 U.S. Code § 2384), nor a call to arms, nor a threat to our government or to any individual, agency, or group. [HT: Ol’ Remus RePost and eMail Widely]
The Collectivist Dream
The current mass media-driven “debate” on firearms (actually more like paternalistic lecturing or chiding) seems to be leading toward greater restrictions by Congress. The collectivist gun grabbers have the dream of ignoring the Second Amendment and somehow magically removing all detachable magazine semi-auto rifles from civilian hands. But it is just that: a dream. If they think that they can disarm us, then they are thoroughly deluded. I’ll explain why, with some simple mathematics.
The United States has the world’s first or second most heavily-armed populace, per capita. (It’s possibly second only to Yemen.) The number of FBI firearms background checks for transfers by Federally-licensed dealers from November 1998 to April 30, 2018 totaled 287,807,015. That isn’t all new guns. It of course includes many second-hand sales that cycled back through FFL holders. But it is still a staggering number. And it does not include any private party (“not through a dealer”) sales of used guns. That is thankfully legal in most states. Nor does it include guns that are legally made at home. (Typically made with 80% complete receivers.) Those home “builds” are becoming quite popular. Their ownership is mostly opaque to any would-be tyrants who might covet seizing them.
There are somewhere between 370 million and 420 million privately-owned firearms in the United States. Let’s just call it 400 million for a nice round figure. Most of those guns are not registered to particular owners. That is why there are only rough estimates. It makes me feel good to know that Big Brother has no idea where those guns are, and who owns them. When I last checked, the total U.S. population is 327,708,500. So that is about 1.2 guns per person. The adult population is around 249,500,000. And according to Wikipedia, the “Fit for service” Military Age Male population (men, ages 16-49) of the U.S. is just 59,764,677. That equates to 6.6 guns per Military Age Male in the United States.
Of the 400 million American guns, roughly 20% are single-shot or double-barreled, 60% are manually-operated repeaters (e.g., bolt action, lever action, pump action, or revolvers), and 20% are semi-automatic. There are only about 175,000 transferable Federally-registered full autos. That number would have been much larger by now but production was sharply curtailed by a hefty $200 tax (starting in 1934) and then there numbers were effectively frozen in 1986. It is noteworthy that if it were not for the National Firearms Act of 1934, selective fire guns would by now be in what the Heller decision calls “common use“. After all, it costs only a few dollars more to manufacture a selective-fire M16 than a semiautomatic-only AR-15.
With every passing year, the predominance of semi-autos is gaining for both rifles and handguns. (In sheer numbers produced, revolvers are becoming almost passé.) The biggest-selling handgun in the country is the Smith & Wesson M&P 9mm, followed closely by the Glock Model 19 9mm. Gaining rapidly is the highly modular SIG P320, which was recently adopted by the U.S. Army. All three of these are semi-automatic. Standard magazine sizes for autopistols range from 13 to 20 rounds. And the most popular rifles of the decade are AR-15s and their clones. Their standard capacity magazines hold 30 cartridges. (That isn’t “high capacity”.)
The Math On AR Clones
AR-15 and AR-10 variants are truly generic and have been sold under more than 120 brand names. The number of ARs (AR-15s, M4s, AR-10s, and variants) sold from 2000 to 2014 was approximately 5,672,900. Since then, AR-15 clones have become even more popular and ubiquitous with approximately 1.2 million more produced in 2015, 1.6 million in 2016, and 1.5 million in 2017. At least 1.2 million will be produced in 2018. It can be assumed that 99% of the ARs produced since the year 2000 are still functional. There were more than 2.3 million other ARs produced for the civilian market between 1962 and 1999. It is safe to assume that at least 95% of those of that vintage are still functional. So the total number of functional ARs in private hands in the U.S. is somewhere around 11 to 12 million. (As of May, 2018.)
Some Math on Other Semi-Autos
Next we come to the more fuzzy math on the wide variety of other models of semi-auto centerfire rifles in private hands. They include detachable magazine, en bloc clip, and stripper clip-fed designs. Here are some rough estimates. (Some of these estimates are based on my own observations of the ratios of different models I’ve seen offered for sale):
- Various semi-auto hunting rifles (Remington 740/7400 series, AK Hunter, Browning BAR, Winchester 100, Valmet Hunter, Saiga Hunter, HK SL7/SL8, HK 630/770, et cetera): 2 million+
- Ruger Mini-14 and Mini-30: 1.2 million
- M1 Garand: 800,000+ (With many more being imported, soon.)
- AK Variants (imported and domestically made, from all makers including Valmet and Galil): 2 to 3 million
- M1 Carbine: 1.5 to 2 million
- AR-180 and AR-180B: 35,000
- M1A and other semi-auto M14 variants: 360,000
- SIG 550 series: 80,000+
- Thompson Semi-Autos (West Hurley and Kahr Arms): 75,000
- HK variants: CETME, HK91/93/94 series, PTR91, etc.: 600,000 to 700,000
- FAL variants: FN-FAL, FNC, and L1A1: 425,000
- SKS variants: 1 million
- Steyr AUG: 110,000
- IWI Tavor & X95: 70,000
- Various semi-autos assembled from military surplus full auto parts sets (M1919, BAR, Sten, M2 Browning, M3, Etc.): 75,000+
- Assorted Other Models (These include: Kel-Tec, Barrett, Leader, FAMAS, Uzi carbines, Wilkinson, Feather, Calico, Hi-Point, SIG AMT, SIG PE57, SIG MCX, SIG MPX, Johnson, BM59, HK USC, TNW, Demro Tac-1, Calico Carbine, ACR, SCAR, Chiappa Carbine, SWD (MAC), Robinson, Hakim, Ljungman, Beretta AR-70, Beretta CX4, CZ Scorpion, Kriss Carbine, FN-49, SVT-40, SVD, PSL, Gewehr 41 & 43, Daewoo, FS 2000, Ruger PCR, Marlin Camp Carbine, et cetera): 2+ million.
The Aggregate GUN Math
If a production and importation ban requiring registration were enacted, there would surely be massive non-compliance. For example, the registration schemes enacted in the past two decades in Australia, Canada, The Philippines, Indonesia, Brazil, and the States of California and New York have been well-documented failures. They have been met with noncompliance rates ranging from 50% to 90%.
Let us surmise that following several years of a registration scheme there were an outright “turn them all in, Mr. and Mrs. America” ban. I predict that even if $1,000 per gun were offered, no more than 11 million would be turned in, by compliant and history-ignorant Sheeple. (An aside: They’ll probably call this a “Buy Back”, but that will be a lie. They can’t “buy back” something that they’ve never owned.)
The SWAT and ATF Manpower Math
So let’s suppose that a full Federal semi-auto rifle ban were enacted with a gun confiscation order issued.
This is where the math gets very interesting: There are only 902,000 sworn police officers in the United States. At most, about 80,000 of them have had SWAT training. There are only 5,113 BATFE employees–and many of those are mere paper shufflers. As of 2017, there were just 2,623 ATF Special Agents. The FBI’s notorious Hostage Rescue Team (HRT or “Hurt Team”) has a cadre strength that is classified but presumably less than 200 agents. Together, they comprise the pool of “Door Kickers” that might be available to execute unconstitutional search warrants.
If they were to start going door-to-door executing warrants for unconstitutional gun confiscation, what would the casualty rates be for the ATF, HRT, and the assorted local SWAT teams? It bears mention that the military would be mostly out of the picture, since they are banned from domestic law enforcement roles, under the Posse Comitatus Act.
The Division Equations
Next, let’s do some addition and then divide:
80,000 SWAT-trained police
+ 2,623 ATF Special Agents
+ 200 FBI HRT Members
= 82,863 Potentially Available Door Kickers
… presumably working in teams of 8, attempting to seize 9,000,000 newly-contraband semi-auto rifles.
Before we finish the math, I’ll state some “for the sake of argument” assumptions:
- That every SWAT-trained officer in the country is pressed into service.
- That there would be no “false positives”–meaning that 100% of the tips leading to raids were accurate. (Unlikely)
- That no local police departments would opt out of serving unconstitutional Federal gun warrants. (Unlikely)
- That all raids would be successful. (Unlikely)
- That each successful raid would net an average of three contraband semi-auto rifles. (Possible)
- That every Door Kicker would get an equal share in the work. (Very unlikely)
- That every Door Kicker would be alive and well through the entire campaign of terror–with no incapacitating injuries or deaths of SWAT officers, no refusals, no resignations, and no early retirements. (Very unlikely)
A lot of those are not safe assumptions. But for the sake of completing a gedankenexperiment, let’s pen this out on the back of a napkin, as a “best case” for an unconstitutional gun confiscation campaign. Here are the division equations:
9,000,000 ÷ 82,863 = 108 (x 8 officers per team) = 864 raids, per officer
Let that sink in: Every officer would have to survive 864 gun-grabbing raids.
Those of course are fanciful numbers. There will be a lot of false tips, and there will be many owners who keep their guns very well-hidden. Each of those raids would have nearly the same high level of risk but yet many of them would net zero guns. And it is likely that many police departments will wisely decline involvement. Therefore the “best case” figure of 288 raids per officer is quite low. The real number would be much higher.
Here is some sobering ground truth: America’s gun owners are just as well trained–and often better trained–than the police. There are 20.4 million American military veterans, and the majority of veterans own guns.
Resistance Strategy and Tactics
The Gun Confiscation End Game
- Declare a cease fire and stand-down for all gun confiscation raiders.
- Repeal all Federal gun laws.
- Order the destruction of all Federal import, purchase, transfer, and registration records
- Issue unconditional pardons for all convicted Federal gun law violators.
- Declare a general amnesty for all involved in the resistance, and drop all pending charges.
- Disband the BATFE.
Without all six of those, the hostilities would continue.
But There’s More
Then there are the estimated 1.5 million unregistered machineguns now in the country. Except for a 30-day amnesty in 1968 that generated only about 65,000 registrations, they have been contraband since 1934. Their number is particularly difficult to accurately estimate, since some semi-autos such as the M1 Carbine, HK91/93/94 series, and AR-15 are fairly easy to convert to selective fire. Similarly, nearly all “open bolt” semi-auto designs are easy to convert to full auto. Large numbers of conversion parts sets have been sold, with little recordkeeping. Some guns can be converted simply by removing sear springs or filing their sears. Just a trickle of unregistered full autos are seized or surrendered each year. This begs the question: If Federal officials have been unable to round up un-papered machineguns after 84 years, then how do they expect to ever confiscate semi-autos, which are 15 times more commonplace?
As evidenced by the 1990s wars in the Balkans, when times get inimical, contraband guns get pulled out of walls and put into use. We can expect to see the same, here.
Now, to get back to the simple mathematics, here are some ratios to ponder:
- NRA members (5.2 million) to Door Kickers (82,863) = 63-to-1 ratio
- Military veterans (20.4 million) to Door Kickers (82,863) = 249-to-1 ratio
- Unregistered machineguns (1.5 million) to Door Kickers (82,863) = 18-to-1 ratio
- Privately owned semi-auto rifles (40 million) to Door Kickers (82,863) = 485-to-1 ratio
Unintended Consequences
I’ll conclude with a word of caution: Leftist American politicians should be careful about what they wish for. Those who hate the 2nd Amendment and scheme to disarm us have no clue about the unintended consequences of their plans. If they proceed, then I can foresee that it will end very badly for them. – JWR
End Notes:
Again, the preceding is a purely conjectural gedankenexperiment about the future that extrapolates from recent history and current trends. None of the foregoing is seditious (per 18 U.S. Code § 2384), nor a call to arms, nor a threat to our government or to any individual, agency, or group.
Permission to reprint, re-post or forward this article in full is granted, but only if credit is given to James Wesley Rawles and first publication in SurvivalBlog (with a link.) It must not be edited or excerpted, and all included links must be left intact.

U.S.A. – -(Ammoland.com)- “Plaintiff has failed to proffer evidence sufficient to ‘warrant a belief by a reasonable person that the alleged Government impropriety might have occurred,’” Department of Justice Principal Deputy Assistant Attorney Brian M. Boynton, Assistant Director Marcia Berman, and Trial Attorney Laurel H. Lum argued in a Defendant’s Reply In Support Of Its Motion For Summary Judgment filed Friday in the United States District Court for the District of Columbia.
In short, the Bureau of Alcohol, Tobacco, Firearms and Explosives has no intention of admitting if it investigated claims corroborated by Hunter Biden in his laptop computer regarding his gun because doing so, they claim, would be “an unwarranted invasion of [his] privacy.”
At issue: Based on a reported timeline and his own admissions and conduct, buying the gun would have required Biden to lie on the ATF Form 4473 question about using controlled substances, which is a felony.
“Plaintiff … argues instead that Mr. Biden waived that privacy interest by abandoning a laptop that allegedly contained text messages from Mr. Biden that referred to his firearm and a ‘police investigation,’” the motion contends. “But, even if this was so, acknowledging a police investigation is not the same thing as acknowledging an ATF investigation.”
Funny they should stick with “allegedly” in light of revelations that the laptop story had been dismissed as a “Russian disinformation”-provoked conspiracy theory until just recently when it was revealed that the story was true. That’s despite denials from highly-placed “intelligence experts,” spiking by The New York Times, and active suppression by social media giants Twitter and Facebook, all resulting in information, including of Joe Biden’s involvement in his son’s foreign “business dealings,” being withheld from the electorate during the 2020 primaries, “disenfranchising” supporters of other Democrat candidates and general election voters.
It’s curious that ATF’s previous position, as stated in a letter from almost one year ago to the day from Adam C. Siple Chief Information and Privacy Governance Division to attorney Stephen Stamboulieh, stated:
“Please be advised that a search has been conducted in our N-Force and TECS databases. N-Force and TECS are the systems of records that contains all investigative files compiled by ATF for law enforcement purposes. Based on the information you provided to us, we were not able to locate any responsive records subject to the Freedom of Information Act.”
Why the sudden change in official position? Was this initial response true, and if not, who has the power to compel an admission of what is, if not the courts?
Now compare that to the response from the Secret Service, which submitted an affidavit under penalty of perjury that it too could also find no responsive records. Since Biden reportedly specifically named the Secret Service as being part of the investigation in a text entry on his laptop, the logical follow-up question is “Who were those guys?”
“Moreover, ATF employees are not responsible for prosecution decisions,” the motion adds. “They can only refer an investigation to a U.S. Attorney’s Office, which then has discretion over whether to bring a prosecution.”
That would go a long way toward explaining why DOJ doesn’t want the public to know any more about this than ATF does.
Nor, evidently, does the media. Don’t look for the Hunter Biden gun story on “news” outlets with a near-absolute reach like CNN, ABC, CBS, NBC, The New York Times, The Washington Post, and others. “The usual suspects” who couldn’t be bothered to mention the laptop story, except to try to discredit it (just like in Operation Fast and Furious “gunwalking” before that), have no interest in assigning a “real reporter” with the backing, connections, and resources to do a deep dive.
As for specific reports acknowledging the FOIA request and complaint being stonewalled by the Biden administration, ask yourself why, despite much evidence compiled in multiple reports since November 2020, no one outside of AmmoLand will even mention it.
Lies of omission can be even more insidiously destructive than the in-your-face kind. This makes it not just fair, but existentially essential to freedom, to wonder what else we’re not being told.
ATF’s Motion for Summary Judgment follows:
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
The Los Angeles Police Department held a gun buy-back event across the greater L.A. area Saturday morning.
The Police Department is growing concerned about the rise in “ghost guns” on the street. Ghost guns can be assembled by unlicensed buyers from kits and are virtually untraceable because they lack serial numbers, according to police.
The ghost gun buy-back event was held at five locations Saturday morning — three in south L.A., one in Wilmington and the other in Van Vuys.
In exchange for turning in a ghost gun or any unwanted firearm, police officers handed out gift cards worth between $100-200.
In November, the L.A. City Council passed an ordinance to prohibit the possession, purchase, sale receipt and transportation of ghost guns.
“Starting on April 1, if you are in possession of a ghost gun, it is a misdemeanor crime, and you’re looking at some jail time and a financial penalty for that,” said LAPD Captain Rodolfo Lopez. “

I came of age in the ’80s. Ruby Ridge and Waco defined my worldview. Regardless of who started it or who was at fault, the country I served and loved had no business letting that happen. I distrusted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as a result. It was burned into my DNA.
Now fast forward a couple of decades. I got to know a couple of the local ATF guys well. I saw them as committed and patriotic law enforcement officers, because that’s what they were. They own guns themselves and are in it for the right reasons. If you disagree with my assessment, I would challenge you to get to meet some for yourself and draw your own conclusions.
I’ve had an FFL/SOT for more than a decade. I meticulously follow the rules. Every time I have had a problem, question, or inspection, the ATF has been responsive, supportive, friendly, and fair.
On a more global scale, however, it’s hard not to feel that the ATF as an agency has an innate bias against and antagonism toward American gun owners. The recent arbitrary reclassification of the Q Honey Badger pistol as an SBR is the archetypal example. Right, wrong, or otherwise, much of the ATF decision-making transpires behind a veil of secrecy. This leaves those of us on the receiving end frustrated, confused, and frankly alarmed.
ATF Source Material
Rick Vasquez is the former Acting Chief of the ATF Firearms Technology Branch. He works as a consultant nowadays through Rick Vasquez Firearms, LLC., but his insights into the inner workings of the ATF are unrivaled. He graciously submitted to this interview.
Vasquez arrived at the FTB before the move to Martinsburg, W.V. The FTB has the task of dissecting guns and gear and then rendering judgments based upon how those devices fit into the labyrinthine dicta that comprise U.S. firearms law. The folks tasked to do that work are the technicians.
The expectation for ATF FTB Techs is to be mechanically adroit subject matter experts on the technical aspects of firearms, as well as the pertinent laws and regulations. Vasquez said these techs are generally gun guys themselves. You either have the gun nerd gene or you don’t; that’s not something that can be readily taught.
“When I arrived, the five techs were holed away in a linear office sharing a single set of tools,” Vasquez said. “By the time we got everyone settled in at Martinsburg each work station featured its own bench and sophisticated tool set. Known industry experts, as well as firearms manufacturers both domestic and foreign, provided additional training, and we formalized the training program. This created improved information sharing and synergy, resulting in a technician with a deep level of gun knowledge. The technicians also received formal training on all aspects of the GCA, NFA, import law, and rulings that concerned their classifications. Many of the senior personnel retired, taking with them knowledge that required years to accumulate. New training allowed the modern technicians to far exceed this knowledge.”
The techs understand guns and the law, make technical assessments, and have little to nothing to do with policy. They aren’t the problem.
How Could the Honey Badger Ruling Happen on Trump’s Watch?
Here’s a poorly kept secret: Nobody ever really gets fired from bureaucratic government positions. Those responsible for the Operation Fast and Furious debacle that led to the death of a U.S. Border Patrol agent just got reassigned. You could trade state secrets to a foreign national in exchange for kiddie porn and suffer little more than an onerous weeklong ethics refresher class. As a result, most of the current administrative leadership, as well as the ATF attorneys, date back to the Obama era.
The ATF hires FTB Technicians for their technical skills. ATF attorneys, however, are crusaders. Vasquez explained that they gravitate toward the job with the mindset that they are out to save the American public from guns. Couple this with career administrative leadership cultivated during the eight years of the Obama/Biden administration and you have a latent bias against private gun ownership. This bias manifests in countless small ways.
Vasquez told me that the ATF attorneys must review all of the tech’s opinions. As a result, instead of simple technical information, these adjudications run through a biased filter. Technical rulings become weaponized to promote policy. The end result is the Honey Badger reclassification.
The Dark Side of ATF Extremism
An ideological zealot can miss the big picture. The point should be putting Bad Guys in jail. Bad Guys are violent criminals who might use firearms to harm others and threaten public safety.
“Imagine the hours special agents will spend tracking down arm braces when they could be investigating real crime,” Vasquez said.
When you lose track of the overarching mission, innocent Americans can get hurt. Ruby Ridge resulted in the needless deaths of a woman holding an infant, a 14-year-old boy, and a Deputy U.S. Marshal all over the length of a shotgun barrel.
In 2018, a 100 percent combat-disabled U.S. Marine with no criminal history faced federal prison for putting the rubber tip from a walking cane on the end of a pistol stabilizing brace. However, the point is that in pursuit of a precedent that might be used in future cases, the ATF was willing to send a nonviolent disabled veteran to prison over quite literally nothing.
Vasquez explained that the techs don’t really have a dog in that fight. They make technical assessments. It is the supervisory leadership and attorneys who are driving this train.
Reining In a Leviathan
Providing elected administrative oversight of such an organization is a bit like being a substitute teacher. Think about it. The kids know you can’t hit them. On top of that, they know you’ll be gone in a day or two. Presidents come and go, but the bureaucracy always prevails.
As a result, guidance and directives from President Trump’s DOJ only carry weight so long as Trump is in office. All they need do is stall until the election is over. The president doesn’t have nearly as much power over the government as you might think.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, or BATFE or just ATF, just issued an “open letter” (.pdf) notifying Federal Firearms Licensees stating that their offices have concluded that some forced-reset triggers, or FRTs, are machineguns.
However, the ATF office did not indicate which triggers qualify as machine guns, just that some do. And while the letter is meant for FFLs, it may affect owners of FRTs as well.
Here is the letter:
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently examined devices commonly known as ‘forced reset triggers’ (FRTs) and has determined that some of them are ‘firearms’ and ‘machineguns’ as defined in the National Firearms Act (NFA) and ‘machineguns’ as defined in the Gun Control Act (GCA).
“These particular FRTs are being marketed as replacement triggers for AR-type firearms. Unlike traditional triggers and binary triggers (sometimes referred to generally as ‘FRTs’) the subject FRTs do not require shooters to pull and then subsequently release the trigger to fire a second shot. Instead, these FRTs utilize the firing cycle to eliminate the need for the shooter to release the trigger before a second shot is fired. By contrast, some after-market triggers have similar components but also incorporate a disconnector or similar feature to ensure that the trigger must be released before a second shot may be fired and may not be machineguns.
“Both the NFA and GCA regulate machineguns. “Machinegun” is defined under 26 U.S.C.”
“§ 5845(b) and 18 U.S.C. § 921(a)(23) as — Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
“ATF’s examination found that some FRT devices allow a firearm to automatically expel more than one shot with a single, continuous pull of the trigger. For this reason, ATF has concluded that FRTs that function in this way are a combination of parts designed and intended for use in converting a weapon into a machinegun, and hence, ATF has classified these devices as a “machinegun” as defined by the NFA and GCA.
“Accordingly, ATF’s position is that any FRT that allows a firearm to automatically expel more than one shot with a single, continuous pull of the trigger is a ‘machinegun’ and is accordingly subject to the GCA prohibitions regarding the possession, transfer, and transport of machineguns under 18 U.S.C. §§ 922(o) and 922(a)(4). They are also subject to registration, transfer, taxation and possession restrictions under the NFA. See 26 U.S.C. §§ 5841, 5861; 27 CFR 479.101.
“Under 26 U.S.C. § 5871, any person who violates or fails to comply with the provisions of the NFA may be fined up to $10,000 per violation and is subject to imprisonment for a term of up to ten years. Further, pursuant to 26 U.S.C. § 5872, any machinegun possessed or transferred in violation of the NFA is subject to seizure and forfeiture. Under 18 U.S.C. § 924(a)(2), any person who violates § 922(o) may be sent to prison for up to 10 years and fined up to $250,000 per person or $500,000 per organization.
“Based on ATF’s determination that the FRTs that function as described above are “machineguns” under the NFA and GCA, ATF intends to take appropriate remedial action with respect to sellers and possessors of these devices. Current possessors of these devices are encouraged to contact ATF for further guidance on how they may divest possession. If you are uncertain whether the device you possess is a machinegun as defined by the GCA and NFA, please contact your local ATF Field Office. You may consult the local ATF Office’s webpage for office contact information.”



“We support the Second Amendment. If you own a gun, keep that gun. Nobody wants to take it away from you – at least I don’t want to do that.” That’s what Robert Francis “Beto” O’Rourke told voters in an April 2018 radio interview, when he was running against Republican Ted Cruz in the Senate election in Texas. Asked specifically about AR-15s (“I own an AR-15. A lot of our listeners out there own AR-15s. Why should they not have one?”) Beto responded (at the 0:24 mark), “To be clear, they should have them. If you purchased that AR-15, if you own it, keep it. Continue to use it responsibly.”
As a 2020 Democrat Presidential candidate, though, Beto became best known for his total repudiation of those sentiments. During the primary debate in Houston on September 12, 2019, he famously proclaimed, “Hell yes, we’re going to take your AR-15, your AK47…!” His campaign capitalized on this by selling t-shirts with the catchphrase, and Beto reiterated his call for mandatory confiscation in a CNN interview. Asked “Are you, in fact, in favor of gun confiscation?,” he replied, enthusiastically, “Yes, when it comes to AR-15s and AK-47s…”
This melodramatic rhetoric did nothing to improve his chances and he dropped out of the race a few weeks later. However, his call for mandatory gun confiscation was echoed by Kamala Harris and Joe Biden, who went so far as to promise that Beto was “going to take care of the gun problem with me. [He’s] going to be the one who leads this effort. I’m counting on ya.”
Beto is now running as the Democratic gubernatorial candidate in “Come and Take It” Texas. News reports indicated that he initially stood by his toxic stance on guns and confiscation, but – true to form – did another complete about-face ahead of the March primary amid speculation that it was just too much uncomfortable baggage in the intensely pro-gun state. At a campaign stop on February 8, Beto responded to a question with, “I’m not interested in taking anything from anyone. What I want to make sure that we do is defend the Second Amendment.” Deafened, perhaps, by the collective sound of jaws dropping across America, a spokesperson for O’Rourke’s campaign “declined to comment” on this stunning reversal.
The latest, but doubtless far from final, shift from Beto occurred at the SXSW 2022 festival in Austin, Texas, in a March interview by Evan Smith, CEO and co-founder of The Texas Tribune. “After some prodding, O’Rourke gave a direct answer” on his position that month on mandatory firearm confiscation:
I don’t think anyone should have [assault-style weapons]. And if I can find the consensus within the Legislature to have a law in the state of Texas that allows us to buy those AK-47s and AR-15s back, we will. As you said earlier, I cannot mandate or dictate anything as the next governor of the state of Texas. I’m going to have to do this by listening moving forward.
As positions go, this new one registers on the confiscation dial somewhere between “Hell yes!” and “Not interested in taking anything from anyone,” being “I hope I can get the Legislature to fall in with my gun confiscation plan.” We’re not seeing this slogan on Beto’s campaign t-shirts just yet, so a fresh take (or two, or more) is certainly possible between now and the election in November.
Perhaps Beto genuinely believes that defending the Second Amendment is completely compatible with his gun bans and mandatory gun grabs of ordinary semiautomatic firearms. Or maybe he’s still holding out hope that Joe Biden will make good on his promise, and is keeping his anti-gun credentials in working order.
Certainly his most recent swivel demonstrates an obvious lack of situational awareness, given that gun buys by law-abiding Americans have surged to unprecedented highs since (and possibly because of) his “Hell yes!” threat in 2019. Texas alone logged over 2.3 million NICS background checks in 2020 (compared to less than 1.5 million in 2019), many of which involved first-time gun owners. These Texas voters are unlikely to find Beto’s lip-service to the Second Amendment convincing, especially as, in the larger context, his shameless vacillating calls to mind the worst stereotype of the pandering, habitually opportunistic shill of a politician who will say anything he thinks will help elect him.
For those who are confused, uncertain or mystified about where Beto stands on firearm rights, please know our position is simple, straightforward and unchanged. Hell no, Beto.
As we celebrate the Bicentennial of the Bill of Rights, evidence has been discovered that shows the Second Amendment was prompted by British plans to disarm each and every American.
In 1777, William Knox, Under Secretary of State in the British colonial Office, circulated a proposal entitled “What is it to be Done with America?” Knox advocated the creation of a ruling aristocracy loyal to the Crown, establishment of the Church of England throughout the colonies and an unlimited power to tax. To keep them servile, Knox offered the panacea of disarming all of the people and relying solely on a standing army:
The Militia Laws should be repealed and none suffered to be re-enacted, & the Arms of all the People should be taken away, & every piece of Ordnance removed into the King’s Stores, nor should any foundry or manufactory of Arms, Gunpowder, or Warlike Stores, be evre suffered in America, nor should any Gunpowder, Lead, Arms or Ordnance be imported into it without License; they will have but little need of such things for the future, as the King’s Troops, Ships Forts will be sufficient to protect them from any danger. (1)
It all began in September 1768, when rumors of an impending occupation by British troops, allegedly to suppress riots and collect taxes, inflamed Boston. A group of the freeholders led by James Otis and John Hancock met at Faneuil Hall and passed several resolutions, including the following:
WHEREAS, by an Act of Parliament, of the first of King William and Queen Mary, it is declared, that the Subjects being Protestants, may have Arms for their Defence; it is the Opinion of this town, that the said Declaration is founded in Nature, Reason and sound Policy, and is well adapted for the necessary Defence of the Community.
And Forasmuch, as by a good and wholesome Law of this Province, every listed Soldier and other Householder (except Troopers, who by Law are otherwise to be provided) shall always be provided with a well fix’d Firelock, Musket, Accountrements and Ammunition, as in said Law particularly mentioned, tot he Satisfaction of the Commission officers of the company; . . . VOTED, that those of the Inhabitants, who may at present be unprovided, be and hereby are requested duly to observe the said Law at this Time. (2)
A convention of Boston and several other towns met to consider the resolutions, and then petitioned the royal governor. When the governor rejected the petition, a patriot “A.B.C.” (probably Samuel Adams) wrote:
It is reported that the Governor has said, that he has Three Things in Command from the Ministry, more grievous to the People, than any Thing hitherto made knonw. It is conjectured 1st, that the Inhabitants of this Province are to be disarmed. 2d. The Province to be governed Martial Law. And 3d, that a Number of Gentlemen who have exerted themselves in the cause of their country, are to be seized and sent to Great-Britain.
Unhappy America! When thy Enemies are rewarded with Honors and Riches; but thy Friends punished and ruined only for asserting thy Rights, and pleading for thy Freedom. (3)
Two days later, the British troops landed in Boston and took over key points, including Faneuil Hall. (4) However, only one report could be found that the inhabitants were being disarmed.
Advices, so late as the 10th of October, mention….
That part of the troops had been quartered in the castle and barracks, and the remainder of them in some old empty houses..
That the inhabitants had been ordered to bring in their arms, which in general they had complied with; and that those in possession of any after the expiration of a notice given them, were to take the consequences. (5)
It is difficult to imagine much compliance with such an order, especially since such reports were not widespread with extensive protests. However, disarming the colonists was clearly being contemplated. From London, “it is said orders well soon be given to prevent the exportation of either navel or military stores, gun-powder, &c. to any part of North-America.” (6)
In an article he signed “E.A.,” Samuel Adams recalled the English Bill of rights as explained by Sir William Blackstone:
At the revolution, the British constitution was again restor’d to its original principles, declared inn the bill of rights; which was afterwards pass’d into a law, and stands as a bulwark to the natural rights of subjects. “To vindicate these rights, says Mr. Blackstone, when actually violated or attack’d, the subjects of England are entitled first to the regular administration and free course of justice in the courts of law—next to the right of petitioning the King and parliament for redress of grievances—and lastly, to the right of having and using arms for self-preservation and defence.” These he calls “auxiliary subordinate rights, which serve principally as barriers to protect and maintain inviolate the three great and primary rights of personal security, personal liberty and private property”: And that of having arms for their defence he tells us in “a public allowance under due restrictions, of the natural right of resistance and self preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.”—How little do those persons attend to the rights of the constitution, if they know anything about them, who find fault with a late vote of this town, calling upon the inhabitants to provide themselves with arms for their defence at any time; but more especially, when they had reason to fear, there would be a necessity of the means of self preservation against the violence of oppression. (7)
Adams made clear that private citizens could use arms to protect themselves from military oppression. He went on to point out that the same persons who opposed the right to have arms also opposed the right to petition:
But there are some persons, who would, if possibly they could, persuade the people never to make use of their constitutional rights or terrify them from doing it. No wonder that a resolution of this town to keep arms for its own defence, should be represented as having at bottom a secret intention to oppose the landing of the King’s troops: when those very persons, who gave it this colouring, had before represented the peoples petitioning their Sovereignm, as proceeding from a factious and rebellious spirit. . . . (8)
For the next half decade, the disputes escalated, from the shooting of civilians “armed” with sticks (what became known as the Boston Massacre in 1770), to the embargo on shipments of arms to America and the self-arming of the populace into militia in 1774. In September 1774, pro-British rulers in Boston proposed the disarming of the people, but the measure was voted down, perhaps because of the protest it would have evoked:
It is said, it was proposed in the Divan last Wednesday, that the inhabitants of this Town should be disarmed, and that some of the new-fangled Counsellors consented thereto, but happily a majority was against it.—The report of this extraordinary measure having been put in Execution by the Soldiery was propagated through the country, with some other exaggerated stories, and, by what we are told, if these Reports had not been contradicted, we should by this date have had 40 or 50,000 men from the Country (some of whom were on the march) appear’d for our Relief. (8a)
Nonetheless, by early 1775, the British began a de facto policy of disarming the colonists.
What was actually going on may be exemplified by the experience of one Thomas Ditson, who was tarred and feathered by British soldiers. In his affidavit, Ditson claimed, “I enquired of some Townsmen who had any guns to sell; one whom I did not know, replied he had a very fine Gun to sell.” (9) Since the one who offered the gun was a soldier, Ditson continued:
there was something not right . . . and left the Gun, and coming away he followed me and urg’d the Gun upon me. . . . (10)
When he finally paid money to the soldier, several other soldiers appeared and seized Ditson, whom they proceeded to tar and feather. However, instead of entrapment, the soldier swore in his affidavit that it was a case of a rebel trying to obtain arms and urging a soldier to desert. The citizen said “that he would buy more Firelocks of the Deponent, and as many as he could get any other soldier to sell him. . . .” (11)
The British were wise to the American game, and the following ammunition seizure reported from Boston also alleged that soldiers killed people along the road:
The Neck guard seized 13,425 musket cartridges with ball, (we suppose through the information of some dirty scoundrel, of which we have now many among us) and about 300 lb. of ball, which we were carrying into the country—this was private property—The owner applied to the General first, but he absolutely refused to deliver it. (12)
The Revolutionary War was sparked when militiamen exercising at Lexington refused to give up their arms. The widely published American account of April 19, 1775, began with the order shouted by a British officer:
“Disperse you Rebels—Damn you, throw down your Arms and disperse.” Upon which the Troops huzz’d and immediately one or two Officers discharged their Pistols, which were instantaneously followed by the Firing of four or five of the soldiers, then there seemed to be a general discharge from the whole Body. (13)
Three days later Gen. Gage represented to the Selectmen of Boston that “there was a large body of men in arms” hostilely assembled, and that the inhabitants could be injured if the soldiers attacked. (14) The next day a town committee met with Gage, who promised “that upon the inhabitants in general lodging their arms in Faneuil Hall, or any other convenient place, under the care of the Selectmen, marked with the names of the respective owners, that all such inhabitants as are inclined, may depart from the town… And that, the arms aforesaid at a suitable time would be return’d to the owners.” (15)
Bostonians proceeded to turn in 1778 muskets, 634 pistols, 973 bayonets and 38 blunderbusses. (16) However, when “the inhabitants gave u their arms and ammunition- to the care of the Selectmen: the General then set a guard over the arms. . . .” (17) Gage then refused to permit the people to leave. “The same day a town meeting was to be held in Boston, when the inhabitants were determined to demand the arms they had deposited in the hands of the selectmen, or have liberty to leave town.” (18)
An anonymous patriot addressed “the perfidious, the truce-breaking Thomas Gage” as follows:
But the single breach of the capitulation with them [the people of Boston], after they had religiously fulfilled their part, must brand your name and memory with eternal infamy—the proposal came from you to the inhabitants by the medium of one of your officers, through the Selectmen, and was, that if the inhabitants would deposit their fire-arms in the hands of the Selectmen, to be returned to them after a reasonable time, you would give leave to the inhabitants to remove out of town with all their effects, without any let or molestation. The town punctually complied, and you remain an infamous monument of perfidy, for which an Arab, Wild Tartar of Savage would despise you!!! (19)
On June 12, Gage proclaimed martial law and offered a pardon to all who would lay down their arms except Samuel Adams and John Hancock. (20) A patriot responded with a poem entitled “Tom Gage’s Proclamation,” which told how the general had sent an expedition “the men of Concord to disarm” and how he afterwards reflected:
Yet e’er I draw the vengeful sword,
I have thought fit to send abroad,
This present gracious Proclamation,
Of purpose mild the demonstration;
That whosoe’er keeps gun or pistol,
I’ll spoil the motion of his systole;
Or, whip his breech, or cut his weapon,
As has the measure of his Treason:—
But every one that will lay down
His hanger bright, and musket brown,
Shall not be beat, nor bruis’d, not bang’d,
Much less for past offences, hang’d,
But on surrendering his toledo,
Go to and fro unhurt as we do:—
But then I must, out of this plan, lock
Both SAMUEL ADAMS and JOHN HANCOCK;
For those vile traitors (like debentures)
Must be truck’d up at all adventures;
As any proffer of a pardon,
Would only tend those rogues to harden:—
But every other mother’s son,
The instant he destroys his gun,
For thus doth run the King’s command)
May, if he will, come kiss my hand.—
* * *
Meanwhile let all, and every one Who loves his life, forsake his gun. (21)
Gage’s seizures and attempts to seize the guns, pistols, Brown Bess muskets and swords known as hangers and toledos of the individual citizens of Boston who were not even involved in the hostilities sent a message to all of the colonists that the right to keep and bear private arms was in a perilous condition. A report from London that the British were coming to seize the arms of all the colonists hit the headlines in Virginia and Maryland:
It is reported, that on the landing of the General Officers, who have sailed for America, a proclamation will be published throughout the provinces inviting the Americans to deliver up their arms by a certain stipulated day; and that such of the colonists as are afterwards proved to carry arms shall be deemed rebels, and be punished accordingly. (22)
The final break came when the Continental Congress adopted the Declaration of Causes of Taking Up Arms on July 6, 1775, which had been drafted by Thomas Jefferson and John Dickinson and which complained:
It was stipulated that the said inhabitants having deposited their arms with their own magistrates, should have liberty to depart. . . . They accordingly delivered up their arms, but in open violation of honor, in defiance of the obligations of treaties, which even savage nations esteem sacred, the governor ordered the arms deposited as aforesaid, that they might be preserved for the owners, to be seized by a body of soldiers. . . . (23)
Debate now turned to war, and William Knox’s 1777 plan that “the Arms of all the People should be taken away” was far too late, had it ever been possible.
The above is only a small portion of newspaper extracts showing British attempts to disarm the Americans in the years 1768-1775. The grievances expressed led to the adoption of right to bear arms guarantees in the state Declarations of Rights beginning in 1776 and the federal Second Amendment in 1789.
The British resorted to every possible tactic to disarm the Americans—entrapment, false promises of “safekeeping,” banning imports, direct seizure and finally shooting persons bearing arms. As the Bicentennial of the Second Amendment approaches, the American people must make a renewed commitment to understand the historical origins for the Bill of Rights, in order to preserve their liberties.
Notes
1. Sources Of American Independence 176 (H. Peckman ed. 1978). Emphasis added.
2. Boston Evening Post, Sept. 19, 1768, at 1, col. 3, and 2, col.1
3. Boston Gazette and Country Journal, Sept. 26, 1768, at 3 cols. 1-2
4. Boston Evening Post, Oct. 3, 1768, at 3, col. 2 (includes an account of the invasion).
5. New York Journal, Feb. 2, 1769, at 2, col.2
6. Boston Gazette, and Country Journal, Oct. 17, 1768, at 2. col. 3.
7. Id., Feb. 27, 1769 at 3, col. 1. Adams’ authorship in confirmed in 1 H. Cushing ed., The Writings Of Samuel Adams 316 (1904)
8. Id.
8a. Massachusetts Spy, Sept. 8, 1774, at 3, col. 3.
9. Massachusetts Gazette; and Boston Weekly News-Letter, March 17, 1775, at 3, col. 1.
10. Id.
11. Id., col. 2
12. Connecticut Courant, April 3, 1775 at 2, col. 2
13. Essex Gazette, April 25, 1775, at 3, col. 3
14. Attested copy of Proceeding between Gage and Selectmen, April 22, 1775, reprinted in Connecticut Courant, July 17, 1775, at 1, col. 3, and 4, col.1.
15. Id. at 4, col. 2 (April 23, 1775).
16. R. Frothingham, History Of The Siege Of The Boston 95 (1903).
17. Connecticut Courant, May 8, 1775, at 3, col. 1.
18. Connecticut Journal and New-Haven Post-Boy, May 19, 1775, at 6, col.2
19. Connecticut Courant, June 19, 1775, at 4, col. 2.
20. Connecticut Journal and New-Haven Post-Boy, June 21, 1775, at 3 cols. 1-2.
21. Connecticut Courant, July 17, 1775, at 4, col. 1.
22. Virginia Gazette, June 24, 1775, at 1, col. 1; Maryland Gazette, July 20, 1775, at 1, col. 2.
23. Connecticut Courant, July 17, 1775 at 2, col. 1. The Declaration was published in virtually every colonial newspaper.
The Continental Congress adopted a similar address on “To the People of Ireland” which complained that “the citizens petitioned the General for permission to leave the town, and he promised, on surrendering their arms, to permit them to depart with their other effects; they accordingly surrendered their arms, and the General violated his faith…. “Id., Aug. 21, 1775, at 1, col. 3.

