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EXCLUSIVE: ATF Gains Financial Information on Potential Gun Buyers for Warrantless Tracking, Documents Show

The federal government has been using Americans’ income and gun purchases to conduct warrantless tracking and deny Second Amendment rights. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) gave salary estimates to the Federal Bureau of Investigation (FBI) as the reason to have people’s firearms purchases monitored.

Erich Pratt, senior vice president of Gun Owners of America (GOA), told The Epoch Times that the ATF’s activities “monitoring innocent people” is a serious problem. “Congress needs to rein in this rogue agency by either exercising oversight over it or abolishing the unconstitutional agency altogether,” said Pratt.

These revelations come from new documents, viewed by The Epoch Times which it received from its Freedom of Information Act (FOIA) lawsuit. The latest production from the FOIA has hundreds of pages—many redacted—showing ATF agents requesting warrantless surveillance by the FBI for lawful reasons such as low salaries, past firearm purchases, and sending “bizarre” messages.

The Epoch Times exclusively reported in January about the FBI’s secret monitoring service that tracks people by the National Instant Criminal Background Check System (NICS) for gun purchases for mere “potential violations of law.”

Too Poor to Buy Guns

According to the documents, a man in Arizona was put into the NICS’s daily monitoring because he has a “reported income” of only $2,839. The ATF agent wrote, “In my experience, someone with this amount of income would not be able to afford 20 firearms.”

An Asian man in Texas was put on the manual background check because the ATF said he has “no work history” which “could possibly indicate” that he is “straw purchasing.”

A special agent in Kansas emailed ATF’s liaison at the NICS to flag two purchasers for “potential trafficking.” The agent wrote: “My targets are purchasing an abundance of firearms without a license or known financial means to obtain the product.”

The FBI’s NICS expert instructed the agent in Kansas on what to include to ensure approval for tracking the suspects. “I would suggest covering the lack of income versus expenditures and also if there is substantial make/model duplication,” wrote the FBI. The ATF agent emailed back with the incomes for each man, acquired by the Kansas Department of Labor.

All the cases in the documents are related to the ATF investigating dealing firearms without a license and straw purchasing, which is buying guns for people prohibited from owning a firearm.

Tracking Income

Gun rights activists say federal law enforcement is missing the mark.

“The poor usually live in areas with the most crime and thus have a strong need to arm themselves heavily,” Pratt said. “So targeting the indigent is simply another avenue for gun grabbers to implement a backdoor gun ban.”

ATF headquarters will not disclose how it acquired the other suspects’ incomes, employment information, and past gun purchases found in the FOIA forms.

“We are unable to discuss specific techniques utilized in criminal investigations,” ATF spokesman Erik Longnecker told The Epoch Times. “ATF utilizes a multitude of legal means in our criminal investigations to protect our communities from violent gun crime.”

Longnecker referred The Epoch Times to the National Tracing Center website for information about “several overt programs such as multiple sales and demand letters that can be helpful in identifying illegal firearms trafficking.”

Buying Too Many Guns

A black man in Florida was monitored daily by the FBI for at least 90 days in 2020 because an ATF agent wrote: “Based on my training and experience, I have not seen a legal firearms purchaser purchase approximately 30 firearms in a 120-day window for their personal collection.”

Licensed firearms dealers must report to ATF the sale of two or more handguns to the same purchaser within five consecutive business days. However, there is no federal law limiting the number of guns a person can buy.

“Some agent just decided that is enough Second Amendment for you this year,” Robert Olson, the attorney who filed the FOIA lawsuit for the GOA, told The Epoch Times.

Buying and Selling Guns

A Wisconsin man was put under surveillance in 2020 because an ATF agent saw text messages related to buying and selling guns and suspected dealing without a license. The agent said the man bought guns from the website Gunbroker.com, transferred them through a local gun store, and then resold the firearms “using email, text messaging, and the website Armslist.com.”

There is more redacted black markings than visible information on this form, but it does not disclose the number of guns the suspect bought and sold.

The ATF has an online guide that explains: “If you only make occasional sales of firearms from your personal collection, you do not need to be licensed.” It also says you “will need a license if you repetitively buy and sell firearms with the principal motive of making a profit.”

Too Many Gun Parts

In the secret documents, an ATF agent asked the FBI to flag a man in Arizona suspected of dealing parts of guns. “In my experience, it is common for people to purchase large number of AR-15 style lower receivers, build them into rifles, and sell the rifles for profit,” the agent wrote to get the suspect put into NICS.

A “lower receiver” is the base part of an AR-style rifle which has a serial number on it. It cannot fire without a barrel, trigger, and other parts put on it.

“It is common for people to buy several lower receivers and build them into finished guns. If it’s your hobby, that is not sufficient to prove you are illegally dealing firearms,” said attorney Olson. “How does the agent distinguish between the Second Amendment enthusiast and the criminals?”

‘Bizarre’ Messages

A Missouri man was put into NICS after an ATF agent emailed that a “U.S. Attorney’s Office asked that we monitor his activity due to recent threats and bizarre messages he has been leaving.”

The agent wrote that the man “was recently released from BOP [Bureau of Prisons] and has begun making threats toward the U.S. Attorney’s Office, federal judge, and ATF case agent.” The completed form does not indicate the man has committed a felony, which would mean he would be in the NICS and prevented from buying a gun at the point of sale.

“Sending bizarre messages is not something that makes you lose your Second Amendment rights,” said Olson. “He sounds like a bad guy, but it’s not connected to firearms. That’s a huge misuse of the background check process.”

Anonymous Tips

The ATF’s law enforcement role is to investigate when a prohibited person completes a 4473 gun background check, and the NICS denies the purchase. In one case in the files, the ATF appears to have a woman tracked before the investigation has been done and based on an anonymous tip.

Documents show a Hispanic woman in Texas was put into the NICS because an agent got an “iTip provided by an anonymous person” who related that she had “purchased 10 firearms in the last two weeks.”

The agent wrote that the investigation was incomplete because it did not have the background check forms from the dealer (“4473s”) nor video footage from the store.

ATF and FBI Unbowed

There are no instances of the FBI denying any ATF request to put a person under warrantless surveillance in all the documents released so far. Moreover, there are no documents showing the monitoring periods ended. As we previously reported, the FBI told the ATF that it will renew the NICS flags of 30 to 120 days and limitless times if requested.

“It’s time for Congress to repeal the NICS check. Given that more than 95 percent of the initial stops are for mistaken identity, it is clear that NICS is not keeping guns out of criminals’ hands,” GOA’s Pratt said.

The ATF spokesman declined to say if this monitoring program with the FBI was ongoing. The FBI did not respond to a request for comment for this story.

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‘We’re Gonna Ban Assault Weapons, Come Hell or High Water,’ Biden Vows by Dave Workman

Joe Biden IMG whitehouse-gov
Joe Biden renewed his vow to ban “assault weapons and high capacity magazines” during a speech to Democrats Wednesday night in Maryland. IMG whitehouse-gov

Speaking to the House Democratic Caucus Issues Conference Wednesday in Baltimore, President Joe Biden once again vowed to ban so-called “assault weapons” as the Democrat audience cheered.

The reaction Biden received only serves to reinforce what the Second Amendment Foundation said recently in the organization’s 2023 advertising effort: “Your Second Amendment rights are under attack like no other time in history.”

Biden had been speaking for 24 minutes before he told the audience, “I know it may make some of you uncomfortable, but that little state above me, Delaware is one of them, has the highest rate, one of the highest rates of gun ownership. But guess what? We’re going to ban assault weapons again come hell or high water and high capacity magazines.”

However, Ammoland checked and discovered Biden’s remarks about Delaware are not true, according to a chart posted online by World Population Review, which lists Biden’s home state near the bottom of the list with 34.4 percent gun ownership. Putting this in perspective, Montana is at the top with 66.3 percent, followed by neighboring Wyoming at 66.2 percent and Alaska at 64.5 percent.

Going down the Top Ten list, Idaho is fourth at 60.1 percent, West Virginia is next with 58.5 percent, Arkansas at 57.2 percent, followed by Mississippi at 55.8 percent, Alabama with 55.5 percent, South Dakota at 55.3 percent and North Dakota 55.1 percent.

While the remark is yet one more example of Biden fibbing about guns, his remark inadvertently recognized how uncomfortable some members of his party are about the rate of gun ownership in the country.

Thanks to the SAF advertising effort, Biden has become infamous for telling a CNN Townhall audience in 2021 that he not only wants to ban semiautomatic rifles—the so-called “assault weapons” against which has crusaded for decades—but also 9mm pistols, the most popular personal protection handgun in the country. The film clip of Biden actually saying so is at the heart of the SAF 60-second advertisement.

 

 

SAF founder and Executive Vice President Alan Gottlieb noted recently that their advertisements were aired more than 1,000 times last year, and were viewed by more than 85 million people, including those who saw the ad “multiple times.” The message is broadcast on several different cable networks.

While Fox News reported Biden’s remarks, other news outlets have overlooked his promise, instead focusing on other parts of the president’s 34-minute speech.

Biden has repeated the vow to ban “assault weapons” since the Feb. 13 attack at Michigan State University left three students dead and others wounded. The man believed responsible, Anthony McRae, was not a student or staffer at the university in Lansing, Mich. Authorities still haven’t publicized a motive, and McRae left the campus only to take his own life a couple of hours later. He used a handgun, not a rifle, in the attack.

That attack came almost five years to the day (Feb. 14, 2018) that 17 students and adults were murdered at Marjory Stoneman Douglas High School in Parkland, Fla.

But Biden may be unable to fulfill his threat to ban semi-auto rifles for a couple of reasons:

  • Republicans now control the U.S. House of Representatives, and the caucus appears in no mood to entertain the president’s anti-gun agenda.
  • Federal courts in Maryland and California are currently in the throes of re-examining bans in those states under the new guidelines established by the Supreme Court last June in the Bruen ruling.

Biden has been a leading proponent of gun control since he arrived on Capitol Hill some 50 years ago. He claims credit for shepherding the Clinton ban through Congress in the mid-1990s, but never mentions that passage of that legislation—during Bill Clinton’s first term as president—cost Democrats the majority in both the House and Senate in the 1994 mid-term elections.

His promise to ban “high capacity magazines” is also in trouble, as state-level bans are being challenged in federal courts by SAF and other gun rights organizations.

According to the World Population Review report, “Estimates show that there are anywhere from over 200 million to more than 350 million guns in the U.S. Because of variances in regulations throughout the nation, it’s impossible to get exact numbers when it comes to the total number of guns in the nation and the number of guns in each state.”


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

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‘Zero Tolerance’: The Biden Admin Is Allegedly Shutting Down Gun Stores For Minor Clerical Errors

SCHERTZ, TX - MARCH 20: ATF agents continue their investigation at a FedEx facility following an explosion on March 20, 2018 in Schertz, Texas. A package exploded while being transported on a conveyor shortly after midnight this morning causing minor injuries to one person. The explosion is believed to be related to several recent package bombs that have been detonated in Austin, Texas, about an hour's drive from Schertz. (Scott Olson/Getty Images)

  • In 2022, Federal Firearm License (FFL) revocations hit a 16-year high after the Biden administration implemented a “zero tolerance” policy for gun dealers.
  • The increase in license revocations, 92 in 2022 alone, is due to the new policy and the updated procedure that the ATF follows, as they no longer always go through a multi-step process, often opting to pull licenses for a multitude of “willful” violations.
  • “That’s not how regulatory agencies are supposed to work in the sector that they’re supposed to regulate. They are supposed to help the companies, they’re supposed to ensure compliance but they’re not supposed to punish and destroy an entire industry based on just political opposition or political distaste,” Gun Owners of America Director of Federal Affairs Aidan Johnston told the Daily Caller News Foundation.

Gun stores are closing at rapid rates after the Biden administration implemented a “zero tolerance” policy for gun dealers and added updated language to define what can be classified as a “willful” violation, leaving Federal Firearm License (FFL) revocations at a 16-year high, according to Second Amendment advocacy group Gun Owners of America (GOA).

The increase in FFL revocations is due, in part, to language and administrative changes within the ATF, as the prior guidance said that the ATF “may” revoke FFls while the new “zero tolerance” policy says that the ATF “will” revoke FFLs for initial violations. The increase in license revocations, 92 in 2022 alone, is also due to the updated procedure that the ATF follows, as they no longer always go through a multi-step process, often opting to pull licenses for a multitude of “willful” violations, according to a GOA fact sheet and leaked documents on the updated policy. (RELATED: The ATF’s Pistol Brace Final Rule Sets The Stage To Classify Legal Gun Owners As Criminals)

“Back in the day there was a process that they would go through when they discover a mistake or an incorrect record, and it starts with a warning letter. They work with the FFL, and then on second inspection, if they find more mistakes, they’ll do a work conference and actually talk to the FFL. Then, if they still are uncompliant, after that they would do a license revocation hearing,” GOA Director of Federal Affairs Aidan Johnston told the DCNF.

Under the Biden administration’s new policy, the warning letter and conference safeguards are often circumvented, leaving the ATF to pull licenses on the first go-around, Johnston told the DCNF.

“That’s not how regulatory agencies are supposed to work in the sector that they’re supposed to regulate. They are supposed to help the companies, they’re supposed to ensure compliance but they’re not supposed to punish and destroy an entire industry based on just political opposition or political distaste,” Johnston continued.

The 2022 revocations were the highest since 2008, tripled 2021’s revocations and exceeded revocations from years when twice as many gun stores were inspected, according to the fact sheet. The ATF also issued another 136 warning conferences, the steepest penalty inspectors can recommend without revocation.

“The real problem is that under Biden the ATF can’t be trusted to not use the so-called zero tolerance policy to shut down legitimate gun stores. Biden is already illegally using the ATF to redefine what a firearm is without the authorization of Congress to implement his attack on the rights of gun owners,” gun rights advocacy group Second Amendment Foundation founder and Executive Vice President Alan Gottlieb told the DCNF.

 

One store owner, J.C. Harrison, from Johnson City, Tennessee, received a letter from the ATF in April of 2022 notifying him that they had revoked his license, according to NBC affiliate WCYB 5. Harrison appealed the decision, but was denied, saying the action was an “attack on the Second Amendment through the back door.”

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California Gov. Newsom seeks limits on where people can carry concealed guns By Adam Beam

The bill would also ban anyone younger than 21 from having a permit to carry their gun concealed and would require all permit holders to have more training, including on how to safely store and transport guns.

California Gov. Gavin Newsom wants to limit where people can carry concealed guns after multiple mass shootings left dozens dead across the state in January, calling for more restrictions in a state that already has some of the nation’s toughest gun laws.

He endorsed legislation Wednesday that would ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses that are open to the public. The rule wouldn’t apply if the business owner puts up a sign that says concealed guns are allowed.

 

Democratic state Sen. Anthony Portantino, the bill’s author, called that exception “a legal nuance that I think helps it with constitutional muster.”

“This is not window dressing. This is to put a strong bill on the governor’s desk to withstand a legal challenge that is sure to come,” Portantino said.

It would also ban anyone younger than 21 from having a permit to carry their gun concealed and would require all permit holders to have more training, including on how to safely store and transport guns.

California and half a dozen other states previously had laws that required people to give a reason if they wanted to carry a concealed gun in public — like citing a direct threat to their public safety.

 

But a U.S. Supreme Court ruling last year struck down those laws, making it easier for people in those states to get a permit to carry a concealed weapon.

California Democrats tried to pass new rules last year — and they would have succeeded, had it not been for a strategic blunder requiring a two-thirds vote of the Legislature so the bill could take effect immediately. Democrats could not round up enough support, and the bill died.

“That’s not going to happen this year,” Newsom said. “I will be signing this legislation.”

Newsom and legislative Democrats vowed to double down on passing a new law this year. Their cause came with renewed urgency, after mass shootings in Monterey Park and Half Moon Bay left 18 people dead and 10 others wounded. In total, the state had six mass shootings in January and at least 29 people were killed.

When asked by a reporter if there is evidence that recent mass shootings are linked to the state’s concealed carry process, Newsom said investigators are still analyzing the specifics of the shootings.

“None of us came up here today asserting that this was in response to them,” Newsom said of the concealed carry proposal.

“Then what’s the point?” said Republican Assemblyman and former Riverside Deputy District Attorney, Bill Essayli. “He’s pandering, this is all politics and we’re tired of politics, we want solutions for Californians.”

Essayli and other Republicans have said the state needs to do a better job of enforcing gun and public safety laws already on the state’s books.

“This bill goes after law-abiding concealed carry weapons owners who we know are the safest and most responsible gun owners in society, we need to be going after the people who should not be having guns,” Essayli said.

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Here is a look at some firearm-related bills state lawmakers will consider this year:

AB 97: Makes possession of an unserialized, or ghost gun, a felony.

SB 2: Sets new limits for concealed carry permit holders

AB 303: Requires the state attorney general to create an online database for the state’s Armed and Prohibited Persons System.

AB 328: Would reinstate harsher penalties for those who use a gun in the process of committing a violent crime.

AB 28: Creates a new tax on firearms and ammunition to fund gun violence protections.

–KCRA 3’s Ashley Zavala contributed to this story.

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Some Oklahoma law enforcement say they won’t enforce new DOJ gun rule by: Kaitor Kay/KFOR

OKLAHOMA CITY, Okla. (KFOR) – Some sheriff’s offices across Oklahoma are standing against the enforcement of a new gun rule from the U.S. Department of Justice that expands the definition of short-barreled rifles to include pistols with stabilizing braces. These sheriffs assert that the new rule contradicts the Oklahoma Second Amendment Sanctuary Act.

On January 13, the DOJ submitted the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ “Stabilizing Braces” Final Rule, “which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly referred to as a short-barreled rifles, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA).”

Attorney General Merrick B. Garland said the rule “makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”

elbach explained further.

“Short-barreled rifles have the greater capability of long guns, yet are easier to conceal, like a pistol,” he said. “But certain so-called stabilizing braces are designed to just attach to pistols, essentially converting them into short-barreled rifles to be fired from the shoulder. Therefore, they must be treated in the same way under the statute.”

On Tuesday, Oklahoma County Sheriff Tommie Johnson lll said per the Oklahoma Second Amendment Sanctuary Act, his office cannot enforce the rule established by the DOJ since it’s not a federal law.

“This state statute creates a contradiction,” he said. “Therefore, I have instructed my deputies, if you encounter someone in possession of a pistol with a stabilizing brace during a low-level incidental contact like a traffic stop, traffic collision, or a motorist assist, deputies are not to take any action in regard to enforcement of ATF Final rule 2021R-08f… In other words, if a deputy encounters someone with a pistol equipped with a stabilizing brace, they will take no action against that person unless that person is using the weapon in the commission of a crime.”

Sheriff Damon Devereaux of Logan County and Sheriff Jim Mullett of Garvin County announced similar positions on Wednesday and Thursday, respectively.

“The Logan County Sheriff’s Office stands with our neighbors to the South, Sheriff Tommy Johnson lll, and The Oklahoma County Sheriff’s Office and any other Sheriff’s Office or other Law Enforcement in defense of rights,” Devereaux said, citing Oklahoma State Statutes 1289.24d and 1289.24e.

Joshua Harris-Till, a leader with the Oklahoma chapter of Moms Demand Action, disagrees with the stance.

“The sheriff’s office should uphold this new rule because it is just a clarification on the short-barrel firearm laws already on the books,” he said. “It shouldn’t be something that we’re saying is a threat to the Second Amendment. All it is is a clarification.”

He explained how enforcing the rule of registering pistols with stabilizing braces as short-barreled rifles will make things better.

“It doesn’t make them illegal, inherently,” he explained. “What it makes is an opportunity for you to register those guns to show that you are a responsible gun owner and that your guns won’t be used in any of the crimes that are happening. And that’s going to help us kind of determine which guns are supposed to be on the streets and which guns aren’t. And so, if you really support responsible gun ownership, you should be in favor of this law and in favor of the registration so that we can figure out how to end gun violence.”

The DOJ said beyond background checks and serial numbers, the heightened requirements for short-barreled rifles include taxation and registration requirements that include background checks for all transfers including private transfers.

The new rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.

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Connecticut Governor Announces Plans for More Gun Control by DANTE GRAVES

Connecticut Gov. Ned Lamont announced a series of proposals aimed at curbing gun violence in the state during a press conference in Waterbury on Monday.

The proposals, which will be introduced during the 2023 legislative session include:

  • Banning open carry of firearms in public
  • Allowing concealed carry with a permit except in certain locations
  • Limiting handgun purchases to one per month
  • Updating the state’s ban on unregistered “ghost guns.”

These proposals will be part of the governor’s package of priorities for the 2023 legislative session, which he plans to present to the Connecticut General Assembly in February.

Gov. Lamont’s plans were also introduced in a press release via his official site.

Even though Lamont acknowledged that Connecticut is one of the safest states in the country, he claims the reforms are “commonsense” and even necessary due to rising rates of gun violence around the country.

“It’s our responsibility to implement policies that keep our homes and our neighborhoods safe, and we have to take every opportunity to keep our residents protected,” Lamont said. “These commonsense reforms will protect our neighborhoods and the people who live in them.”

State Sen. Gary Winfield and State Rep. Steven Stafstrom, co-chairs of the Judiciary Committee, praised the governor’s proposals.

 

“I have seen the success of our state-supported community violence intervention programs up close and personal,”  Winfield said. “They are critical to addressing and preventing gun violence in our communities, where strict gun laws fail to stop gun-related crime. We have the ability to address the root causes of gun violence and get to the individuals at risk of committing these offenses.”

Stafstrom agreed with Winfield.

“These critical reforms attack gun violence in our neighborhoods from every angle,” Stafstrom said. “I’ve supported some of these proposals in the past, and I look forward to working with the committee and the governor to get a commonsense gun violence package accomplished this session.”

According to Fox News, Republicans in the Democratic-controlled legislature took issue with the governor’s proposals, criticizing him for putting law-abiding citizens at risk while not placing enough emphasis on criminals.

“Today the Governor and Democrats pitched a familiar path to an ‘everybody problem’ by offering proposals that will again have law-abiding gun owners carrying most of the freight,” said House Republican Leader Vincent Candelora. “Missing from their news conference was any talk about focusing on the people who are squarely responsible for causing mayhem in our communities.”

The Governor’s proposal also includes allocating an additional $2.5 million for the community gun violence intervention and prevention program, which will continue funding for the staff at the Department of Public Health who oversee this program and also provide grants for community-based violence intervention organizations.

During Lamont’s time in office, he’s made gun control one of his primary goals. Starting in 2019, he made so-called “ghost guns” illegal unless the purchaser receives an official serial number from the state. In that same month, he banned gun owners from leaving their firearms unsecured in vehicles and homes. Part of that legislation was called “Ethan’s Law” in honor of 15-year-old Ethan Song, who was accidentally shot and killed while handling a .357 Magnum at his neighbor’s house.

This press conference took place less than a year after Lamont announced a $64 million dollar proposal for gun control which he claimed was supposed to address rising crime rates in the state.

“You’re not tough on crime if you’re weak on guns,” Lamont told reporters at the state Capitol in Hartford. ”We’re going to continue to stay tough on guns.”

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7 Guns to Buy Before the Ban Kicks In

https://youtu.be/dax64QaN_Tw

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ATF Unveils Pistol Brace Rule…Everything Is An SBR!

SB Tactical Stabilizing Braces
SB Tactical Stabilizing Braces

WASHINGTON, D.C. -(Ammoland.com)- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released its final rule surrounding pistol stabilizing devices killing off the market for the items unless court challenges prove successful.

The new rule (ATF final rule 2021R-08F) was published on the ATF’s website today and is set to be posted on the Federal Register on Monday, one day before the industry’s largest trade show, SHOT Show. The regulation will affect millions of Americans that currently own pistol stabilizing devices. What has been considered pistols for years will now be regarded as short barreled rifles (SBR) and be subjected to the National Firearms Act (NFA).

The proposed rule used a form known as “Worksheet 4999” to determine if a firearm equipped with a pistol brace would be considered an SBR by using a point system. The ATF ditched the form in favor of a widespread declaration that almost every pistol equipped with a brace of any kind would be considered an SBR.

“Worksheet 4999 was intended to ensure uniform consideration and application of the statutory definition of those terms. Based on the comments received, the Department agrees that the proposed Worksheet 4999 and point system did not achieve these intended purposes,” the Final Rule reads.

Under the new rule, any firearm that is “designed or redesigned made or remade and intended to be fired from the shoulder” will be considered an SBR.

This designation includes devices such as pistol stabilizing braces which the ATF assumes the shooter installed to be able to shoulder the gun. Also, if a firearm merely has the surface area that would allow it to be fired from the shoulder, the ATF might consider it an SBR if it has a weight or length consistent with a rifle.

ATF Releases Final Version of Pistol Brace Rule
ATF Releases Final Version of Pistol Brace Rule

Any pistol with a length of pull that is consistent with that of what would be found in a rifle would be considered an SBR. Any adjustable attachments, such as a multi-position buffer tube, would also automatically make the pistol an SBR. If the shooter places an optic on their firearm that requires an eye relief that is consistent with what’s used on a rifle, such as a scope, then that gun will also be considered a short barreled rifle. If a firearm has the surface area to be fired from the shoulder, such as a firearm equipped with a nonadjustable buffer tube, then that will be considered an SBR, basically making every AR-15 pistol and SBR.

“Whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations,” the document reads.

The ATF will also look at marketing material offered by the manufacturer to determine if installing that device on a firearm will convert it to an SBR. Several lawsuits involve companies suing over California’s law preventing the advertisement of firearms to people under the age of 18, including safety classes.

The ATF will also look at how the people in the firearms community use a gun to determine whether it is an SBR. You could use a device as intended by the manufacturer and still violate the rule if others use it in a way that is not consistent with how the manufacturer designed the device to be used.

There is a 120-day grace period to apply for a tax stamp for any device now considered an SBR that was previously considered a pistol.

Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.

Gun owners must use e-Forms to file for the tax stamp. Only individuals would qualify for the tax stamp on devices with pistol stabilizing braces. If someone wanted to put the firearm into a trust, they must first register as an individual and then pay the $200 transfer fee to transfer it into a trust. Many people who own NFA items prefer having their firearms in a trust.

Some states do not allow for SBRs. Gun owners in those states do have options.

They could add a 16-inch or greater barrel, converting the firearm from a pistol into a rifle. In the past, the ATF has stated that a pistol could never be converted into a rifle, but the regulation seems to change this determination. The pistol stabilizing device could also be removed, and the gun owner can modify their firearms not to be able to accept a pistol brace. The gun owner also has the option of destroying the firearm. The final option would be turning the gun into the ATF for zero compensation.

The new regulation is expected to cost gun owners over $260 million. It is expected to cost the federal government over $3 million. In addition to the cost, it will put an increasing burden on the already overwhelmed NFA division of the ATF. the ATF claims that the average wait time will be 90 days, although Silencer Shop is showing a wait time of eight months for a tax stamp. Not only will it bog down the new tax stamp applications for SBRs, but it might drastically increase the wait time for other NFA items, such as sound suppressors.

There will be challenges to the new rule. The Second Amendment Foundation has an ongoing case in a federal District Court in North Dakota over the new regulation. Other legal challenges are expected shortly from other Second Amendment organizations.

Ammoland News reached out to SB tactical for a comment on the final rule but has not received one at the time of this writing.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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Illinois Gov. Pritzker FURIOUS as Sheriffs Refuse to Enforce Gun Law by Dave Workman

The new Illinois gun control law has brought strong resistance from a growing number of county sheriffs. They’re refusing to enforce its components, infuriating Gov. J.B. Pritzker. iStock-884198022

U.S.A. –-(AmmoLand.com)- Illinois Gov. J.B. Pritzker quickly became furious when what appears to be a majority of Prairie State county sheriffs announced they will not enforce the state’s new restrictive gun control law banning so-called “assault weapons” and “high-capacity” magazines.

According to MyStateLine, the new law requires current owners of affected guns to register them with the State Police. It also bans the future sales “of about 100 different semi-automatic pistols, shotguns, and rifles.”

Pritzker, who speedily signed the legislation, had a fit when sheriffs began telling their constituents they won’t enforce the ban. According to WGN and WTVO, “As are all law enforcement all across our state and they will in fact do their job or they won’t be in their job,” Pritzker told reporters.

But Richard Pearson, executive director of the Illinois State Rifle Association, which is preparing to file a federal lawsuit against the new law, told Ammoland News in a telephone conversation sheriffs are elected, and Pritzker cannot fire them.

“I don’t know how much (the resistance by sheriffs) will play into” the lawsuit scenario, Pearson said.

But he does know how the public is reacting, and up and down the state, “people are furious.” Since Pritzker signed the legislation—HB 5471—Pearson said the ISRA office telephones have been “ringing off the hook.”

In addition to banning future sales of semiautomatic firearms, the new law bans .50-caliber firearms.

KSDK News reported Greene County Sheriff Rob McMillen and Macoupin County Sheriff Shawn Kahl posted on their department Facebook pages they will not enforce the law. McMillan accurately predicted his decision would get plenty of concurring opinions from other Illinois sheriffs. Sheriff Kahl said he believes the new law violates the Second Amendment.

Greene County Sheriff Rob McMillen Assault Weapons Enforcement Letter 2023
Greene County Sheriff Rob McMillen Assault Weapons Enforcement Letter 2023

Likewise, according to MyStateLine, Winnebago County Sheriff Gary Caruana, Lee County Sheriff Clayton Whelan and Ogle County Sheriff Brian VanVickle shared the same sentiments. In their statement, they said HB 5471 “is a clear violation of the 2nd Amendment.”

ShawLocal.com reported that DeKalb County Sheriff Andy Sullivan, among others, issued a statement drafted by the Illinois Sheriff’s Association.

“As the custodian of the jail and chief law enforcement official,” Sullivan said, “[I] proclaim that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law-abiding gun individuals that have been arrested solely with non-compliance of this Act.”

As it turns out, Illinois is not the only state where sheriffs are fed up with gun control laws pushed by governors. Out in Washington State, where Democrat Gov. Jay Inslee and Attorney General Bob Ferguson are calling for an “assault weapon” ban, the Washington State Sheriff’s Association issued a letter declaring, “We…believe the proposed restrictions will serve to erode constitutionally protected rights without addressing the root causes of violent crime. We are particularly concerned with the proposed so-called ‘assault weapons ban’ and ‘permit to purchase’ laws.

“Restrictions that shift focus from offenders to law-abiding citizens send the wrong message and erode constitutional guarantees upheld by the United States Supreme Court,” the letter adds.

“The Governor’s proposed legislation is also inconsistent with Article 1, Section 24 of the Washington State Constitution, which mirrors the language of the Federal Second Amendment,” the sheriffs say. “The new proposals to restrict gun ownership would further infringe on rights that have been clearly and repeatedly established.”

Pritzker and Illinois Democrats call their new law the “Protect Illinois Communities Act.” County sheriffs now saying they won’t enforce the law’s provisions evidently believe this law’s title is wholly erroneous.

Published reports quote Ogle County’s VanVickle, who observed, “This appears to be another rush to judgment on a bill that was introduced with very little oversight and very little public review.”

Concurring, Stephenson County Sheriff Steve Stovall stated, “There is so many unknowns, it’s another one of those laws that passed that they put unrealistic expectations out there, and there is no way to follow those things up.”

Pearson, at the ISRA offices, told AmmoLand one development in the aftermath of Pritzker’s bill signing is that his organization’s membership numbers are climbing. Every year, ISRA sponsors an event in Springfield, the state capital, that attracts several thousand gun owners. This rally and march are called IGOLD, and Pearson said this year’s event, scheduled March 29, will likely see a record turnout if current emotions continue running high.

As noted by KSDK News, Madison County Sheriff Jeff Connor and Tom Haine, the county’s State’s Attorney, issued a joint statement that noted, “…We expect a strong court challenge to HB 5471 in short order. We trust that this legislative overreach will not stand. In the meantime, we remain focused on reducing violent crime. Therefore, pending further direction by the courts, the Madison County Sheriff’s Office will not expend its limited resources to check whether otherwise law-abiding gun owners have registered their weapons with the State, nor will the Madison County Sheriff’s Office be arresting or housing otherwise law-abiding individuals solely due to non-compliance with HB 5471.”

Writing on Facebook, Stephenson County’s Stovall summed it up: “Let me be clear, this piece of legislation will do nothing to make our communities safer! Criminals don’t follow the laws. That is what makes them criminals. This unconstitutional legislation infringes on our 2nd Amendment Rights, which makes any enforcement of HB5471 contrary to my oath of office.”

Pretty soon, that sentiment will likely be at the heart of ISRA’s promised federal lawsuit.


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.