Tag Archives: ATF

[Update 3] – I’m fairly sure that “iPhone gun” is a hoax

You’ve seen the hype over the Ideal Conceal “phone gun.” Who hasn’t?

But I’ll bet you haven’t seen a photograph of it. Every picture I can find is a computer-rendered image taken from the company web site.

Like this one:

ic-pocket-street

Now look closely at that hand gripping the “gun.”

ic-pocket-street-closeup

Try it yourself. Hold your phone (or paperback book, or any rectangular thingie) by the corner like that. It’s a poor photoshop. Even the street scene.

stock-photo-dark-street-in-tel-aviv-israel-38249383

Look familiar?

I emailed Ideal Conceal (and why do you suppose he’s using Gmail, instead of a more professional-apppearing idealconceal.com email address?) to ask for a photograph of the actual prototype; the idea being to establish that a real, physical product exists. Or not.

Kjellberg sent two more renderings. No photographs. Interestingly, the two image files are named “phun-gun-img-003e.jpg” and “phun-gun-img-004b.png.”

Phun = Fun? How professional.

When I pointed out that I wanted a photograph as a response to those who doubt the existence of the Ideal Conceal, he replied:

Unfortunately we don’t have a prototype that we are showing to the public. I have told every news agency and persons who contact us that info.

We will be releasing video etc when it is ready.

Doubters with doubt….

Thanks Kirk Kjellberg

Kjellberg  claims he’ll be building these guns. That’s real interesting, because the ATF only shows Ideal Conceal having a Type 01 dealer license. More interesting is the address given for Ideal Conceal: 4300 SCHOOL BOULEVARD

It’s currently up for sale, according to that link. An office building, not a factory.

A whois on the domain idealconceal.com shows:

Updated Date: 29-jan-2016
Creation Date: 16-aug-2015
Expiration Date: 16-aug-2016

A one year registration? Expiring before he plans to start shipping in October?

Whois also shows a different street address than that in the ATF records: 9127 Highway 25. I doubt that he’s manufacturing an oversized, stupidly designed derringer there, either. Since he claims he’s already taken 4,000 preorders, he’d better find — and equip… and man — a factory fast.

Especially if he’s taken money in advance on those preorders, someone might want to talk to the Minnesota Attorney General about potential fraud.

Or not. Maybe he isn’t accepting payments yet.

So if it isn’t a financial scam, what might be motivating the guy?

kjellberg-fb

Thanks to Mitchell Boone for finding that F******k post. If you’re having trouble reading that, it says:


Kirk Ennis Kjellburg
December 19, 2012
Dear Gun Lovers, let me introduce you to playground rules. When enough stupid kids can’t play say king of the hill nicely, they take away the hill. Use your brain, somehow this has to stop. Shouting for gun rights when the bodies of 20 children lay dead is about as selfish as it gets…

Yep. He wants to punish everyone who didn’t do it for the actions of Some Asshole who killed his mother and stole her guns to go on a rampage. Some pro-gun advocate.

I think we’re looking at the same sort of anti-RKBA action as the bogus RNC open carry petition. An attempt to embarrass gun owners and make us look bad.

Perhaps my guess is incorrect. If Kjellberg wishes to correct any misconceptions, I’d like him to answer some questions, and provide a little data.

Unless and until we hear from Kjellberg, I certainly wouldn’t advise anyone to preorder an Ideal Conceal pistol.

Update, 4/12/16: Aha! I found an article that I missed in the last round.

“Right now there isn’t a firing prototype all I have is a plastic model of it so once there’s a firing prototype people will feel more comfortable about how it deploys, how it shoots and that kind of stuff”, said Kjellberg.

I was right: No prototype; just a nonfunctional plastic model. Since he claims he’ll be shipping in five or six months, that motivational speaker/claims adjuster/microwave salesman better hurry up and get a manufacturer’s license, not to mention someone capable of designing a working gun since his LinkedIn page doesn’t suggest any engineering experience or training.

And no, Kjellberg has not contacted me to answer any of the above questions.

Update 2, 4/14/16: Kjellberg is now admitting that he is not a licensed manufacturer.The current story is:

“He isn’t properly licensed to manufacture such a weapon, though, so he connected with a friend at a Big Lake engineering company that has federal clearance for weapon design.”

I see three type 07 FFLs in Big Lake:

Interestingly, Bondhus Arms is marketing its own .380 concealment pistol, the CL380.

bondhus-arms-cl380

While there does seem to be a working prototype, and they have a real approved patent, it doesn’t seem to be for sale yet (“later this year”). I wonder if Bondhus Arms would actually build its competitor’s .380.

I’ve sent messages to MPI and Bondhus asking if they are the manufacturer Kjellberg mentions. I’ve also contacted the ATF with some general inquiries (AOW, etc.).

Nope; nothing from Kjellberg yet.

Update 3, 4/15/16: Still nothing from Kjellberg. But the ATF responded. A company has problems when it’s response time is worse than a federal bureaucracy.

Basically, since Kjellberg doesn’t have even a prototype, and apparently hasn’t submitted anything to the ATF, they couldn’t answer most of my questions. I got the extremely vague answer I expected.

Mr. Bussjaeger: Thank you for your inquiry and concern in regards to the pistol that appears to be a cellphone. As ATF understands it, the proposed manufacturer of this firearm does not even yet have an operable prototype. If the company chooses, it can submit to ATF for determination the classification of the firearm. The ATF enforces two primary Federal firearms laws: the Gun Control Act (GCA) and the National Firearms Act (NFA). Based on the information ATF currently has on this proposed firearm, it would be lawful to manufacture under the Gun Control Act (GCA). So, to address your concerns: Based on what ATF knows of this proposed firearm at this time, it would be both lawful to manufacture and own/possess under Federal firearms laws. Again, ATF’s responsibility is to enforce Federal firearms laws as they exist and as stated, based on what ATF currently knows about the proposed firearm it would be lawful under current Federal firearms laws. Thank you.

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Hate In America

I watched part of a TV show last night, reminding me why I seldom watch TV, that and lack of time.

The show was on Investigation Discovery, and out of the two stories covered, one of them was the shooting at the Jewish Community Center in Overland Park. The criminal was an American Nazi. There was a video clip in the show of him sitting in the back of a police car yelling “heil hootler”! Yeah, actually I did mean to misspell it. Petty, I know. Pictures of him doing the hootler salute, the nazi flag, clips of his speeches and the whole 9 yards. Did he hate Jews? Oh yeah. He was asked if he was sad none of the victims he shot were Jewish. No, he considered those he shot Jewish collaborators. Was he an insane madman? Darn skippy.

All sounds like a well covered show, right? You would be wrong.

The show was about lionizing something called the Southern Poverty Law Center, an evil institution run by your typical flaming liberal Morris Dees.

Let me tell you a little bit about the SPLC from something that was on the national radar a few years ago in 2009. It happened in the state of Missouri, but it made waves across the nation when people found out.

The Missouri Highway Patrol issued a report to their troopers called the MIAC report. It was issued by the Missouri Information and Analysis Center (MIAC), a branch of the state’s Highway Patrol. This scholarly paper warned their officers to be wary of the following people that represented a danger to the officers and the public in general.

Christians, political conservatives, patriots, pro-lifers, libertarians, gun owners, and constitutionalists and militia members. Those that display Constitutional Party, Campaign for Liberty, or Libertarian material, such as bumper stickers. These members were usually supporters of former Presidential Candidates Ron Paul, Chuck Baldwin, and Bob Barr.

Any car sporting a pro-life, pro-free speech, pro-Second Amendment bumper sticker was to be viewed with extreme caution.

And where would the Missouri Highway Patrol get such a insane memorandum? Why, from the SPLC. Who never met a group of conservatives or conservative candidate they didn’t label as a threat or a hate group.

After a huge outcry from enraged conservatives and conservative lawmakers the MO HP retracted their report and the blame flinging session began.

Other states had reason to be concerned. The MO HP is part of a “fusion center”. They assimilate and disseminate information to state and local agencies. At the time, the federal Department of Homeland Security’s Web page entitled “State and Local Fusion Centers” said

Many states and larger cities have created state and local fusion centers to share information and intelligence within their jurisdictions as well as with the federal government….

In 2009 DHS “had deployed intelligence officers to state fusion centers in: Arizona, California, Colorado, Connecticut, District of Columbia, Georgia, Florida, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, South Carolina, Texas, Virginia, Washington, Wisconsin.

I’m sure there are more now.

It was the prelude to what happened a couple years later.

It started with a request from the Social Security Administration jointly with the ATF, for the entire list of Missouri Concealed Carry permit holders as part of an investigation. An investigation which was dropped the minute the ATF received the list of all Missouri CCW holders. The request was made of the Missouri Department of Revenue. The Mo Department of Revenue, which illegally as in against Missouri Law, but at the direction of Gov. Jay Nixon had begun implementing REAL ID. The Mo DOR attempted to mislead the legislature by not telling them the ATF had been part of the requesting agencies. It is against the law to supply a list of gun owners to the Federal Government.

So who would break the law like that? The Missouri Highway Patrol.

Testifying before a Senate committee, Highway Patrol Col. Ron Replogle said the concealed guns list was given to an investigator looking into potential fraud involving Social Security benefits for the disabled. But he said the investigator never was able to read the encrypted information and ultimately destroyed the computer discs.

Republicans expressed concern that the privacy rights of Missouri residents are being infringed, but members of Democratic Gov. Jay Nixon’s administration insisted there was nothing wrong with the information sharing.

Now just a word about that encrypted disc that Replogle said they sent. It was NOT encrypted, it was in a password protected excel file. The password was included in the cover letter. The cover letter that was sent WITH the discs. The cover letter that was sent with the discs via REGULAR mail.

For fun you can listen to this interview with Sen. Kurt Schafer with Dana Loesch on The Dana Show.

Why would the Mo Highway Patrol do such a thing? Well, obama syncophant jay nixon directed them to, and after all, gun owners are the enemy, right?

So back to the TV show. The “courageous” Morris Dees who has armed security people at his home recounted an incident where intruders gained access to his grounds. He related the story of getting his guns, and his daughter had a .22 she was a good shot with, and they huddled together with their guns in their safe room till the danger had been resolved.

I kid you not.

I can’t make this stuff up. And now the SPLC is probably going to have this dam darn TV show telling uninformed people that this is a great group. Peachy, just swell.

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That cars vs. guns regulation argument again

Guns and Their Users Should Be Regulated Like Cars and Drivers Are
As a car enthusiast, the parallels between automobiles and guns — both of which are beloved objects that become lethal weapons when used in malice or handled incorrectly – strike me as obvious. They ought to be regulated similarly.

Sure, let’s regulate them the same way:

  • Manufacturers would have to submit samples of each model equipped with all factory options to the ATF to make sure it couldn’t go too fast or too far.
  • Car manufacturers would be sued when anyone uses a stolen vehicle in a DUI, hit&run, bank robbery, or speeding, despite laws that limit law suits to cases where the manufacturer actually did something wrong.
  • Dealers would have to run criminal background checks on all buyers.
  • The dealer would lose his Federal Automobile License if a customer filled out the ATF form 4473 incorrectly.
  • When buying a car from a dealer, you would have to disclose your race.
  • Some states would require you to obtain a license to buy a car, separate from the driver license.
  • You wouldn’t be able to drive your car to the post office, many restaurants and bars, or past schools.
  • Several states would require you conceal your car while driving.
  • MADD would encourage people to “swat” you if they see your car.
  • Some states would limit your car to a ten gallon tank, and require another background check when you refuel.
  • New York would limit you to 20 gallons of gas every 60 days.
  • California would require that your car be designed to be difficult to refuel without tools.
  • Your driver license might not be recognized by other states.
  • High capacity vans and buses would be banned in several states. Ditto large pickups.
  • You would lose your right to own a vehicle if you have a financial manager to help you with your money.
  • You wouldn’t be allowed to purchase a small economy car unless you are at least 21 years old, but you could buy a truck at 18. Congresscreeps would argue for raising the purchasing age for everything to 25.
  • Racing stripes would be banned, along with a host of other cosmetic features.
  • If anyone in your household got a DUI, your car would be confiscated.
  • Cities would have their own car ownership and driver license laws that differ from others within the same state.
  • NYC would only issue 37,000 driver licenses in the entire city of 8.5 million people, and only if you are rich or politically connected.
  • Driving your car in town would be prohibited.
  • In many areas, you would be required to drain your gas tank, lock your steering wheel, and store your car in a locked garage when not in use. The gasoline would have to be in a separate locked room.
  • Many states would allow the sheriff to deny you a driver license without cause.
  • Mufflers would be heavily taxed and registered, and outright banned in many areas. Where you can get a muffler, the process could take as much as 18 months.
  • The ATF would periodically flip-flop on whether your brakes are mufflers.
  • The ATF would also classify your shoelaces as high capacity buses, and charge you $200 dollars per lace.
  • When driving cross-country, you’d actually be required to drain your fuel tank and lock your car up in a shipping container. Get a large handtruck.
  • If you want to sell your old junker, the ATF will consider you a dealer, requiring hundreds of dollars in fees and months of waiting for approval. Then you’d be subject to random inspections of all your property.

Shall I go on?

And this:

More than a little eerily, roughly as many people die from automobile-related deaths in America each year as from guns.

There are an estimated 253 million automobiles on the road vs. an estimated 336-750 million guns in civilian hands. Despite being much less numerous, vehicles are used to kill more people than are guns. I don’t think the problem here is guns and their owners.

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It isn’t the gun people’s loophole

The “gun show loophole.” You’ve heard about it over and over and over and…

If you’re a gun guy, you get annoyed and explain that there is no such thing as a “gun show loophole” that lets unlicensed dealers sell guns at shows without background checks. After all, 18 U.S.C. § 922(a)(1)(A) says that anyone engaged in the business of selling guns must be licensed (and thus must run background checks). It doesn’t matter whether that FFL sold the gun in his store, at a gun show, online, or in a back alley at midnight.

So… No loophole, right? The victim disarmers are simply lying to confuse the ignorant about occasional private sellers and dealers. Yes, but…

There is a loophole. But it’s the government’s loophole. 18 U.S.C. § 921(a)(21) defines “engaged in the business”: a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

If you’re making repetitive sales to make money, you’re a dealer and must get a license no matter where you conduct your business. Occasional sales, liquidation of a personal collection, maintaing and tuning a hobbyist’s collection… none of that requires an FFL because you clearly aren’t a dealer.

Where’s the “loophole” that lets a dealer skip background checks?

In the 1990s Prez Billy Jeff Clinton decided there were too many Federal Firearms Licensees. In short, a bunch of folks who would normally be considered hobbyists or collectors had gotten FFLs so that if the occasion arose, they could make a little profit, and because it made interstate shipping easier. Note that they still had to do all the record-keeping, reporting, and checking as any FFL with a store on main street.

But Cigar-Boy and the ATF didn’t like that situation: 250,000 FFLs meant it was convenient (and competitive) for honest people to lawfully purchase arms. So they changed the definition of “engaged in the business” to “engaged in enough business, and in the right places.”

Worked out of your home? Scratch that FFL. The ATF began coordinating with local zoning authorities and you had to prove your home was zoned (or a variance granted) for a business, even if you only did business at gun shows.

Didn’t sell enough guns in a year to make a profit? You’re just a lowly collector, not really in the business. There’s goes another FFL.

And that’s when the ATF started with the insane form 4473 enforcement: wrong color pen used to fill it out? Lose your license. Customer wrote “Y” instead of “Yes”? Lose your license. Bound book got updated the next morning rather than at closing in the evening? Yep, another FFL bites the dust.

We went from roughly 250,000 FFLs in the 1990s to approximately 50,000 today.

FFL-chart

But let’s say you got a zoning variance for your home business. You do a lot of business; in fact, you make a decent fortune every year selling guns at shows across the midwest. Your paperwork is perfect. You won’t even release a firearm after the three-day background check hold if you don’t hear back positively. Sure was a good thing you got that FFL, eh?

Nope. Because you got trapped by the ATF’s loophole.

ATFform7-Gun-Show-Loophole

Yes, take a look at item 18a on the ATF form 7. Despite doing business, the ATF will not issue you a license. They pulled out of their asses invented a new condition not in law: a physical store front.

Gun shows don’t count. Except when they do, when people whom the ATF told weren’t really dealers got busted anyway. For doing what the ATF said was okay.

The Gun Show Loophole: ATF: “You’re a dealer any time we need some publicity and arrests for promotion points.”
Now, after decades of the Clinton rules on dealers, President TelePrompter says he’s going to make those terrible “gun show dealers” get FFLs so they have to run background checks. I hope he remembers to tell the ATF to take that restriction off of 18a, and start accepting those applications.

If so, I’ll think about getting a license myself. I’ve run across some particularly good deals on guns that I could have turned around for a profit. It might be nice to be able to take advantage of that without the ATF busting me. History suggests that 200,000 other people would also consider it.

Somehow, when if the number of FFLs increases five-fold, I don’t think the extra 230 NICS workers are going to be sufficient.

FBI background checks Dec 2015_0

A five-fold FFL increase probably won’t translate into a five-fold NICS traffic increase, but somehow I don’t think they be able to keep up. (Something to bear in mind when you hear about bills to increase the NICS-delay time to 25 days and beyond.)

In fact, I don’t think the ATF will issue those licenses. Instead of letting people operate legally as they wished to do, it’s far more likely that they’ll crack down further on the honest folks they’ve been denying FFLs. That’s why Barrycade is authorizing an additional 200 ATF goons, instead of clerks to process applications.

Obama’s self-admitted goal is not to get more dealers licensed and into compliance. Clerks would do that. He’s just looking to crack down on honest sales.

“It’s a little bit harder to get a gun.”
[…]
“It may be a little more diffult and a little more expensive. And the laws of supply and demand mean that if something’s harder to get and a little more expensive to get then fewer people get them.”

Barry, allowing me to introduce you to another little economic tidbit:

The black market
When he makes transactions difficult and expensive, he makes the black market cost effective. It worked for the War On (Some) Drugs. Fortunately for honest people who want defensive tools, the black market for firearms is already well established.

Now there’s a loophole.

“Smitty,what do you think of these trick rules the new Head has thought up? Should we knuckle under, or make a squawk”?

“Squawk? What for?” Smythe gathered up his tools. “There’s a brand-new business opportunity in each one, if you only had the wit to see it. When in doubt, come see Smythe — special services at all hours.”
Robert A. Heinlein, Red Planet

If he’s crazy enough to reverse the Clinton rules, we can make him look darned silly. Not just salesman of the year, but FFL recruiter of the century.

Sadly, he won’t. That’s talk. The real clue is: 200 new agents, not 200 clerks.

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