Tag Archives: ATF

große Lüge: Firearms are “grossly unregulated”

We’ve discussed the große Lüge of victim disarming gun people controllers. Another lie on the list is this one:

NRA Unveils Drivable Gun That Doesn’t Require Registration Or A License To Operate
Again, NFA items not the point (just as tanks and ICBMs aren’t). Firearms are grossly under-regulated in the United States by comparison with other nations who (surprise!) have far less problems with gun violence.

“Gulliver” appears to be the author of that failed attempt at satire. “Gulliver” also appears to have bought the big lie.

Let’s see how “under-/unregulated firearms are. I’ve done this in abbreviated form in the past, but this will be a little more detailed.

[“Gun Culture” types can stop here; you know this, more than likely. This column is for the less-informed like “Gulliver,” whoever s/he/ze/zyr/&tpen/@/it may be.]

Naturally, a firearms manufacturer has to comply with all the same rules that any other manufacturer faces: OSHA, EPA, labor law, finance… it’s a long list, which is why we have to import a lot of stuff; regulatory compliance makes it too expensive to actually make a lot of stuff in America these days.

Moving on, we have firearms specific laws and regulations. First, you need a Federal Firearms License to build guns for sale. Usually that will be a Type 7 FFL. Maybe.

Let’s say you had a potentially great idea for a system that disperses fire retardant chemicals over an area. You think it’s just the thing for suppressing forest or grass fires on the perimeter. Fire departments and ranchers will love it. Your system is a 40 millimeter “grenade” full of said chemicals, fired from a light weight polymer launcher.

Whoops. 40mm makes that a “destructive device.” Now you need a Type 10 FFL. And you’ll mostly be able to sell it to governments; tougher for volunteer fire departments of ranchers. Manufacturing the rounds for the launcher also requires a Type 9 FFL, so it’s no good contracting out just the launcher while you assemble the ammunition.

So you scale it back to 37mm. It’s less effective than 40, but better than nothing.

Or maybe you say the heck with it, and move on to a different product. Howa bout a short self defense shotgun with a 14 inch barrel? If you put a standard shoulder stock on it, it becomes a short-barrel shotgun, and buyers will need a market-limiting tax stamp. If you put a pistol grip on the same exact action, it’s magically not. You aren’t sure why, since smoothbore pistols are “Any Other Weapons” (AOW) and require tax stamps. But the ATF made a ruling. (Ghu save the buyer if he puts a shoulder stock on it without getting a tax stamp.)

That’s too complicated, so you decide to enter the light weight polymer defensive pistol market. You have a fantastic design that makes even the slide nonmetallic. This will be easy to to carry on a daily basis.

But is it too light? Federal law bans the production of nonmetallic “undetectable” firearms, even if the dense polymer shows up in x-rays. If your metal barrel is underweight, you have to build in a chunk of nonremovable metal, raising the weight of your previously light weight sidearm.

The heck with it, let’s just make a cute little pistol out of metal, that looks like a cell phone. Except that might be an AOW, too; so you’d better submit a sample to the ATF and get a ruling.

One these is a pistol, and one is an AOW cell phone gun. Which is yours?

Hmm… how ’bout a simple little pen shaped gun (made of metal, of course). You’d best submit your design to the ATF again.

One of these is a pistol, and one is an AOW pen gun. Which did you submit to the ATF?


Argh! All right. Conventional pistol, with the action simplified to make it cheap to machine.

Wait. You didn’t make that an open bolt design, did you? That’s a machinegun. I know it’s just a semiautomatic-only, but new open-bolts are automatically machineguns now, under firearms regulations.

Good Bog, you’re trapped in a regulatory maze, and you haven’t even built anything yet!

OK, screw it. You’ll build a simple autoloader pistol. Reverse engineer a Raven with enough differences not run afoul of any patents, and better quality. Good to go.

So you start building guns. Which have to be marked: manufacturer, serial number, caliber. You’re CNC milling these, so you do the marking during initial milling to minimize the process.

Bad move. Every firearm you make — and it’s a firearm once marked — has to be logged in the books for ATF inspection. Yes, inspections. If you make one and it fails quality control testing, and you destroy it, you have to log that, and prove you destroyed it.

So you mark it afterwards. No, no, no! You can’t do that. If firearms are not marked, that’s illegal, too. You’ll just have to guess at what point in production the serial numbers are required. Good luck complying with that rule.

Umm… you did do the marking in the approved font, in the regulated size, and to the specified depth? Right?

But somehow you manage. Your firearms are ready to ship. You exchange FFL paperwork with distributors across the country (under firearms laws and regulations, you can’t ship to end buyers). And away you go!

Wait a minute there, bud. You didn’t design that pistol for a round which the ATF considers armor-piercing (this week), did you? Back to the drawing board.

So it’s finally ready for prime time. Keep your fingers crossed.

State Laws and Regulations
First, you need assorted state (and possibly local) licenses to operate. Not just any old manufacturer licensing; that and licensing specific to firearms. There be additional zoning laws to keep firearms manufacturing out of areas where other manufacturing is allowed. Forget being within miles of a one room schoolhouse in the country.

You can’t just start shipping out federally legal guns to anywhere. Some states will require you to submit samples for evaluation and approval. Massachusetts wants to be sure they’re “safe” and don’t look too much like weapons they banned that complied with their rules but also looked too much like guns they don’t like.

California will do the same and more. Is the gun too small? Too big? Will it pass drop testing? Did you remember to submit a sample of every single variation you make? That means if you offer the pistol with black plastic grip panels and pink plastic grip panels, you have to submit two complete pistols in both colors. We’re aren’t sure how color makes a difference, but we aren’t smoking what the California legislature smokes.

Whoops! Your pistol doesn’t microstamp pistol-identifying data on the case of each round fired, in two places. Yes, we know the technology doesn’t yet exist to do that, but California apparently has really good weed.

So you just scratch off some large potential markets and just ship a firearm that complies with physical reality to the sane parts of the country. Or…

You could say the hell with manufacturing. Eliminate the need for FFLs and all that garbage. You go back to your plastic pistol design and tweak the 3D printing files so the design complies with all federal laws (minimum metal content, and such), and sell those on the Internet. You can draw on the Defense Distributed Ghost Gunner market; they have the mill, you can supply really cool printer files, right?

You’re going to prison for violating ITAR arms export laws and regulations. Yep, more of those “grossly under regulated” laws and regs.

At this point, maybe you’re thinking that firearms manufacturing is too tough and you’ll just say the hell with it and make something safe. Like shoelaces.

Sorry, that might a machinegun, too. Better get an FFL anyway, just in case the ATF changes the rules again.

Back to just selling legal pistols in the safe parts of the US.

The Retail World

So — complying with all federal and state laws and regulations — you sell a shipment of Super-Concealed Thug Slayer pistols to a distributor. Distributor checks laws and regs and sells some to a fully compliant retail FFL (yes, another federal firearms license). The retailer follows all laws and regs and logs the guns into his bound book for ATF inspection.

The FFL dealer also has state and local laws and regulations to deal with. Some zoning laws keep him out of cities altogether. If someone builds a church a thousand feet away, he might be forced to relocate or close. He’ll be required to install security systems beyond that required for banks or jewelry stores. He’ll be required to pull all his merchandise off the shelves and lock them in a safe in a back room after hours, even if the cases are unbreakable and the store has roll-down blast-proof shutters. He might be required to install anti-vehicle barricades to prevent thieves driving a stolen car through his store front.

The dealer is required to be a mindreader or precognitive, capable of determining whether a customer who meets all legal requirements is really a straw-purchaser, or might commit mass murder years down the road, or if the ATF overrides a NICS denial to allow an unlawful sale so they can pretend to “entrap” someone. He’ll be required to provide unlicensed mental health counseling for potentially suicidal customers; he’ll be required to be an unlicensed psychologist to make that diagnosis.

Joe Citizen walks into the Isher Weapons Shop and likes your gun. He presents state-issued photo ID, fills out a multi-page form swearing that he is allowed by the feds to purchase a firearm. As required, he informs the feds of his race. In some states, Joe will also present his license to merely own a firearm (more PPYI, fingerprinting, photos, taxes and fees, probably training). The dealer calls the FBI to complete a prior restraint on the would-be buyer’s constitutional rights requiring him to preemptively prove his innocence.

If the buyer is lucky, the FBI will approve the sale. If he isn’t lucky, they might make him wait a few days for approval/denial. If the FBI doesn’t respond in three days, the dealer has the option of completing or killing the sale. If the buyer is really unlucky, the FBI will declare him a prohibited person and deny the sale.

Joe Citizen, being a law-abiding type, can’t understand why the sale was denied. Assuming he isn’t in one of the states that requires the dealer to report him to the police (whereupon he’s arrested, charged, jailed, etc.), he files an appeal of the denial. Maybe he knows that virtually all NICS denials are false positives, and it’ll all get straightened out. Some day. Maybe. Because there’s a backlog of tens of thousands of unprocessed appeals.

But we’ll back up; Joe was legal and got his new defense pistol. He takes it home and locks it in a safe (per state “safe storage” laws, with ammunition locked away in a separate safe). Because he has not yet also gone through the PPYI check, fingerprinting, photographing, mandatory training by state-approved/licensed instructors, and paid the taxes and fees for a separate carry license for that specific firearm in his state (even though he’s already licensed for the Super-Concealed Thug Slayer with blue grip panels. Bog save him if he lives in Hawaii, where his license is only good in one county and he’ll have to try to repeat the process in every county to which he might travel.

Well, perhaps. In some states, there’s a mandatory waiting period before he can take his new pistol home. He still has to pay for, but he must wait. Even though the point of the federal NICS “instant background PPYI check” was to eliminate waiting periods. He must wait to prevent him from doing anything impulsive with that gun. He must wait even if he already owns a dozen guns with which he could act impulsively. Because of grossly under-regulated guns.

The “End User”

But finally Joe takes it home. After registering it, depending on state. Hopefully with ammunition he purchased after yet another round of PPYI checks, in some states.

And that night, some goblin breaks in, murders Joe, gets into the safe, and steals that Super-Concealed Thug Slayer you built and sold. Goblin steals a Ford Escort, uses it to plow down a bunch of pedestrians, then uses your product to finish off the survivors.

What’s that got to do with you? It’s your fault. Not Ford’s fault, even though Goblin used a Ford. Not the Ford dealer. Not the Ford’s owner. But it is Joe’s fault for negligently storing the gun in a safe that the Goblin could get into after Joe negligently let himself be murdered. Thanks goodness you excluded California sales, or Joe’s estate might be prosecuted for dead Joe failing to report the stolen firearm.

It’s the dealer’s fault for following all local, state, and federal laws. Ditto for the negligent distributor. And most especially you, Mr. Manufacturer, for making and marketing a weapon to kill people.

“But the Protection of Lawful Commerce in Arms Act protects me if I followed all the rules and someone else misused my product,” you cry. “Why not sue Ford?”

Possibly they’ll get around to it, though it seems unlikely. But you engaged in “negligent marketing.” By obeying the grossly under-regulating state and federal laws and regulations that damned near kept you out of the market in the first place.

Welcome to the wonderful world of unregulated firearms. Next week, we’ll talk about the laws, regulations, and rules surrounding ammunition for those unregulated guns. If my head doesn’t explode; I may need a Federal Explosives License from the ATF for that.

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar.



Do they care?

A comment was left on the post Commenting Now Open: Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices.

Carl… do you actually think any rational explanation of anything will influence the bureaucrats? Do you think that any of them CARE in the least? If they were the least influenced by reality, none of this would be happening.

That could almost be a template for things I’ve been told over the years. Strike out “bureaucrats” and insert “HOA,” “mayor,” “councilman,” “congresscreep,” “senator,” “reporter,” or “pollster.” It’s always pointless trying to reach these folks because they don’t care what us peons think.

I disagree.

I think there’s some value to outreach. Occasionally you reach someone whose mind isn’t closed and is willing to learn. Not the politicians and bureaucrats, of course.

But there is one bit of “reality” that will influence them. Sheer numbers.

So the periodic reminder that there are millions of honest gun owners who won’t play their game gives them pause. Given the blatant animosity towards the Constitution from people like Pelosi, Feinstein, Schumer, Reid — and so many others — I think the only reason they haven’t attempted outright bans and confiscations is that there are too many us, too well armed. It’s too late to “bell the cat,” and they know it.

So they keep trying just a little bit at a time; testing the waters.

And we remind them that the waters still hold piranha. With lots of big teeth.

Do the bureaucrats of the ATF care about the facts in my rulemaking comment? Of course, not. But they do care that hundreds of gun owners per day let them know we’re still watching for those dipping toes.

That said, I strongly suspect we’ll initially lose the bump-fire battle because the ATF is notoriously stupid. They classified a shoestring as a machinegun. They thought no one would notice that they were overriding NICS to sell guns to felons and traffickers with the intent of arming Mexican cartels.

I think they’re looking at potential revenue, too. The request for comments asks manufacturers and retailers how many bump-fire stocks are out there. I’m sure they’re thinking, “Wow! Hunnerds of thousands of new NFA devices that people will have to fork out two hunnerd bucks a pop to keep, if we grandfather existing stocks. That’s millions in new revenue! Oak desks for everyone! Vegas ‘conferences’!

Initially. They think bump-fire stocks and trigger cranks are a small niche that we won’t fight for. They’re wrong, because the proposal is too broad. As my comment indicates, this redefines almost anything as a machinegun, including fingers.* They aren’t dipping a toe in the water this time; they’re sticking their foot in, and they’ll lose it. They’ll be forced to back off just as they did with the full-auto shoestring.

Because they do care. About our numbers, if not our words.

* If you don’t think the vaguely broad scope isn’t intentional, you haven’t been paying attention. If bump-fire stocks were all they were after, Feinstein’s bill could have read like this, or the ATF could have issued the same ruling:

1. It shall be unlawful to possess, transfer, or use an accessory

a. which attaches to a semiautomatic firearm to allow the firearm to be held securely which reciprocating forward and back with the purpose of using that motion to engage and disengage the trigger with no movement of the trigger finger.

b. which engages and operates the trigger of a firearm multiple times for each individual operation of the accessory; this includes, but is not limited to, trigger cranks or motorized gloves.

2. Accessories which do not result in multiple trigger operation per operation of the accessory are not prohibited. Non-prohibited accessories include, but are not limited to,

a. release triggers which allow a firearm to be fired when the trigger is released.

b. set triggers which allow the trigger to be partially pulled to reduce trigger weight for the final operation of the trigger

c. fire on pull and release triggers which operate with separate motions of the trigger finger.

d. replacement light weight triggers to improve accuracy of the firearm.

e. replacement recoil springs.

f. replacement mainsprings.

g. replacement light weight bolts or other reduced mass parts which lower the mass of the firearm.

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar.



Commenting Now Open: Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices.

As mentioned last week, the ATF has proposed a rule which would render bump-fire stocks, and trigger assist devices, “machineguns.”

The Zelman Partisans opposed this when legislation was introduced to do the same thing, and we opposed doing it via bureaucratic fiat.

Comments are now being accepted on “Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices.” You may submit comments online through the Federal eRulemaking Portal.

I have submitted my personal comments already. This what I sent.

Bureau of Alcohol, Tobacco, Firearms, and Explosives
Docket No. 2017R-22

I oppose classifying as machineguns “bump-fire” stocks or any other external device or accessory which does not alter the internal action of a firearm.

In effect, this proposed rule would make any firearm a machinegun if a well trained person can pull the trigger faster than your arbitrary threshold.


The rate of fire of a semiautomatic firearm is based in physics. Force is applied to the firing pin. That force and the pin’s mass determine its acceleration into the cartridge primer. The primer ignites at a given velocity for that cartridge; that in turn ignites the powder with its own ignition velocity. The bullet is propelled forward; force and mass again.

The force of the detonating powder also works to move the bolt backwards; the old “equal and opposite reaction.” How fast the bolt goes back is determined by its mass and the resistance of the spring behind it. When it has traveled all the way back, the spring applies force and pushes the mass forward once again.

The bolt is slowed as it strips the next round out of the magazine. Finally it moves the round’s mass into the chamber.

In a machine gun, the firing pin would continue forward starting the cycle over again. In a semiautomatic firearm, the pin does not go forward until the trigger (with its own mass and springs) returns to the ready position and is manually operated again. So semiautomatics have an inherently slower rate of fire than machine guns, all else being equal.

The only way to even approach the theoretical maximum rate of fire of most semiautomatics is to have a fast finger.

A machinegun is designed to fire multiple rounds per trigger operation. Bump-fire stocks in no way affect that operation/rounds relationship. If you put a bump-fire stock on a semiautomatic rifle, you still individually operate the trigger for each round fired. Bump-fire stocks do not make the weapon fire faster. The theoretical rate of fire of the rifle is determined by the physics of the internal parts, as described above.

To fire a rifle with reasonable expectation that the round will hit the target, you normally hold the rifle firmly with both hands, and pull it against your shoulder. This provides a stable shooting stance.

A rifle has recoil. When fired, it pushes against your shoulder.

But let’s trying hold that rifle a little differently. With your off hand (the hand you don’t use to pull the trigger) grip the rifle. Your trigger hand does not grip the rifle. Nor do you pull the rifle butt snug against your shoulder. It isn’t a stable stance, and accuracy will suffer.

When your rifle is on target, extend your trigger finger into the guard. Now, with your off hand grip, push the rifle forward until your trigger finger pulls the trigger.

The rifle fires. Recoil pushes the rifle back so your finger disengages the trigger. Your rifle-gripping off hand acts like a spring and pulls the rifle forward again. If your shooting finger was held steady, the trigger is pushed against the finger again, firing.

The bump-fire stock is simply a device that can be pulled snugly to the shoulder, and provides a grip to help keep the trigger finger in position. The rifle proper just recoils back in a channel into the stock. It is training wheels for folks who have trouble bump-firing. And since it’s a bit more stable, it helps with accuracy compared to normal bump-fire. However, accuracy even with the stock is poor compared to conventional stance with conventional stock.

Considering bump-fire stocks, and other accessories, to be machineguns would not simply regulate a physical device. It effectively outlaws the bump-fire TECHNIQUE, and even pulling the trigger faster than some arbitrary threshold.


The fix is in: proposed rulemaking on bump-fire

The ATF has posted a PDF document which will officially be published December 26, 2017. It solicits comments on proposed rules on the “Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices.”

The document makes it clear that bump-fire stocks (and other devices) will be classified as machineguns under the NFA definition. It is troublesome in other ways, as well.

“‘Bump fire’ stocks (bump stocks) are devices used with a semiautomatic firearm to increase the firearm’s cyclic firing rate to mimic nearly continuous automatic fire.”

They absolutely in no way affect the firearm’s cyclic firing rate; it’s impossible:

The rate of fire of a semiautomatic firearm is based in physics. Force is applied to the firing pin. That force and the pin’s mass determine it’s acceleration into the cartridge primer. The primer ignites at a given velocity for that cartridge; that in turn ignites the powder with its own ignition velocity. The bullet is propelled forward; force and mass again.

The force of the detonating powder also works to move the bolt backwards; the old “equal and opposite reaction.” How fast the bolt goes back is determined by its mass and the resistance of the spring behind it. When it has traveled all the way back, the spring applies force and pushes the mass forward once again.

The bolt is slowed as it strips the next round out of the magazine. Finally it moves the round’s mass into the chamber.

In a machine gun, the firing pin would continue forward starting the cycle over again. In a semiautomatic firearm, the pin does not go forward until the trigger (with its own mass and springs) returns to the ready position and is manually operated again. So semiautomatics have an inherently slower rate of fire than machine guns, all else being equal.

The only way to even approach the theoretical maximum rate of fire of most semiautomatics is to have a fast finger.

Instead of looking at mechanical function, and simple physics, in this document the ATF has adopted the media and gun controller definition of “if it’s fast, it must be a machinegun.” The intent is preordained regardless of comments.

As I have explained, bump-fire stocks are training wheels, and no more make a semiautomatic rifle work as a machinegun than training wheels turn your child’s bike into a high performance racing machine.

Next, we have another problem.

“On October 1, 2017, 58 people were killed and several hundred were wounded in Las Vegas, Nevada, by a shooter firing one or more AR-type rifles affixed with a particular bump stock device.”

How does Deputy Director Thomas E. Brandon know that? Is he privy to data from the investigation which has not been released to the public? Or is he assuming the media claims (not investigator statements) to that effect are true?

In no news story I can find is there a statement from authorities of what weapons were used. We were told that there were 23 weapons in the asshole’s suite, that some were AR pattern semiautomatic rifles, that at least one was an AK pattern semiautomatic rifle, that weapons were chambered in 5.56/.223 and .308, and that at least one rifle in addition was fully automatic. But not which were actually used.

If the bump-fire stocked rifles were used, as this document states, why won’t investigators say so? If it was being kept confidential for legitimate investigative purposes, why release the data in this very public document?

A law enforcement source has said that the shooter left behind a note with ballistic calculations “pertaining to the distance and trajectory from his 32nd-floor window to the crowd of concertgoers he targeted below.” Such calculations are pointless for inherently inaccurate bump-fired rifles: “What’s the point of careful calculations of the most accurate way to aim a firehose? An automatic rifle in most people’s hands wouldn’t be much better.” This suggests that the plan was certainly to use something other than bump-fire.*

In preparing for new bump-fire stock rules, the ATF starts with the unsupported claims that such were used in Las Vegas, that they magically change the physics of a firearm’s internal action, and operating the trigger rapidly makes them work like machineguns. So does your well-trained finger.

The fix is in.

* It also raises questions on the need for precise ballistics calculations when we’re told the “target” was simply 22,000 random people crowded into an area the size of multiple football fields, and why he stopped shooting.

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar.




Tolerance-According to Merriam-Webster:

1 :capacity to endure pain or hardship :endurance, fortitude, stamina

2 a :sympathy or indulgence for beliefs or practices differing from or conflicting with one’s own

b :the act of allowing something :toleration

3 :the allowable deviation from a standard; especially :the range of variation permitted in maintaining a specified dimension in machining a piece

4 a (1) :the capacity of the body to endure or become less responsive to a substance (such as a drug) or a physiological insult especially with repeated use or exposure developed a tolerance to painkillers ; also :the immunological state marked by unresponsiveness to a specific antigen

(2) :relative capacity of an organism to grow or thrive when subjected to an unfavorable environmental factor

b :the maximum amount of a pesticide residue that may lawfully remain on or in food

Ok, that last one kind of made my eyebrows go up a bit.

There’s tolerances involved in all sorts of things. Sewing, you can be off by like a ¼ of an inch sometimes, gapping spark plugs, there is a set gap, it can be off a little, reloading bullets, ok, so I don’t actually know how to do this, but I’m guessing there is a tiny bit of play. But a lot of things involve a certain amount of give. There is tolerance in how long my horses will stand to have cockleburrs picked out of their manes and tails, this can be influenced with horse cookies, so things can have an effect on the amount of tolerance given or acceptable. There is tolerance in activity, running, reading, tail brushing, for example. Today I was listening to a radio show in the morning. They were talking about the NFL, the national losers and their behavior. The caller thought that since the left seems to be determined to destroy anything in this country with the least bit of masculinity to it, maybe people should just wait for the kneeing phase to blow over as if they were a bunch of spoiled 3 year olds acting out….which, well. Yeah. But the host made his point, the NFL, as a manly sport is gone. The owners by not keeping things professional have allowed it to basically die as the beloved American sport where kids could look up to the felon players. And that the previous things known as “football fans” tended to be pro-America, pro-Military, pro-Law enforcement and they are tired of antifa, tired of rioting, tired of being told to just ride it out, it will get better because it isn’t and this anti-American unprofessional crap is getting on their very last nerve and they are tired of being “tolerant” and fighting by Marquess of Queensberry rules and losing because the left never does fight by the rules, anyone’s. The right has tried to be the grown-ups and be tolerant of other lifestyle choices, beliefs and everything else and they’ve had it. Yep, I hear that.

Then driving home tonight, I was listening to Joe Pags, I like him. He was talking about the security guard from the Mandalay Bay. Actually he was probably more like a parking valet because he was unarmed. An unarmed “security guard”. Huh. Nope, a parking valet that doubles as a walk around bell boy, or regular valet. After the “incident” a few pictures of Jesus Campos made it onto the internet, the heroic security guard. And then he went missing. He was suppose to be on Sean Hannity, and had some other interviews lined up. And he supposedly went to a walk in clinic and then more or less vanished after having canceled all his interviews. Huh. He has since reappeared on The Ellen DeGeneres show. Huh. Well, I suppose it’s a logical choice. Ellen is known for her hard hitting, in depth investigative journalism. Oops, sorry, no, I was thinking of Sharyl Attkisson. So in addition to the baffling choice of venues for his one and only interview, it appears Jesus has been doing some stress eating. So the things Joe was pointing out were pretty interesting. After Jesus went missing, a reporter, Laura Loomer decided after finding that Jesus’s name had been scrubbed from the Mandalay employee list to pay a visit to his house. Which is being guarded by an armed guard working for a security company with a “virtual” address and a business license that expired in January of this year. Huh. Something else Joe pointed out, from the pictures of the guy that were posted on the net right after it happened it appears that Jesus has gained about 70 pounds, in two weeks. It seems that most of his answers on the Ellen show were very well rehearsed. No word if he was auditioning for Harvey Weinstein.

Now I’m a reasonably tolerant person, I think. In my job, I try hard to be nice and kind and helpful to my co-workers and to people I need to interact with. Really, I do. However, I have what is known as a low, and it’s getting lower all the dang time, B.S. tolerance. I will try very hard to be a team player, but, do.not.mess.with.me. It makes me cranky.

And as I’m listening to Joe, and thinking we’re on like the 3rd or 4th timeline now of how and when things happened, the B.S.-O-Meter pegged out.








You have a lot of people that were killed, more wounded, theories abounding, immediate calls for more restrictions on the Second Amendment, cases made for gun confiscation, faux Second Amendment groups joining in the chorus for infringement like a bunch of demented Stockholm syndrome victims and the actual knowledge of what really happened and what this was really about is pretty dang thin. I mean, these fools want to bring our country to a point where only the government has guns, or at least regular American Citizens are only allowed a registered .22 single shot if they can prove need, keep it locked up and can only buy one box of registered ammunition every other month.








So I thought a short walk down memory lane might be in order. In Chronological order.

Wounded Knee-December 29, 1890.

Republican President Benjamin Harrison

December 28, 1890 a detachment of the U.S. 7th Cavalry Regiment commanded by Major Samuel M. Whitside intercepted Spotted Elk’s band of Miniconjou Lakota and 38 Hunkpapa Lakota near Porcupine Butte and escorted them 5 miles westward to Wounded Knee Creek, where they made camp. The remainder of the 7th Cavalry Regiment, led by Colonel James W. Forsyth, arrived and surrounded the encampment. The regiment was supported by a battery of four Hotchkiss mountain guns.

On the morning of December 29, the U.S. Cavalry troops went into the camp to disarm the Lakota. One version of events claims that during the process of disarming the Lakota, a deaf tribesman named Black Coyote was reluctant to give up his rifle, claiming he had paid a lot for it. Simultaneously, an old man was performing a ritual called the Ghost Dance. Black Coyote’s rifle went off at that point, and the U.S. army began shooting at the Native Americans. The disarmed Lakota warriors did their best to fight back.

Wounded Knee, the aftermath





But this is far from the only massacre of unarmed Indians by the government.

The US Army killed about 250 Shoshone during the Bear River Massacre in southeastern Idaho in 1863. As recently discussed in Smithsonian, “200 soldiers under Colonel Patrick Connor’s command killed 250 or more Shoshone, including at least ninety women, children, and infants. The Shoshone were shot, stabbed, and battered to death. Some were driven into the icy river to drown or freeze.”

In eastern Colorado in 1864, the Sand Creek Massacre occurred. There, US soldiers attacked peaceful, unarmed Cheyenne and Arapaho Indians “with carbines and cannon, killing at least 150 Indians, most of them women, children and the elderly. Before departing, the troops burned the village and mutilated the dead, carrying off body parts as trophies.”

In 1870, the US Army accidentally killed the “wrong” group of Indians, in the Baker or Marias Massacre. In north-central Montana, along the Marias River, Major Eugene Baker ordered his soldiers to attack a village of peaceful Blackfeet. When informed by a subordinate that this group was not the one the troops were looking for, Baker responded, “That makes no difference, one band or another of them; they are all Piegans [Blackfeet] and we will attack them.” About 175 unarmed Blackfeet were murdered, the great majority children and women.

I can’t find any photos of what the press said about the massacre at Wounded Knee, how they explained or presented it. I did however find a line in an editorial of the Aberdeen Saturday Pioneer,

“The Pioneer has before declared that our only safety depends upon the total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilizations, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth.”~~L. Frank Baum

L. Frank Baum was the author of The Wonderful Wizard of Oz. Wow, so along with yellow brick roads and flying monkeys L. Frank was totally cool with some genocide. But, at least as a member of the press, he covered the massacre fairly and explained why it was totally necessary. /ticked off sarcasm.

Ruby Ridge August 21, 1992. And from Wikipedia.

Demoncrat President Bill Clinton, Attorney General Janet Reno

So the Sheila synopsis of this is the government wanted Randy Weaver to do some informant work for them. He declined, they wanted him to do a bit of gunsmithing. He declined initially and finally gave in. Yeah, I’m leaving out tons, but there’s a link above. But the circumstances lead to a stand-off between the jackboots and the Weavers and a family friend. The brave ATF, US Marshals Service, and the FBI found it necessary to shoot an unarmed dog, a 14 year old boy in the back and an especially brave FBI HOSTAGE RESCUE TEAM sniper named Lon Horiuchi scored a major victory when he shot 43 year old Vicky Weaver in the head as she stood at the back door of the cabin holding her baby. I don’t think that the FBI has a good grasp on what HOSTAGE RESCUE means. Cause that sure as hell isn’t it. The Boundary County, Idaho, prosecutor indicted sniper Lon Horiuchi for manslaughter in 1997. Both the Weaver family and Harris brought civil suits against the government over the events of the firefight and siege, the Weavers winning a combined out-of-court settlement in August 1995 for $3.1 million, and Harris being awarded, after persistent appeals, a $380,000 settlement in September 2000.

And this is how the media reported what was happening at the time.

Ruby Ridge Press Reports
Ruby Ridge Press Reports
















Waco Texas, April 19, 1993 The Davidian Massacre

Demoncrat President Bill Clinton, Attorney General Janet Reno

If they wanted to arrest Koresh, why didn’t they just do it when he went into town every morning?

On February 28,1993 overly aggressive and highly militarized agents of BATF set out to put on a “big show” to increase their budgets and prestige by attacking the Branch Davidian religious group outside of Waco, Texas. Six months earlier, agents had spurned David Koresh’s attempts to cooperate with their investigation of his gun business by inviting them to see his guns. On February 28, when he came to the front door and tried to cooperate, reckless agents shot him and mortally wounded his father-in-law. Other agents started shooting from helicopters, killing four Davidians. Agents probably assassinated another Davidian who approached Mount Carmel later that day. And so began a 51 day standoff.

So apparently Clinton, Reno and Congress saw no need for a overhaul of how to handle, or not escalate situations in the year since Ruby Ridge.

Now we’ll just move up to more recent history.

Does anyone remember a couple years ago the country seemed to have a spate of outlaw ranchers that the DOJ, BLM and a host of federal alphabet soup felt the immediate need to bring to heel?

Bundy Ranch April 5, 2015

Demoncratic President Barry Sotero aka Barak Obama (so does anyone know, did he finally ever legally get his name changed? Yet?) Attorney General Eric “Gunwalker” Holder

We’ll start with Cliven Bundy. This is actually a good synopsis of the situation at the Bundy ranch in Nevada. The Real Story Behind The Bundy Ranch Harassment

The pared down version is a 67 year old cattle rancher in Nevada has been running cattle on the same land his family has for over a 100 or so years. He is actually the last rancher in Clarke county these days due to the “management” practices of the BLM. The BLM-g* demanded he cut his 900 head herd to 150 head. Well, I don’t suppose a obama headed BLM-g would have any better idea of business than anything else he had anything he touched. Besides, they had to save the desert tortoise. The same desert tortoise the BLM-g was killing. Of course, the BLM-g was also killing Bundy’s cattle. BUT NOT ON PURPOSE!! They screeched! No, they just separated the calves and cows and the calves starved to death. And they “might have had to put down a few of the cows” for humane purposes, no doubt. This time, as opposed to Ruby Ridge and Waco Texas, patriots have been getting a belly full of seeing the government obliterate their neighbors for some reason. And they showed up. And the BLM-g went after them as well. Although in most of the court cases the charges were thrown out.

So why did it happen? Well, short answer is Cliven Bundy and his family were not big Harry Reid donors. Read the above link, a big donor wants the land, and Harry got him made head of the BLM-g. Another possible use, but someone else wants the land.

People were attacked at this government siege,but no one died. A pregnant woman had attack dogs set on her, Ammon Bundy was tasered twice, many of the Bundy’s cattle were killed and stolen by the BLM-g, but no one died. First Amendment zones were set up, which were the only places citizens were allowed to film and were located far enough away no one could film what the BLM-g was doing. The Governor of Nevada was not happy about that, but well. And those attacks I mentioned? They occurred on public lands. The public was attacked on public lands by the BLM-g and their law-enforcement cronies. That being said, the local sheriff and his deputies refused to take part in attacking citizens or stealing cattle. But, no one died.

The Hammond Ranch January 4, 2016

Demoncratic President Sotero? Obama? Fluffernutter? Attorney General Loretta “Tarmac” Lynch

Well, this one just makes my head hurt. Basically the Hammonds like the Bundys, are the last Ranchers in the area. They own a chunk of land in the middle of an area where the BLM-g have managed to run out all the other ranchers. For those that don’t know this, it’s common to burn off a pasture from time to time. It gets rid of growth you don’t want and your crops or grass will come back better and stronger, with fewer weeds. It also keeps the undergrowth and trees burned off. So when something like a lightening strike hits you won’t have the massive fires like what we are seeing in California right now. And that’s partly why we’re seeing them in California. Because of “environmentalists” people aren’t allowing people to keep things burned off and clean, so when you get a fire, you get a doozey. So in the course of burning off some fields, the fire jumped onto BLM-g land that the Hammonds were leasing. This happened a couple of times, a total of 140 or so acres were affected. The 73 year old Dwight and his son Steven were sentenced under a terrorism act. I’ve read enough to know that the BLM-g have also set fires, including back burn like what the Hammonds set in one instance to try to stop a fire started from a lightening strike burning even more. And the BLM-g fire has gotten out of control and cause large amounts of damage and no charges were ever brought in those cases. A judge reduced their sentence from five years to a few months for both of them, stating he didn’t think the anti-terrorism statute they were sentenced under applied. They served their time. And then the government decided they hadn’t served enough, and so the case went back to the 9th Circuit and the 9th Circus judge said the Hammonds had to serve the whole thing. No BLM-g ever served time for causing far more damage.

People showed up to the party. The Malheuer Wildlife Refuge was taken over.

This is some good background on the area.

Full Story About What’s Going on In Oregon – “Militia” Take Over Malheur National Wildlife Refuge In Protest to Hammond Family Persecution…

Two members of Oregon’s Hammond family to serve time in prison after burning 140 acres of BLM land

But in this stand-off, someone did die. LaVoy Fincum. While the press often portrayed the protesters and wild eye lunatics, this article is a bit more sympathetic to Mr. Fincum. His death still raises many questions as some people feel he was basically shot in cold blood as he had his hands up.

This BLM-g seizure of ranch land is going on all around the country now. These grazing fees they talk about are not piddling little fees, and if the BLM-g wants your land, they raise them to unaffordable.

But the press does not side with the citizen if there is a Demoncrat President at the time. No word on how they would side if it were a Republican President in office.

There has also been speculation that there is uranium on the ranches and that the BLM-g wants to gain control of the mineral resources on the ranches. Here’s a hint, think about Mrs. Pantsuits. And since all the other ranchers have been run off from the surrounding ranches, the holdouts must go.

These are unelected government agencies that are ruining lives, and seizing control of valuable farming and ranch land. Where is the recourse?

And so now we have Las Vegas, a myriad of questions and few answers coming from the government. Many are dead, or wounded and the predictable full throated cries for more gun control, gun confiscation and no one even asks “And if there had been other assailants in the crowd you don’t think having some concealed carry holders in the audience would have saved lives?” Nope, just demands to take rights from people that have committed no crimes. And this little walk down memory lane is by no means exhaustive. How the media explained and portrayed it to the public seldom told what was really happening. So excuse me please if I choose to “cling” to my gun and my Tanakh/Bible a little bit closer right now….these sorts of situations tend to bring that out in me. Because right now?








*BLM-g is Bureau of Land Management as opposed to Black Lives Matter. Both are rouge organizations where pain and suffering at the set goals. But this column concerned the “government” version so BLM-g as opposed to BLM-a which is Black Lives Matter-“antifa” version.










[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:


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


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.


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?


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.


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.


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.


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.


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.


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.


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.