Tag Archives: machineguns

Giggling In Georgia

Georgia state Rep. Sandra Scott reportedly wants to ban Glock automatic weapon conversion devices.

State Rep. Sandra Scott, Dim-Rex, previously told The Center Square she plans to file several pieces of legislation, including a measure to prevent Glock owners from turning the guns into automatic weapons.

As of this writing, I do not see a Scott bill to ban the manufacture of automatic weapons. I have emailed Scott to see if she can provide advance text, or at least a bill number when filed.

Because — as the clued-in probably guessed — it sounds a bit redundant. After all, the National Firearms Act of 1934, as mended by the Firearm Owners Protection Act of 1986, already makes the manufacture of machine guns, by anyone other than an FFL who has paid the SOT, unlawful. And those machine guns aren’t generally transferable to us common, little people.

Georgia law, specifically § 16-11-122, makes possession of machine guns illegal. There are lawful exceptions in § 16-11-124; most notably if the firearm is properly registered under the aforementioned NFA.

True, Georgia law doesn’t seem to specifically ban the manufacture, but once to add the conversion device to the handgun, you’re in possession (see above paragraph).

For that matter, a conversion device is itself a “machinegun” as defined in 26 U.S. Code § 5845.

The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun

Possession of the device is possession of a machinegun under federal and state law. Just ask the folks the ATF has charged with felony possession of unregistered machinguns for giggle switches, lightning links, flat pieces of metal, and wall-hooks.

I strongly suspect that urban gangbangers putting giggle switches on their Glocks are not FFL/SOTs, nor did they register their giggle switches by the 1986 deadline for lawful possession (I don’t know how many Glocks were even in US non-government hands in ’86).

 

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More Illegaller In Georgia

Reports indicate that Georgia Dim-ocrats are planning some interesting gun control bills for the next session. I have questions.

Spoiler: Rep Sandra Scott is a Dim-ocrat, from the Atlanta area (District 76). Yes, you can expect stupidity.

Georgia Democrats Plan Gun Control Push in Legislature’s Next Session
Lawmakers plan to introduce bills similar to House bills 962 and 971, which did not advance during this year’s session and would require owners to report lost or stolen firearms and require firearm dealers to furnish gun locks in all retail firearm sales.

Right off, I see a problem. The previous HB 971 (also sponsored by Scott), which this new legislation would seemingly mirror, was rather more than a requirement that firearms dealer provide locks. It was a “secure storage” requirement for gun owners. I’ve noted that other attempts at “safe storage” (i.e.- useless for defense) laws have been fairly carefully written since Heller (2008), which tossed the requirement that firearms be “unloaded and disassembled or bound by a trigger lock.” The cleverer laws impose liability on a gun owner if an unauthorized person accesses and misuses a firearm. Scott’s 971 would have made “improper” storage a misdemeanor criminal offense whether or not a firearm is accessed, much less if it’s used.

This year’s Bruen ruling also comes into play with this unsafe storage requirement. In that case, the Supreme Court decided that gun control laws must be evaluated, not under intermediate scrutiny (“does it serve a perceived governmental need”) or strict scrutiny (“does it even work”), but under a general historical tradition test that begins with a presumption that Second Amendment rights must be protected.

How exactly does Scott justify so-called “secure storage” of firearms and mandatory reporting of lost or stolen firearms with BRUEN? A few quick searches don’t reveal any general historical tradition of requiring that firearms be stored in an unusable state.

From there, Scott descends into sheer stupidity, or lunacy; you decide.

State Rep. Sandra Scott, D-Rex, said lawmakers are also eying legislation that would prevent Glock owners from turning the guns into automatic weapons.

26 U.S. Code § 5861(a) and 18 U.S. Code § 922(a)(4)make it a felony for any unlicensed person to manufacture (or convert) a machinegun. The Firearms Owners Protection Act of 1986 prohibited virtually all manufacture or transfer of mew machineguns. Georgia Code § 16-11-122 and § 16-11-123 likewise already ban possession of machineguns not federally licensed and taxed. Thus, it is, and has been for decades, unlawful for Glock, or any other firearm, owners to covert their firearms into machineguns.

What is the purpose of a new, redundant law outlawing that which is already outlawed, eh, Scott?

She did know this, right? Perhaps her proposed bill will address the issue of criminals who are already ignoring Georgia and federal law.

Ready for more legislative dumbassery?

“We really need to be trying to come up with a way that will restrict kids from being able to go in and purchase weapons…”

“Go in and purchase” suggests that she is speaking of “kids” (minors) purchasing firearms in gun stores. Raise your hands if you see the issue here.

18 U.S. Code § 922 makes it unlawful, a felony, for those under 18 to purchase a firearm from a licensed dealer (and makes it a crime for a dealer to make such a sale). How did Scott miss that? It isn’t something new.

Georgia Code § 16-11-132 makes it unlawful for minor to even possess handguns, with certain exceptions for specified sporting activities under supervision, another long standing restriction that seems to have escaped the Dim-wit’s notice.

I brought these issues to Rep. Scott’s attention. To her credit, and unlike most pols, she actually replied.

Thanks for the information. I will have the legislation reviewed because I am concerned..

It seems to me that the proper time to “review” proposed legislation is before it’s filed or publicly announced, not after people publicly ridicule her ignorance. So forgive me if I think she’s more “concerned” with being outed as a fool (too late!), rather than constitutionality and redundancy.

Sadly, Scott appears to be running unopposed in her solidly Dim district; so there’s no opponent to tip off as to her legislative incompetence.

 

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Deconstructing Machinegun Shootings

In October 2019, a very interesting paper was published regarding mass public shootings in the United States.

DECONSTRUCTING MASS PUBLIC SHOOTINGS
When it comes to mass shootings, the United States is tragically in a class of its own. There are more mass public shootings in the US than in any other country in the world. By some estimates the United States has experienced 318 mass public shootings between 1966 and 2017.

It appears to be a scholarly attempt to rationalize more gun people control. Without a whole lot of interest, I idly skimmed over it, thinking maybe I’d do a full-scale fisking.

Then this virtually leapt off the page and grabbed me by the eyeballs.

Handguns are the weapon of choice in mass public shootings. At least one handgun was used in 75 percent of mass public shootings. Handguns are followed by semiautomatic rifles (24%), shotguns (21%) and automatic or “assault” rifles (10%). In addition to firearms, 15 percent of perpetrators obtained non-firearm weapons such as Improvised Explosive Devises (IEDs), knives, and blunt objects, among others.

This isn’t the commonly seen “assault weapon” misnomer. Authors Joel A. Capellan and Allan Y. Jiao differentiate between semiautomatic and automatic weapons. They claim to have found that 10% of 318 mass public shootings were committed with automatic weapons: 31 to 32 shootings depending on how they rounded off the decimal place.

I found that number astonishing. At that time, I had documented fewer than five criminals uses of machineguns as defined in 26 U.S. Code § 5845(b) since passage of the National Firearms Act of 1934. And none of those uses were mass public shootings as defined by Capellan and Jiao (“the killing of four or more individuals in one or more closely related locations within a 24-hour period”).

Currently, I have confirmed six criminal uses, three unconfirmed possibles, and I found numerous undocumented anecdotal references to 1980s Miami shootings. And still none were mass shootings.

In hopes of updating my machinegun information, I asked the authors for their source data for the “automatic or “assault” rifle” shootings. After two and a half weeks of reaching out to the Rockefeller Institute of Government, Rowan University, and the authors, lead author Capellan finally responded and promised to have the data sent to me.

That was five weeks ago. The data was never sent, and Capellan does not answer emails. Thus, I do not know what the alleged incidents were; when, where, who, nor the actual type of weapon.

I can, however, speculate; and I shall.

My first thought was that they encountered news accounts of weapons reported as “MAC-10,” “AR-15,” or “AK-47” and mistook them for automatic weapons. If such were the case, a review of their data would have revealed it, and I could quietly inform the authors so that they could quite professionally retract and revise their paper.

But the time-frame — 1966-2017 — they use is interesting, as is the number of shootings found.

Their first footnote is “Public Mass Shooters and Firearms: A Cross-National Study of 171 Countries,” Lankford, 2016“, which also found mass shootings starting in 1966, and up to 2012. Lankford found 292.

I suspect Capellan and Jiao used Lankford’s list, and updated for US shootings up to 2017. I see that as a possibility because Lankford’s 292 mass shootings over a 46 year period is an average of 6.35 shootings per year. Adding in the extra five years, at the same rate, of Capellan’s and Jiao’s study period would be 323.7 shootings; that is a bare few more than the number they have: 318.

If they did so, that’s a rather large problem. Lankford’s debunked list of 292 shootings was worldwide, not just the US. Only 91 of Lankford’s shootings were in the US.

They do cite Lankford for their numbers; but if they only used his 91 US shootings, then they also found 227 mass shootings in the next five years; an average of 45.4 per year. Time Magazine found a small fraction of that for the 2013-2017 period: 33 total; and average of 6.6 per year (note the similarity to Lankford’s 6.35 average). That includes shootings which would be excluded by the Capellan/Jiao definition, which yields a total of 21, averaging 4.2 per year.

Without being able to see the Capellan/Jiao data, it very much seems as though they mistakenly used Lankford’s complete worldwide shooting list.

If this is the case, it could also explain how they might have found actual machinegun shootings; Lankford’s data includes shootings committed by foreign military personnel, an example being the Rwandan soldier who went on a rampage, killing 14 people and wounding another 19. But you might expect the authors to notice that was in Rwanda and not the United States.

Perhaps someday Capellan will provide the promised data and I will know for sure. Perhaps it prove accurate, and my knowledge (and list) will be expanded.

While this is not a complete deconstruction of the paper, I think one more thing about the mass shooting weapons is notable.

Handguns are the weapon of choice in mass public shootings. At least one handgun was used in 75 percent of mass public shootings. Handguns are followed by semiautomatic rifles (24%), shotguns (21%) and automatic or “assault” rifles (10%)

Handguns, semiautomatic rifles, shotguns, and assault rifles. But what of other rifles, such as the bolt-action Remington 700 ADL used by the 1966 University of Texas tower shooter? Or the 1974 Olean High School shooting? The 2006 West Nickel Mines School shooting with a Ruger M77 bolt-action? And the Skagit County shooting spree; Winchester lever-action rifle?

Capellan/Jiao took the time to note the use of non-firearm weapons, but omitted bolt and lever guns?

In truth, while I was primarily hoping to see the machinegun list, I really think all of their data needs to be vetted.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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Just A Little Machinegun Crime List

Update: There is now a more complete list in our Resources section, Machineguns Used In Crime, Post-NFA.


I’ve collected a list of confirmed criminal uses of NFA machineguns used in crimes since the passage of the National Firearms Act of 1934. These are confirmed:

  • 10/2017, “MAC-10 machine pistol”: Perp assaulted his girlfriend.
  • 9/15/1988, MAC-11: police officer murdered an informant, with a lawfully owned and registered machinegun.
  • 2/28/1997, 2 unlawfully converted Norinco Type 56 S-1s: North Hollywood Shootout.
    Two bank robbers with illegally converted AK-variants.
  • 1/11/2018, carjacking with machinegun: DOJ: “[Chumbucket], 20, was sentenced to 30 years in federal prison after he was previously convicted of carjacking, using, carrying, and brandishing a machinegun during and in relation to a crime of violence, unlawful possession of a machinegun, and possession of an unregistered machinegun.”It appears to have been an illegally modified AR-15, from news reports.

Unconfirmed Reports:

  • 10/20/2019, AK-47: The Philadelphia Police Police Department has been telling the media that an “automatic rifle” (or “assault rifle” or “AK-47”) was used on 10/20/2019 to kill a little girl. PPD refuses to confirm how they determined it was a machinegun, and the ATF does not appear to be involved in the case. I have hit the PPD with a formal FOIA request for confirmation on 11/25/2019.
  • 9/14/1992, .380-caliber machine gun: This pops up in searches as a machinegun use, but the report of his conviction makes no mention of federal firearm charges. Other sources dispute the machinegun claim.
  • 1966-2017, 10% of 318 mass public shootings involved automatic or “assault” rifles: The researchers make the claim but do not share their source data. The lead author has promised to send me the “machinegun” list, but has not done so. I find the claim to be extremely dubious. I suspect he has used the wrong data from an equally dubious earlier Lankford paper.

Lawful use of a machinegun:

If readers have other confirmed criminal uses of real machineguns, please share in comments, with sources please.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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[UPDATE] If you’re shopping for a gun law attorney, keep looking.

See update below.


If this lawyer lost any gun cases, his clients may have grounds for appeal due to ineffective counsel. I just hope he didn’t convince a client to cop a plea to unlawful possession of paper weights.

It started with this news report.

Indiana teen built ‘ghost gun’ from online parts
In February a 17-year-old boy in Evansville, Indiana, went onto the website of Columbia-based firearms manufacturer MidwayUSA and spent $235.37 on parts making up 80 percent of a Glock 17 pistol.

It’s the usual Ooooh! Scary ghost guns BS. Pretty clearly the reporter doesn’t know the difference between an unfinished 80% receiver and a finished-but-unequipped one.It didn’t help that he went to Columbia, MO attorney Stephen Wyse for info.

Under federal law, long-gun unfinished receivers are classified as firearms, said Columbia attorney Steve Wyse. Handgun unfinished receivers are not classified as firearms under federal law, Wyse said.

That’s bad enough, but when I took to Twitter to point out the error things only got worse. Wyse replied.

I actually said that unfinished receivers to machine guns are considered firearms under federal law. The feds consider an AR-15 to be a machine gun

AR-15s are semiautomatic, not machineguns, unless unlawfully modified. And whether intended for a machinegun or not, an unfinished (80% or less) receiver is not considered a firearm; it’s a receiver-shaped paperweight. Compare the two:

An 80% lower.

A paper weight until it’s further milled. It could be milled to be an AR lower, or — assuming you’re properly licensed and doing it for mil/police, and not for civilian use (thanks, VNRA — it could be milled to take an M-16 trigger group. For now, it’s an inert chunk of metal.

A finished AR lower.

This, being by ruling of the ATF is a firearm. Note the lawfully required markings, including serial number.

But Wyse had to double down on the AR-15 = machinegun line.

The federal govt. defines a AR-15 receiver as a “machine gun”. Not my definition and not within my power to change

He’s l… being less than truthful, or he doesn’t understand the difference between an AR-15 (semiautomatic firearm) and the the M-16/M-4 family of assault rifles (select-fire). According to his bio, he’s a Democrat, so it could go either way. Ditto for his possible… confusion over 80% and finished lowers.

It’s a shame reporter Philip Joens didn’t go to an “expert” who actually knows what he’s talking about and/or is honest.

I hope Wyse hasn’t convinced a client to cop a plea for possession of an AR-15 semiauto “machinegun” or 80% lower. As I started, such a client would certainly seem to have grounds for appeal, and should get an opinion from a knowledgeable attorney.

Update, 5/29/2019, 5PM: Mr. Wyse has anticipated the “semi-auto problem” about which The Zelman Partisans have been warning since October 5, 2017. Wyse argues that bump-fire stocks make semiautomatic rifles “easily convertible” to machineguns under the recent BSTD rule.

While the bump-stock-type device rule was finalized (and is being challenged in federal courts), there has been no ruling actually establishing the “semi-auto = machinegun” equivalency. I don’t see any Advance Notice of Proposed Rule-making or NPRM for such a rule.

Yet.

[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]

 

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