Quote from stymie on 07/17/09 at 23:59:57:Granted the weapon tested was an SKS & a broken firearm (one that cannot produce more than one round of firing from a single manipulation of the trigger) is likely to produce an "invalid" conclusion as to whether or not the combination of the device + SKS = MG. However, in those letters, Tech Branch understood the "operation" nonetheless & still granted "permission" to distribute w/o a post '86 classification. Unfortunately, semantics can often come into play & the definition of what actually constitutes the "trigger" becomes the issue. What should have happened is this: Akins submits a working Ruger 10/22 + AA for the determination. Agreed? In any event, "rulings" are only valid for the entity requesting said ruling, but often become the law of the land as a set precedent. This empowers BATFE to effectively turn opinion into enforceable action for other parties not directly involved, but having a situation of a similar nature.
I agree that Akins should have submitted a working 10/22 stock assembly for testing. But he didn't. And despite what he claims, ATF never granted approval. Read them for yourself:
http://www.majhost.com/gallery/WesJanson/ATF/batfetech1p1.gif http://www.majhost.com/gallery/WesJanson/ATF/batfetech1p2.gif http://www.majhost.com/gallery/WesJanson/ATF/batfetech2p1.gif http://www.majhost.com/gallery/WesJanson/ATF/batfetech2p2.gif In the first letter, ATF never comments on the design. They reiterate how it works, they state what the law says, and then they say that the thing broke and didn't fire full-auto. The second letter is where it gets trickier, and where Akins simply read what he wanted in their response.
If you're accustomed to dealing with the ATF, and lawyers in general, then it's glaringly obvious what ATF did in the second letter. Rather than rule on a
principle of operation, they chose to avoid making a decision by stating in as many words "This isn't a machinegun so long as it isn't a machinegun." ATF technical letters are not written in plain English, they're written in lawyerese, which requires a certain degree of translation to fully appreciate and understand. The bottom paragraph of the first page of the second letter actually states in italics the key, crucial point that Akins overlooked: their ruling wasn't a determination of universal principle, but a finding of a particular object at a particular time.
This is why prudent individuals hire lawyers, to deal with the government (and other people's) lawyers. And when non-prudent individuals decide that they don't need to pay a lawyer for something like that, they wind up losing their money or their freedom.
Quote:It's fairly obvious to me, at least, that our RIGHT to own firearms & ammunition is under attack by the Obama Administration. When Obama said that he wasn't after our guns, how many folks actually believed that rubbish? Can you say: PANIC BUYING? AMMO SHORTAGES?
And yet, so far Obama has done less to harm our gun rights (probably done more to advance them truth be told, considering the National Parks Carry issue) than George Bush Senior did. People weren't running around screaming their heads off when Bush Senior was in office, but yet Obama is the coming of the apocalypse and all is lost. Ammo shortages are the result of panic buying, which itself is the result of market speculation. The market speculated that gun control was imminent, and thus far it seems clear that the public guessed wrong. Hence why the bottom is dropping out of the market now.
Quote:
With the "Ammo Accountability Act" on the horizon mandating the destruction of ALL stockpiles of non-encoded ammunition & the reintroduction of bills outlawing COP KILLER BULLETS, you'd have to have your head buried in the sand not to grasp what is happening behind the scenes. Virtually all centerfire rifle ammunition has the potential to penetrate a typical "ballistic vest"; armor piercing not withstanding.
The ammo accountability thing has been hashed to death forever, and it's effectively dead. It isn't happening. Maybe years down the road things may change, but it's simply not a threat right now. There hasn't been a credible gun control bill introduced into Congress in years.