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Link Posted: 5/13/2022 11:03:59 AM EDT
[#1]
when do they start putting people in jail for owning a shotgun and a hack saw and keeping them in the same house?

asking for a friend.
Link Posted: 5/13/2022 1:14:22 PM EDT
[#2]
If every ATFag that went to deliver these "orders" got [coc] the second they set foot in the business's doorway, this would stop.
Link Posted: 5/13/2022 1:40:47 PM EDT
[#3]
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Quoted:



This. They know they don't got shit and are trying to frighten people into compliance and thus establish "quasi-case law"; i.e. if someone challenges them in court; they can point to compliance by small fish by JSD tactical etc as "proof" that selling 80%s is dealing in firearms as a rationale to a judge.
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Quoted:
Quoted:
FAFT ain’t got a case against them

If they did there wouldn’t be a cease and desist letter

They’d have confiscated everything and arrested folks




This. They know they don't got shit and are trying to frighten people into compliance and thus establish "quasi-case law"; i.e. if someone challenges them in court; they can point to compliance by small fish by JSD tactical etc as "proof" that selling 80%s is dealing in firearms as a rationale to a judge.


And the same language in that letter will be used at all ffl's in a few months, just altered slightly...

"In light of the recent rule change and the newly adapted definition of 'readily', all semi-autos are hereby classified as machine guns, as they can 'readily be converted to a machine gun' in 'up to 8 hours in a fully stocked and operational machine shop' and therefore are considered machine guns, subject to the laws and regulations of the NFA, GCA and Hughes Amendment.  These firearms are now contraband."

These two rule changes (2021R-05 and 2021R-08) must be cancelled, and if not, must be halted with an injunction.  They have zero legal authority to do ANY of this.
Link Posted: 5/13/2022 1:53:28 PM EDT
[#4]
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Quoted:
So selling all the components needed to assemble a firearm from an 80% lower is illegal? Hmm. Okay then: "click this link to order half the required items. You will receive an email tomorrow with a link to click on to order the other half"
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That’s a structured sale as described in the letter.
Link Posted: 5/13/2022 2:00:28 PM EDT
[#5]
They are trying to say the mere possession of a thing is a crime, not for what that thing currently is, but for what it may become!  Because it has the potential to be machined and updated or changed!

... and the possession of tools, jigs or instructions, or even knowledge itself when combined with a perfectly legal chunk of metal with no moving parts suddenly becomes a crime, well if you're not allowed to have it because you're a felon, or if you try to sell it.

Sure, whatevs
Link Posted: 5/13/2022 2:17:53 PM EDT
[#6]
So they can sell everything but one part basically.

Link Posted: 5/13/2022 2:20:29 PM EDT
[#7]
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Quoted:



Side note, I've never been interested in the 80% game... until FAFT didn't want me to have any.
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Yup.  Same here.
Link Posted: 5/13/2022 2:20:31 PM EDT
[#8]
AFT agents have the equipment to be pedophiles. They are readily convertible. Constructive intent. Lock them all up.
Link Posted: 5/20/2022 4:36:23 AM EDT
[#10]


Great case.

ATF has explicitly recognized, and expressly sanctioned, the unregulated sale of every single product that JSD Supply offers for sale.
24. Additionally, in the past ATF has expressly approved the sale of combinations of these items, in whatever form or permutation – a conclusion that is hardly surprising, as each the components individually are unregulated by federal law. In other words, ATF’s own guidance confirms that the agency is without any statutory authority to regulate any of the products sold by Plaintiff.


Fuck the f squad.
Link Posted: 5/20/2022 4:41:33 AM EDT
[#11]
WTF
Link Posted: 5/20/2022 4:49:48 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They are trying to say the mere possession of a thing is a crime, not for what that thing currently is, but for what it may become!  Because it has the potential to be machined and updated or changed!

... and the possession of tools, jigs or instructions, or even knowledge itself when combined with a perfectly legal chunk of metal with no moving parts suddenly becomes a crime, well if you're not allowed to have it because you're a felon, or if you try to sell it.

Sure, whatevs
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So is possessing a car and a bottle of whiskey grounds for DUI ?

Link Posted: 5/20/2022 4:53:16 AM EDT
[#13]
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Quoted:
There must be some new law. Hmmm I do not recall seeing one.
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An email went out to licensees this week saying there was some June webinar where they are going to mansplain what receivers are now.
Link Posted: 5/20/2022 5:18:13 AM EDT
[#14]
I would give the inventory away before it's taken.


It said nothing about giving away, only selling....
Link Posted: 5/20/2022 6:23:14 AM EDT
[#15]
All 80% shops and affiliates should put together their own lobby to fight this bullshit. Won’t come close to the money the .gov steals from us to fight them with but would help.

Sort of like the NRA but not useless.
Link Posted: 5/20/2022 7:59:18 AM EDT
[#16]
It would be a same if their hard drive crashed and they lost all their customers records.
Just like the IRS and the Clintons.
Things happen.
Link Posted: 5/20/2022 8:05:12 AM EDT
[#17]
We would like you to cease and desist doing what’s perfectly legal because we said so…
Link Posted: 5/20/2022 8:18:30 AM EDT
[#18]
Link Posted: 5/20/2022 8:20:36 AM EDT
[#19]
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I should stop by and see if they are still alive.  Lol
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Lets do a night recon. Maybe we will see the feds before they see us
Link Posted: 5/20/2022 8:30:51 AM EDT
[#20]
I would like to see a ATF agent make a firearm with what is in the kit's. Set him down at a bench with the kit and nothing else and lets see how long it takes.
Link Posted: 5/20/2022 8:35:23 AM EDT
[#21]
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Quoted:


That’s a really well done complaint. I wonder if they are going to file a temporary restraining order shortly this morning.  
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Link Posted: 5/20/2022 8:38:40 AM EDT
[#22]
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Quoted:
All 80% shops and affiliates should put together their own lobby to fight this bullshit. Won’t come close to the money the .gov steals from us to fight them with but would help.

Sort of like the NRA but not useless.
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Ain't it sad where the citizens have to fight the government for their civil rights that are in black-and-white in the US Constitution?

Seems to me the government isn't playing by the rules any longer.
Link Posted: 5/20/2022 8:42:27 AM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
For fuck's sake.
ATF: "You must follow our rules."
Business owners/gun owners: "Okay."
ATF: "You're in violation for following our rules."
Business owners/gun owners: "What?"
ATF: "Oh, we changed our mind about our rules."
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Worst part is it completely changes depending on the political party in power.
It's all completely political and capricious. We have no rule of law left in this country.

Link Posted: 5/20/2022 9:10:56 AM EDT
[#24]
Link Posted: 5/20/2022 9:17:49 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History


Good!

The ATF has been nice enough to step on their dick a lot lately. Too many opportunities pass by and it's good to see more businesses going the lawfare route.
Link Posted: 5/20/2022 9:58:34 AM EDT
[#26]
People should read the lawsuit.  Pure gold smack down with all the receipts, pointing out the lies, obvious contradictions in behavior and words, lack of statutory authority, etc.

BATFE raided/visited  polymer80 and brownells and treated each differently than JSD, with no C & D, holding each company to a vastly different standard, and going after different parts/kits.

Read it, it will brighten your day.
Link Posted: 5/20/2022 10:01:12 AM EDT
[#27]
Tell me again why rules trump laws and rights?
Link Posted: 5/20/2022 10:13:02 AM EDT
[#28]
13 ATF has never used the concept of “readily” from Section 921(a)(3)(A) and the amount of time needed to finish an item into a firearm, when it comes to classifying unfinished 80% receivers. Rather, historically, ATF’s classification letters for unfinished GCA firearms have focused on the completeness of the product – the specific milling operations that have been performed, as compared to milling operations that have not been performed. See Exhibit “17” (“If you plan to sell a solid bar having the exterior profile of an MP40 submachinegun receiver and having no internal machining, the item would not be a firearm.”); Exhibit “18” (“the interior cavity has not been completely machined”); Exhibit “19” (“block of metal ... and (2) holes ... must be drilled out ... the magazine opening and the receiver cavity are completely machined out....”). Even ATF’s current existing website says that certain 80% receivers are not firearms because “the fire-control cavity area is completely solid and un-machined have not reached the ‘stage of manufacture’ which would result in the classification of a firearm according to the GCA.” See https://www.atf.gov/firearms/qa/are-%E2%80%9C80%E2%80%9D-or- %E2%80%9Cunfinished%E2%80%9D-receivers-illegal (using pictures to demonstrate what is not considered a “firearm” and at what stage it becomes a “firearm”). In other words, ATF’s examinations of 80% receivers focused on subsection (B) of Section 921(a)(3) – whether an item is or is not “the frame or receiver of any such weapon” – rather than on subsection (A) – whether an 80% receiver or related parts kit “may readily be converted to expel a projectile.” ATF’s C&D Order to Plaintiff, and actions in the upcoming Final Rule 2021R-05F, thus represent a dramatic change in longstanding agency policy, without acknowledging the shift, much less providing a reasoned explanation for it.

That damn "readily" and the f squad's illegal redefining of its statutory meaning is going to be abused by them again and again.  They will use it to go after AR's and every semi-auto rifle and pistol in time, claiming they can "readily" be converted to machine guns and thus are machine guns.  Considering their newly approved definition is an entire 8hr day in a fully equipped machine shop... you could manufacture a block of billet steel into one in that time.
Link Posted: 5/20/2022 11:16:57 AM EDT
[#29]
Link Posted: 5/20/2022 11:19:50 AM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


That’s a really well done complaint. I wonder if they are going to file a temporary restraining order shortly this morning.  
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Do they need to do that separately?  It looks like that is requested on page 43 of the filing, along with a preliminary injunction, declarative judgement, attorney fees and costs, and enjoining BATFE from enforcing the receiver rule ahead of the August effective date.

Not a lawyer; don't know if they need to ask for it again in a separate filing.
Link Posted: 5/20/2022 11:21:22 AM EDT
[#31]
Link Posted: 5/20/2022 11:49:03 AM EDT
[#32]
This case can hopefully shitcan the entire receiver rule, which BATFE is attempting to enforce 3 months ahead of effective date.  

Hell, their top lawyers even directed JSD to read the rule when asked under what authority they issued the C&D!  And they couldn't/wouldn't answer a simple question like, "can my client continue selling springs, slides and other clearly non-regulated items while under the C&D?"

BATFE truly is trying to intimidate the entire industry into abiding by their unconstitutional decrees, that have never been tested in a single court and have no statutory authority.  Time after time, they use the process as punishment, knowing they can't win their case because they are on the wrong side of the law, and it's infuriating.
Link Posted: 5/20/2022 12:15:19 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
https://www.scribd.com/document/575071089/3-2022-05-20-JSD-Memo-in-Support-of-TRO-and-or-PI

Motion for a TRO filed this morning.  Here is the memorandum in support.
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Keep on rocking!
Link Posted: 5/20/2022 12:21:04 PM EDT
[#34]
"multiple, structured transactions"



Hey, all you dumbasses fretting about what a "kit" is and not actually reading the new rules... you paying attention yet?



Quoted:

Side note, I've never been interested in the 80% game... until FAFT didn't want me to have any.
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Failing to understand the purpose of these is almost as silly as not actually reading the text of the new rules.



Quoted:
Tell me again why rules trump laws and rights?
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Mao had a great quote explaining exactly why this is the case.

This is not a nation of laws.   Don't hold your breath waiting for some black-robed jackass to halt this.
Link Posted: 5/20/2022 2:01:30 PM EDT
[#35]
Link Posted: 5/20/2022 2:12:32 PM EDT
[#36]
So under the Biden administration if I have wire coat hangers in the closet am I going to be arrested for intent to perform medical procedures that I am not licensed for?
Link Posted: 5/20/2022 2:15:24 PM EDT
[#37]
Soon this will be classified as a gun.
Link Posted: 5/20/2022 2:16:46 PM EDT
[#38]
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Quoted:
judge denied the restraining order, but set it for a hearing on the preliminary injunction on 5/25 at 1PM eastern and order the government to submit its response brief by 5/24.  so it is a very expedited hearing and briefing schedule.
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As expected on the RO - but that's a lightning fast turnaround on the hearing. Seems like someone is interested in this.
Link Posted: 5/20/2022 2:23:57 PM EDT
[#39]
Their response should be "fuck you, see you in court."
Link Posted: 5/20/2022 2:28:18 PM EDT
[#40]
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Quoted:
So under the Biden administration if I have wire coat hangers in the closet am I going to be arrested for intent to perform medical procedures that I am not licensed for?
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Of course not, that wire coat hanger is readily "restorable" to being a machine gun.  In about 5 minutes, you can make a swift link out of it.

Link Posted: 5/20/2022 2:32:39 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
People should read the lawsuit.  Pure gold smack down with all the receipts, pointing out the lies, obvious contradictions in behavior and words, lack of statutory authority, etc.

BATFE raided/visited  polymer80 and brownells and treated each differently than JSD, with no C & D, holding each company to a vastly different standard, and going after different parts/kits.

Read it, it will brighten your day.
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It won't brighten my day until it actually amounts to something.

The feds have all the leverage. There are zillions of times slam dunks were in the courts or litigation that will be dismissed on a technicality or for lack of standing. The deck is stacked, and when it looks bad for the ATF they will just fold, for fear that one day their "rule making authority" will be reigned in or chevron will actually get touched.
Link Posted: 5/20/2022 5:21:23 PM EDT
[#42]
Reposted from the Rare Breed thread:

I'd like to point out that something is different about this attempt (and JSD Tactical's with 80%s)

ATF (and other regulatory agencies) have long managed to escape attention because to be honest, it was really, really hard to get ahold of these papers in lawsuits and other court cases.

At best, you'd maybe read a brief blurb about this in Shotgun News, Machine Gun News, First Freedoms, etc.

But now? In 2022? We can all download instantly the PDF version of the complaint filed with the court; and then see ATF's response, etc etc.

I can't understate how important this is.

You're already seeing the after effects of "almost every court case is available shortly after filing if you know the court #" with the JSD 80% case; where JSD lists a long and lengthy list of specific ATF technical documents, ATF technical rulings; with specific document numbers and document dates.

Guess what? Now the whole 2A community knows about those; and is frantically looking to download copies of those (especially if attached as exhibit A through G to a filing).

ATF and others can't hide behind obfuscation anymore.

Also; the JSD Tactical list of ATF regs/rules/etc could only have come about if other people, companies, and lawyers were in contact with JSD Tactical and volunteered the information. We're finally getting away from "stovepiping" information as "need to know"; i.e. if DickSmasher Tactical got an ATF approval letter on something, usually they didn't share.

But now, DickSmasher Tactical hears that JSD is in trouble and so says "Hey, JSD, here's what I got when I had some problems a bit back."

That's huge. I don't think ATF (and DOJ) have quite figured out that the rules of the game are changing...
Link Posted: 5/20/2022 5:28:12 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
BATFE truly is trying to intimidate the entire industry into abiding by their unconstitutional decrees, that have never been tested in a single court and have no statutory authority.  Time after time, they use the process as punishment, knowing they can't win their case because they are on the wrong side of the law, and it's infuriating.
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This. I hope the Rare Breed Trigger case and the 80% case(s) are the beginnings of a new 2A activism period by firearm companies. There's a LOT of rulings, decrees, declarations, etc contained on ATF documents with obscure ID numbers that only specific people within specific firearm companies know about.

i.e. the guys at Colt only know about ATF Ruling #666-FU-AROCK because that was in reply to a letter requesting a ruling on the Colt Enforcer.

Likewise, FN only knows about ATF Ruling #666-BAG-O-D because that was in reply to a request for a ruling on the M249S.

People (and companies) need to stop hiding and stovepiping that information -- they have to start dumping it onto the internet so that more people know about them, so that ATF can't hide in obscurity.
Link Posted: 5/20/2022 5:50:51 PM EDT
[#44]
Link Posted: 5/20/2022 5:57:34 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would like to see a ATF agent make a firearm with what is in the kit's. Set him down at a bench with the kit and nothing else and lets see how long it takes.
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This. And done in front of a judge and jury.
Link Posted: 5/20/2022 6:01:32 PM EDT
[#46]
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Quoted:
Is the Ministry of Truth involved in this debacle?
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Why yes. The US government is likely involved in the implementation of this anti-Constitutional stupidity.
Link Posted: 5/21/2022 8:16:26 AM EDT
[#47]
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Quoted:

well then... allow me to assist you with all the exhibits in one nice PDF.

complaint with exhibits
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Nolo, could you post this somewhere else other than scribd? I don't have a subscription to them (required to download)
Link Posted: 5/21/2022 9:05:02 AM EDT
[#48]
Hoping the ATF gets their shit pushed in.
Link Posted: 5/21/2022 9:13:54 AM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
At best, you'd maybe read a brief blurb about this in Shotgun News, Machine Gun News, First Freedoms, etc.

But now? In 2022? We can all download instantly the PDF version of the complaint filed with the court; and then see ATF's response, etc etc.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
At best, you'd maybe read a brief blurb about this in Shotgun News, Machine Gun News, First Freedoms, etc.

But now? In 2022? We can all download instantly the PDF version of the complaint filed with the court; and then see ATF's response, etc etc.


Case in point. The ATF released Volume I of a planned four volumes on Firearms Commerce and Trafficking within the US.

https://www.atf.gov/firearms/docs/report/national-firearms-commerce-and-trafficking-assessment-firearms-commerce-volume/download

Volume I is pretty meaty at 305 pages.

Most news reports on this (if not all) condense the data within it down to 1 page; or just crib from the press release that followed Volume I:

https://www.justice.gov/opa/pr/justice-department-announces-publication-first-volume-national-firearms-commerce-and

Volume I presents and analyzes data collected by ATF and other federal agencies related to the manufacture, exportation, and importation of firearms. Between 2000 and 2020, the number of Gun Control Act (GCA) firearms and National Firearms Act (NFA) weapons that were domestically manufactured, exported by U.S. manufacturers, or imported into the U.S. increased by 187%, 240% and 350% respectively. The report highlights trends in firearm commerce, noting that – for example – over the last decade, the pistol has become the dominant firearm type manufactured and imported into the U.S., and the number of short-barreled rifles manufactured annually has increased 24,080% between 2000 and 2020.

Volume I also analyzes the past 20 years of technological developments affecting firearms commerce. One of the most significant developments in this period has been the proliferation of privately made firearms (PMFs) ... The number of suspected PMFs recovered by law enforcement and subsequently traced by ATF increased 1,000% between 2016 and 2021.


Basically many reporters just copy those bits of data for their own article; and don't dig deep into the 305 pages of Volume I.

Volume I itself is a 405 MB PDF!

Do you have any idea how hard that would have been to transfer in 2000 on a 56k modem?

From a quick calculator at 28.8 kb/sec (remember that 56K relied on a lot of data compression trickery) this would be about 3.7 hours of serious downloading -- and god help you if someone picked up your telephone line
Link Posted: 5/21/2022 9:50:32 AM EDT
[#50]
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