Saturday, September 28, 2013

ATF redefining "pistol"

NoloContendere over at ARFcom tells us that the ATF is redefining what a "pistol" is. He tells us that "This is a 2005 proposed rule. Never implemented. It's being revived......"
SUMMARY: The Department of Justice is proposing to amend the regulations relating to machine guns, destructive devices, and certain other firearms regulated under the National Firearms Act (NFA) for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify the definition of the term ‘‘pistol’’ and to define more clearly exceptions to the ‘‘pistol’’ definition. The added language is necessary to clarify that certain weapons, including any weapon disguised to look like an item other than a firearm or any gun that fires more than one shot without manual reloading by a single function of the trigger, are not pistols and are classified as ‘‘any other weapon’’ under the NFA.
Omitted from the proposed regulation is the language: ‘‘any gun altered or converted to resemble a pistol.’’ This language mirrors the statutory provisions in 26 U.S.C. 5845(a)(2) and (4) that refer to weapons made from a shotgun or rifle. The NFA adequately reflects the Department’s consistent position that a rifle or shotgun, altered to function as a smaller, pistol-like weapon, maintains its classification as a rifle or shotgun and will not be classified as a pistol. Therefore, the addition of this language into the proposed regulation is unnecessary.
He continues: "(Nolo's note: for now. The ATF appears to say this won't make an AR pistol an NFA firearm, but we all know this will probably be an incremental step)." He also gives this link as a reference.
He adds: "Because it was noticed in 2005.... Comment period is over and is considered a 'final' rule... However. I cannot find where it has been implemented yet."
So what's coming? Is this the basis of some new "executive action" that makes more previously law-abiding folks into criminals? Time will tell.

5 comments:

Anonymous said...

I hope so...the more bans they impose or the more people they force into NFA ownership by bureaucratic/executive fiat, the more people will be fed up with this overbearing government.

Make all those AK and AR pistols into NFA AOWs and make it retroactive....and watch the people bitch.

Until these infringements on rights affect the average American, the average American will ignore it.

The new American motto is: "If it ain't happening to me....it ain't happening".

Justsomeguy said...

This is not only aimed at AR pistols, it's aimed at defensive style shotguns without a stock. I think this is to show they're doing something after the Navy yard shooting. They'll pretend that having this in place would have prevented that crime.

Anonymous said...

"...or any gun that fires more than one shot without manual reloading by a single function of the trigger, are not pistols and are classified as ‘‘any other weapon’’ under the NFA."

Am I reading this wrong or could this be construed to mean all semiautomatic handguns are NFA AOW?

Anonymous said...

"...or any gun that fires more than one shot without manual reloading by a single function of the trigger, are not pistols and are classified as ‘‘any other weapon’’ under the NFA."

That would be a full auto pistol. If you pull the trigger and dump the mag, then it's AOW.

Anonymous said...

It is also a way to tax all handguns presently owned at $200 each, like NFA guns, and force a national registry of pistols!