Firearms Policy Coalition “Rebukes” Proposed “Ghost Gun” Rule

Washington, D.C., April 12, 2022

Firearms Policy Coalition (FPC) has released the following statement regarding President Biden’s new ban on self-built firearms and nomination of Steven Dettelbach, former U.S. Attorney for the Northern District of Ohio, to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):

Today, President Biden continued his siege on the Second Amendment by announcing gun-control regulations targeting self-manufactured arms and confirming his intention to nominate Steven Dettelbach, an Everytown for Gun Safety-endorsed, anti-Second Amendment zealot to lead the ATF.

Biden’s proposed rule to eliminate so-called “ghost guns” would create an entirely new class of highly regulated items by redefining the term “firearm” to include a host of parts, and collections of parts ATF now considers “readily” convertible into functional firearms. This move calls into question the legality of an unknowable number of parts and kits purchased by peaceable people for decades.

The rule, which raises serious concerns about executive overreach and separation of powers, is yet another assault by the Biden administration on the rights and liberties of everyday gun owners. FPC condemns in the strongest terms this attack on the American tradition of home gunmaking and any effort to disarm or criminalize peaceable people.

Far from “clarifying” anything, the rulemaking tortures simple terms from law into multi-part definitions, with newly injected sub-terms like “readily” having their own lengthy definitions. This is clearly an attempt to sidestep Congress, as Biden even indicated in his remarks today.

The FPC legal team is evaluating the final rule for litigation options and will be seeking plaintiffs in the near future.

FPC also unequivocally opposes Biden’s nomination of Steven Dettelbach to lead the ATF. Dettelbach has led a career marked by proposals of radical gun-control measures, including semiautomatic firearm bans, the absurd expansion of mythical “gun-free zones,” and universal background checks. Dettelbach’s support comes from anti-rights organizations, and his nomination is nothing short of a stealth attempt by the Biden Administration to appoint someone with the same radical values as David Chipman, but without the extensive public paper trail.

Individuals who wish to help overturn the Biden administration’s abusive overreach of executive power and help defeat Dettelbach’s nomination can visit StopATF.org and join the FPC Grassroots Army at JoinFPC.org. Read more

NSSF Response to Biden’s Gun Control Agenda

NEWTOWN, Conn. — The National Shooting Sports Foundation (NSSF)®, the firearm industry trade association, listened with keen interest to President Joe Biden’s nomination of Steve Dettelbach for Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NSSF has long-advocated that the ATF needs a U.S. Senate-confirmed director, and that person must be an individual who will faithfully execute the duties of regulating the firearm industry in accordance with established laws and regulations. Any nominee for this position of public trust, that has direct oversight of how law-abiding Americans are able to exercise their Second Amendment rights, must be a person wedded to the rule of law, and one that will not politicize the ATF to advance a partisan gun control agenda that exceeds what is established in law by the U.S. Congress.

NSSF is committed to a thorough examination of Dettelbach’s record and qualifications and will listen carefully to his testimony before the Senate Judiciary Committee. NSSF has significant concerns regarding Dettelbach’s previous public statements supporting bans on Modern Sporting Rifles (MSRs), or AR-15 semiautomatic rifles, universal background checks, which are unworkable without a national firearm registry that is already forbidden by federal law, and extreme-risk protection orders, or so-called “red flag” laws, without protections for Due Process considerations. Dettelbach was also previously endorsed by the gun control group, Everytown for Gun Safety, for his support for policies restricting Second Amendment rights.

NSSF is also closely monitoring the submission of the Final Rule by the Department of Justice (DOJ) to redefine frames and receivers, which would significantly alter the sale and possession of not only personally-made firearms (PFMs) but numerous other types and models as well. NSSF will review the Final Rule carefully to see if DOJ listened and took into consideration the industry’s comments that were submitted. As proposed, this rule radically alters the manufacturing and compliance processes for manufacturers of traditional firearms, not just the making of incomplete, unfinished parts Congress has not chosen to regulate. Read more

CCRKBA: “Don’t Blame Guns for Sacramento”

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today said revelations that one of two suspects being held in connection with the deadly mass shooting in Sacramento was released from prison less than two months ago shows the problem in California isn’t guns, it’s prison system rules that allowed the man to be on the streets.

“Smiley Allen Martin has a criminal history dating back at least nine years,” said CCRKBA Chairman Alan Gottlieb, “and he was doing a ten-year stretch for domestic violence and assault, yet thanks to the current credits system by the Department of Corrections and Rehabilitation, here he was in Sacramento at 2 a.m. in the middle of mayhem. He’s now facing new charges of being a felon in possession of a firearm, and possession of a machine gun.

“Instead of Sacramento Mayor Darrell Steinberg and others calling for more gun control,” he added, “they should be demanding prison reform that keeps violent criminals behind bars instead of allowing early release. Politicians who support such policies are perpetuating a system that ultimately poses more of a real danger to society than their imagined fears about private gun ownership.” Read more

CCRKBA: ‘Biden Should Reload His Brain Before Shooting Off His Mouth”

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today blasted President Joe Biden for shamelessly exploiting the tragic mass killing in Sacramento to further his gun prohibition agenda by calling for bans on so-called “ghost guns” and demanding background checks for all gun sales.

Six people died and a dozen more were wounded in the attack, which occurred just after 2 a.m. Sunday. Two brothers, one of whom was injured, are now in custody.

“Biden’s response to the Sacramento killings is little more than a shell game,” said CCRKBA Chairman Alan Gottlieb. “He wants to ban ‘ghost guns’ without any evidence such a gun was involved. He wants to require background checks for all gun sales, but the individuals now in custody were prohibited persons who would never have undergone a background check in the first place. Biden wants to ban so-called ‘assault weapons and high-capacity magazines’ but police reports say they recovered an illegally-altered stolen handgun that fires like a machine gun, which is already illegal. He wants to repeal gun manufacturers’ protection from liability, which would have had no impact on stopping this violent act, and the president knows it. Read more

Court Rules Against New Jersey in 3-D Gun Ban Case

BELLEVUE, WA – The Second Amendment Foundation and Defense Distributed today are celebrating a court victory in a long-running battle to allow online publication of information related to the 3D printing of firearms, thanks to a ruling by the Fifth U.S. Circuit Court of Appeals that returns claims against the New Jersey attorney general (NJAG) to its jurisdiction.

A district court order had wrongly severed the case against the NJAG, from a lawsuit filed by the plaintiffs, and transferring it to a federal court in New Jersey. Today’s ruling in the Fifth Circuit directs the district court in Texas to “request retransfer from its counterpart in New Jersey.”

“It’s a huge victory for us,” said SAF founder and Executive Vice President Alan M. Gottlieb, “because New Jersey wanted to be severed from our legal action in their effort to prevent publication of the information by Defense Distributed, thus violating the company’s and SAF’s First Amendment rights to promote the exercise of Second Amendment rights.”

This effort began when anti-gun-rights attorneys general, led by Washington State Attorney General Bob Ferguson, filed suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’s files on the internet under a settlement from a previous SAF and Defense Distributed lawsuit. That effort was an offshoot of attempts by then-New Jersey AG Gurbir Grewal and several of his peers to prevent the plaintiffs’ distribution of materials related to the 3D printing of firearms. Read more

The Profound Effects of Anti-Gun Rhetoric

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

Through the tough times of the pandemic, Americans have begun to reacquaint themselves with a sense of self-reliance some may never have known heretofore.  We’ve seen firsthand the empty store shelves and how common necessities have been hoarded without a clue as to their return to the marketplace.  We are learning to grow our own food, catch our own fish, and to hunt for meat.

This wave of self-sufficiency extends to home protection and self-defense, as well.  One only needs to look to the demonization of law enforcement and the resulting chaos inflicted upon law-abiding citizens, as we watched nightly scenes of our cities burning to understand the rationale for alternatives to self-preservation.  Plus, the anti-gun sentiment and the continuous desire to restrict Second Amendment rights by officials, who’ve sworn to protect those rights is more than hypocritical; they’re threats to freedom and Americans have taken notice.

Since year 2008, the firearms industry has been booming and continues to be a bright spot in our otherwise struggling economy, as evidenced by 5.4 million new gun owners in the country this past year!  Again, that’s new gun owners.  Regardless of economic conditions across the country, the industry has grown and created over 375,000 new, well-paying jobs since the middle of the Great Recession in 2008.   These are good jobs paying an average of $56,900 in wages and benefits.

In the United States, the industry and its employees pay over $7.86 billion in taxes including property, income, and sales-based levies.  A report by the National Shooting Sports Foundation (NSSF) also notes the significant impact the firearm and ammunition industry has on wildlife conservation funding in America through its growing Pittman-Robertson excise tax contributions to the Wildlife Restoration Trust Fund which exceeded $1.1 billion in 2021.  Along with hunting and fishing license sales, it is these funds that support sound wildlife management.

Particular to Michigan’s economic contribution of arms and ammunition for the year 2021 are the following examples.  Direct jobs:  5155; Resulting Wages:  $210,684,600; Direct Output:  $643,807,600.  Although Michigan is not one of the top 10 states in these figures, it rates as the 10th leading state in related growth and economic development and for related jobs it is 9th in the country.

According to the NSSF, not only does the manufacture and sale of firearms and hunting supplies create good jobs in the United States, but the industry also contributes to the economy as a whole. In fact, in 2021 the firearm and ammunition industry was responsible for as much as $70.52 billion in total economic activity in the country.

The broader economic impact flows throughout the economy, generating business for firms seemingly unrelated to firearms.  Americans working in industries as varied as banking, retail, accounting, metal working, and even printing, all depend on the firearm and ammunition industry for their livelihood.

Our freedom, self-reliance and enjoyment of the outdoors all benefit from the industry that our misguided leaders love to hate.

FPC Statement on ATF Letter Classifying “Forced Reset Triggers” as “Machineguns”

WASHINGTON, D.C. — Firearms Policy Coalition today issued the following statement regarding the ATF’s “Open Letter to All Federal Firearms Licensees” regarding its classification of some “forced-reset triggers” (FRTs) as “firearms” and “machineguns” as defined in the National Firearms Act (NFA) and Gun Control Act (GCA):

This latest effort by the ATF to punish and stoke fear among peaceable people who purchase protected-arms components specifically designed to comply with federal law is further proof of the agency’s abusive overreach of statutory and constitutional bounds and a manic desire to expand its dominion. Furthermore, by being purposefully vague in saying it “intends to take appropriate remedial action,” the ATF adds to the unscrupulous nature of this action leaving sellers and owners unsure if they’ll be subject to abuse.

Unless the ATF doesn’t understand the difference between resetting and pulling a trigger, the statement is further evidence of the agency’s underhandedness. After citing the “single function of the trigger” statutory definition of a “machinegun,” the ATF claims “some FRT devices allow a firearm to automatically expel more than one shot with a single, continuous pull of the trigger.” By virtue of its very namesake, “forced-reset trigger” systems require an additional pull before firing another shot.

The letter ends with a directive to contact a local ATF Field Office if “uncertain whether the device you possess is a machinegun.” Out of an abundance of caution, FPC suggests that individuals, entities, and businesses who are now or have been in possession of “forced-reset triggers” consider the below measures through which you may be able to protect and preserve your rights should ATF contact you, visit you, and/or demand that you surrender any item in your possession. Read more

FPC Brief: Lifetime Handgun Ban for Nonviolent Offenders Unconstitutional

Under the history and tradition of the Second Amendment, nonviolent offenders should not lose their natural right to keep and bear arms.

WASHINGTON, D.C. — Firearms Policy Coalition today announced the filing of an important brief with the Supreme Court of the United States asking it to grant certiorari in Morin v. Lyver, a case challenging Massachusetts’s lifetime ban on firearm purchases as applied to a person convicted of a nonviolent misdemeanor. FPC’s brief is joined by FPC Action Foundation (formerly Firearms Policy Foundation) and can be found at FPCLaw.org.

In 2004, Massachusetts resident and License to Carry (LTC) permit holder Alfred Morin, Ph.D, traveled to Washington, D.C. with a handgun. Unaware of District of Columbia laws, he saw a sign prohibiting firearms at the American Museum of Modern History and approached a guard to inquire about checking his gun. Police arrested Dr. Morin and charged him with carrying a pistol without a license, possession of an unregistered firearm and unlawful possession of ammunition. The Superior Court of the District of Columbia sentenced Dr. Morin 60 days imprisonment on each count, as well as three months of supervised probation and 20 hours of community service.

Under Massachusetts law, an individual who has been convicted of a nonviolent misdemeanor can obtain a license to possess a handgun at home after five years have passed. However, this same person can never obtain authorization to purchase a handgun— meaning that the only way they can obtain one is through inheritance. Dr. Morin, the petitioner, is asking the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the First Circuit which upheld the Massachusetts handgun purchase ban. Read more

Brownells Announces “Mag Dump” to Raise Funds for SAF Lawsuit against WA Mag Ban

GRINNELL, Iowa –– In response to the standard-capacity magazine ban passed in Washington state, Brownells will donate $2.00 to the Washington-based Second Amendment Foundation (SAF) for every aluminum Brownells AR-15 magazine sold. SAF is currently planning to file a lawsuit against the state of Washington on behalf of gun owners in the state.

The Brownells Mag Dump donation event lasts through June 24 and has two main goals.

The first is to help Washington state gun owners procure reliable, proven, standard-capacity magazines for their AR-15 style firearms – before the ban goes into effect – to help guarantee their ability to exercise their 2nd Amendment rights and freedoms. Read more

CCRKBA: Anti-Gun Support for SCOTUS Nomination Raises Alarms

BELLEVUE, WA – The nomination of Judge Ketanji Brown Jackson to fill the vacancy on the U.S. Supreme Court following the retirement of Associate Justice Stephen Breyer later this year raises alarms, the Second Amendment Foundation said today.

“Just the endorsements Judge Jackson’s nomination is receiving should be enough to cause concern,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The nomination is being applauded by anti-gun billionaire Michael Bloomberg’s gun prohibition lobbying groups including Everytown for Gun Safety, Moms Demand Action and Students Demand Action, and by the anti-gun Giffords Law Center and Brady group. There can be no stronger indication of where Judge Jackson stands on the individual right to keep and bear arms and how she might rule on Second Amendment issues.”

Judge Jackson has also been reversed by the District of Columbia Court of Appeals, for what Prof. Jonathan Turley described as “judicial overreach.”

“The high court doesn’t need another liberal activist justice on the bench,” Gottlieb observed, “especially where Second Amendment issues are concerned. We know it is inappropriate to ask a Supreme Court nominee how he or she would rule on possible upcoming cases, but considering the energetic support Judge Jackson’ nomination is already receiving from the gun ban lobby, such questions aren’t even necessary.

“When the nation’s most extreme gun control lobbying groups throw their weight behind a judicial nominee,” he added, “there should be no misconception about where that nominee is likely to stand on Second Amendment rights, and frankly, it’s disappointing. Read more

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