“Black Lives Matter” or “How To Further Divide Us”?

racial equalityIs our country continuing to do the “DC back-step” in regards to racial division?  It seems like some are further perpetuating the tensions we felt when our country finally stepped out of the dark ages and began the road to healing. For those of you who believe this new media-hyped nonsense, remember back just a few short years ago and admit that electing a black President actually happened.  Would that have been possible 100 years ago?  How about 50 years ago? Do you think a man of color (any color other than white) would’ve beat Kennedy in an election?

We all know the answer to that question, but we as a Nation felt it was time in 2008. Many of us were ready to put our past behind us and move forward.  Of course many now regret that decision and feel betrayed as the man trusted to further unite our communities has done nothing but further divide them through, once again… RACE.

Now I know there are many that will say; “Well you’re a man of privilege. You’re white and have never felt the sting of prejudice.” I have felt the sting of prejudice through my friends.  I was taught to be color blind when it comes to others, and judge them not by their looks, position or beliefs, but rather their actions. I have been judged many times throughout my life based on the position of my parents or myself in the small local community I grew up in, yet I overcame those biases and moved forward knowing the majority of people will respect me for my actions.

Now after so many years of watching the racial tensions of the 60s start to fade, we have those who lived through those times, beating the drums again, in hopes of “stirring a new generation”.  Principal Nathaniel Rouse hosted a “Black Lives Matter” rally to discuss racial equality, with students and parents from Oak Park and River Forest High School in Illinois on February 27th 2015.  Although, he banned all white people from attending the event, reports The Chicago Tribune.

I can appreciate the desire to discuss racial tensions, since this administration has managed to drive a bigger wedge between our citizens, making this chasm wider and deeper than it has been in the last 30 years, but this discussion should’ve included ALL those concerned with this division. The Aryan Brotherhood was not lined up at the door wanting to gain admittance to this event, it was students (friends with those in attendance) wanting to show support for their fellow classmates and learn about how they can be a part of helping quell the new fires this administation seems to have fanned.

Rouse claims that further division of students into “Affinity Groups” is necessary and allows them to talk freely among those who look “similar”.  This sounds fine in theory, but as we know, it allows lies to be further propagated as well.  My daddy taught me that in order to get to the truth of the matter, you needed all people involved, present.  If you want to find the truth, you have to be willing to stand in front of it and face it head on.

The “truth” as it relates to this new rise in “racial tensions” is one of namby pamby coddling. We are ready to put the sordid past of our forefathers to bed and move forward with eyes blinded to race, color or creed. We need to get over ourselves and move forward without the need of a tissue to dry our tears of hurt. Whoever told you that life wasn’t full of “hurts” was lying to make you feel better. It’s time to put your big boy/girl panties on, dry those tears and get r done!

I will respect you based on your actions as I would hope you would do for me. I will do so, even if you are not as self-regulating, responsible and self-efficient as you should or could be.  I will lend a hand to all my brothers and sisters and help them overcome any adversity they may encounter in life, as long as they are continually trying to rise above on their own power and are respecters of others right to “life, liberty and pursuit of happiness”.  Make no mistake about it though, if you ever view my kindness as weakness, you will have made a very grave mistake.

So let’s all take some time to start “walking in the shoes” of others, before passing judgement.  Let’s try to treat others as you wish to be treated.  This doesn’t mean one has to turn the other cheek.  It doesn’t mean you have to be a “doormat”, but it does mean we shouldn’t “judge a book by its cover”.  We all have to understand that this hate for others is not always racially motivated.  It is not always a “black and white” issue.  Evil walks the face of this earth and men of every color, race and creed do its bidding.  The way to stop it is for good men and women to stand up to it, period!  Let’s all work together with the intent of restoring our country, creating a safer environment for our kids and grandkids to enjoy the “life, liberty and pursuit of happiness” our Framers intended… for all.

 

patrickjamesPatrick James is the creator and founder of Cold Dead Hands and CDH, Inc. He is an author, gun enthusiast and avid outdoorsman who can be found chasing his passions 24/7. “I’d rather enjoy my life and skid sideways into the grave, worn out and beat up screaming that was a “helluva” ride than to never take chances and risk it all just to arrive in one pretty piece. Passion in all things is the key to a successful life.” ~ Patrick James

Having worked as a firefighter/EMT for several services throughout the years, he has also worked as a custom metal fabricator, certified personal trainer and chef. Growing up in the rural suburbs of Detroit, it was during his frequent trips to Northern Michigan where he learned of his love for hunting and fishing. Spending several of his adult years in upstate South Carolina, his love of extreme sports took root in the foothills of the Great Smoky Mountains as he learned to rock climb and kayak.

“Courage and perseverance have a magical talisman, before which difficulties disappear and vanish into air.” ~ John Quincy Adams

You can find his published work A Frail New World: Digital Conspiracy at: http://goo.gl/XNaDMe

You can also find more information regarding Mr. James at:

https://www.facebook.com/colddeadhands

https://www.facebook.com/patrickjames2a

https://www.facebook.com/patrickjamesphotog

https://www.linkedin.com/in/patrickjames2a

Why background checks don’t work

Psychologists and social scientists have long understood that people are inclined to stick to a belief even when they are presented with clear evidence that their belief is incorrect. In short, people are obstinate. Recent research has shown that this is not just a psychological issue, but also has a physiological basis. Our brains are actually wired for this behavior, and it accounts for a great deal of the strife and conflict we see in politics, religion and our regular daily lives.

I have written several times about the issue of mandatory background checks for firearm purchasers. There’s no question that the idea of checking a gun buyer’s background to make sure they are not a criminal or crazy person seems reasonable and rational, and just common sense, but there’s a problem: Background checks don’t work. At least they don’t work the way people think they do. Unfortunately, a good percentage of the population can’t get past their initial conclusion that background checks make sense. That’s why I want to ask you to make a conscious effort to suspend your own presumptions and beliefs for a moment and try to maintain an open mind as you read this column.

Not only is common sense not that common, it often doesn’t make much sense. Along with the obvious, there are almost always peripheral issues that come into play on any given subject. What we see on the surface is usually only a small portion of the picture. Ulterior motives, mitigating factors and the law of unintended consequences are always in play.

A great example of this is the “child-proof” caps on medicine bottles. The government started requiring these devices in the early 1970s. Common sense tells us all that making it more difficult for a child to get into dangerous medicine bottles will reduce accidental poisonings and save children’s lives. But in the years after introduction of safety caps and resistant packaging, poisonings not only continued, they increased. A major factor identified was what researchers called the “lulling effect.” Parents were apparently lulled into a false sense of security by the child-resistant packaging, and, therefore, they took fewer common sense safety precautions in how they stored and controlled dangerous products. Major public education campaigns had to be launched to teach people to do what their parents and grandparents did – store dangerous things out of sight and reach of small children – even when child-resistant packaging is used.

One is left to wonder how many lives, and hundreds of millions of dollars, could have been saved if the focus had been on education from the beginning, rather than blindly embracing a government-mandated engineering solution.

In the case of mandatory background checks on gun purchasers, first, keep in mind that it is already illegal for a “prohibited person,” someone who has been convicted of a felony or certain misdemeanors, or “adjudicated mentally incompetent,” to purchase or possess a firearm. Most of those people know they are prohibited, and, therefore, those who want to obtain guns get them through illegal means – theft, straw purchases or from the same guy who sells them their drugs. In 2010, only 13 people were successfully prosecuted for lying on a gun purchase form.

The second thing to keep in mind is that most people who legally buy guns already own guns. It is estimated that between 80 and 100 million people in the U.S. own something like 300 million guns, and millions more are sold every year. Estimates suggest that better than 80 percent of all guns sold in this country every year are purchased by persons who already own at least one gun. That means that fewer than 20 percent of background checks have any potential to “keep guns away” from someone who doesn’t already have one, and better than 80 percent are just a waste of time and money.

The third thing that is important to know is that the people and organizations pushing background checks are the same people and organizations that have pushed for complete bans on certain types of guns and “ammunition feeding devices,” pushed for registration of all guns and gun owners, and pushed for all manner of restrictions, limitations and controls over guns and gun owners. Their agenda hasn’t changed.

Also remember that background checks are not a free service; they cost money – a lot of money. At this point, the U.S. has spent, and is spending, billions of dollars to build, maintain and operate the federal firearm purchase background check system. And of course, the vast majority of that money is spent verifying that someone like me, who already owns a number of guns, is not prohibited from buying another one.

Finally, consider the civil rights aspect of this issue. The right to keep and bear arms is one of the few rights originally enumerated and attached to the U.S. Constitution. This was done long before the right to vote was even considered a universal right. Yet many of the same people who tell us that even requiring identification to vote is a violation of civil rights. But these same people insist that paying a fee, filling out an extensive questionnaire, presenting picture ID and having a criminal records check before being allowed to exercise the enumerated right to arms is just “common sense” and definitely not a violation of civil rights.

Background checks, like all gun-control laws, focus on the law-abiding while mostly ignoring criminals. The idea that it makes sense to expand these wasteful and ineffective money sponges to include private transactions between law-abiding citizens is ridiculous and an affront to liberty. The real objective is not reducing crime and violence, but rather to add impediments to legal gun ownership to discourage it and make it more costly, troublesome and legally risky. Anyone with an open mind and the capacity for rational thought should be able to clearly see that.

Posted By Jeff Knox on March 5, 2015 on WND

Guns Across America Austin Rally: Gun Rights are not About Guns, They are About Liberty

by Bob Price 21 Feb 2015 Austin, TX

“About two hundred gun rights activists gathered on the south steps of the Texas Capitol to show support for expanding gun rights in Texas on Saturday. While much of the talk was about gun rights, many of the speakers used the word that Governor Greg Abbott used in his State of the State address this week when he said, “Let me briefly follow up on a word I mentioned a moment ago – liberty. In a single word, it encapsulates what this country stands for, what Texas symbolizes. I will expand liberty in Texas by signing a law that makes Texas the 45th state to allow open carry.”

Pastor Terry Holcomb, Sr., president and founder of Texas Carry, echoed the Governor’s remarks when he said, “Gun rights are about more than guns – It is about liberty. Texas needs to lead on liberty.”
Pastor Terry Holcomb, Sr. Texas Carry Founder

Holcomb said that Texas ranks right up there with California, Illinois, and New York, when it comes to the right of citizens to openly carry a firearm for self-defense. He promised that some form of open carry will pass the legislature this session. He then challenged the crowd, “But, if we are going to have liberty, we have to elect liberty minded candidates.” He encouraged people to run for office and challenge incumbent elected officials who do not protect liberty.

Waylon Montague, executive vice-president of Gun Rights Across America told Breitbart Texas, “We are here today to promote teamwork among liberty minded people.” He said there are many separate organizations fighting for a variety of pro-gun bills. “Each organization has passion for their cause.”

“Some of these groups have an ‘all or nothing’ mentality about their issues,” he explained. “All or nothing often gets you nothing.” He made the analogy of a “hail Mary” pass in football. “How many times does that play not work? You must have a solid game plan.”

Breitbart Texas asked him about the controversial Open Carry Tarrant County group that many believe nearly killed the possibility of passing open carry in this session. “To each their own,” Montague said. “I don’t agree with some of their tactics. There are more appropriate methods to achieve the desired results.”

While he said he would not be satisfied with the passage of open carry for licensed holders, he acknowledged that it would be “a step in the right direction.”

Open Carry Texas founder C.J. Grisham is a Fort Hood Master Sergeant who became famous after he was arrested by police when he was walking down a country road with his son while legally carrying a rifle across his chest. After a series of alterations of his charges and two trials, Grisham was eventually found guilty of “interfering with police duties.”
C.J. Grisham, Open Carry Texas Founder

Two months ago, Grisham was named as a “Texan of the Year Finalist” by the Dallas Morning News Editorial Staff.

Grisham told the crowd, “We have a lot of patriots and Facebook rangers. But how many people are willing to put some skin in the game.” He said Open Carry Texas has conducted more than 3,000 walks across Texas while openly carrying guns. “Not one person was injured, killed, raped, assaulted or robbed while we were carrying these guns,” he stated. “And we were carrying the scary looking guns.”

He thanked the attendees for their support. “Without you, I am just a crazy guy walking with his son while carrying a gun,” Grisham explained. “Our guns are meant to protect us against tyranny.” He said the open carry groups across Texas are now 60,000 members strong.

Pat Cook told the crowd he has a unique perspective on not being allowed to carry a gun for protection. The U.S. Army soldier who has served in combat in Iraq had the unfortunate experience of being on Fort Hood last year when Army Specialist Ivan Lopez went on a shooting rampage that left four people dead and sixteen people injured.
Patrick Cook, founder of Come and Take It Texas, being interviewed by local news media.

“I am someone who knows what it means to be stripped of their dignity,” Cook said in a highly emotional speech. “I was laying on my belly reaching for a gun I knew wasn’t there.”

Fortunately, Cook was not one of those who was injured physically by the attack, but the incident left him with clear emotional scars. “It is exhausting to have to watch everyone every single day,” he explained. “It’s like being on a deployment that never ends.”

In discussing rights versus privileges, Cook said a privilege is a “lien placed on a liberty.”

In sharp contrast to the 2013 rally, Texas State Representative Jonathan Stickland (R-Bedford) was the only elected official to speak. The 2013 rally had a long list of elected officials standing with the groups to speak. It is possible that this is a reflection of the negative press created by the Open Carry Tarrant County group’s actions.

Stickland is a strong supporter of what is known as “Constitutional Carry” (open carry without a license). While his bill is said by many to have little chance of passage, Stickland pledged, “I will offer a Constitutional Carry amendment to any gun bill that comes to the floor of the House for a vote.”

“We will have a record vote on Constitutional Carry,” he declared. He said activists must push hard for what they want and not compromise on liberty because the “legislature will give you only what you are willing to take.”

Read more…

BAFTE: Infringing on our rights again?

In this article published at Cold Dead Hands by Patrick James, he explains how the ATF is overstepping its authority and what he believes people should do about it:

Is our federal government at it again or better said; are they still trying to find new and interesting ways to take away our rights. In specific, is the ATF currently looking at reasons to ban M855/SS109 ammunition in regards to protecting LEOs. Is said ammunition, that can penetrate level 2A body armor when fired from a pistol so completely evil that they want to take it away from us or… are they creating a NEW supply and demand for money? I completely agree that LEOs should be protected, but being an LEO is inherently dangerous and just comes with the job. Are they trying to further restrict and infringe on our rights? I have no doubt that is a definite possibility, but I’m more likely to believe that they are creating a “money” scheme here. So let me explain this little scenario.

Many of you (hunters) in particular might be saying; “what’s this got to do with me? I have absolutely no need for “armor piercing” ammunition.” Well let me say this about that. They are postulating that with the advent of handguns that can fire rifle caliber ammunition such as the FN Five-seven and other hand-held AR-15 pistol/stock configurations that they now need to limit “our” access to this dangerous level 2A body armor piercing ammunition. Now I know most hunters could care less about handguns that can fire “armor piercing” rounds, but understand this; it’s not about what you DON’T need, it’s about what they CAN take away from you. What’s next? 30-30, 30.06? Remington or Thompson competition or hunting handguns? What about ALL those hunting rifles you are carrying whose ammunition can penetrate level 2A body armor?

Let’s have a quick history lesson and I’ll explain (in my opinion) what’s truly going on. The Gun Control Act of 1968 (GCA), as amended, 18 U.S.C. Chapter 44 prohibits the import, manufacture, and distribution of “armor piercing ammunition” as defined by the statute, but there is an exemption that allows the Attorney General to determine if that specific ammunition is primarily intended for sporting purposes as it has been for a very long time, until now. Originally the provisions defining and governing these so-called “cop killer” rounds were enacted within the Law Enforcement Officers Protection Act of 1986 (LEOPA), but when LEOPA was finally passed by Congress in 1986, the final bill focused on two specific definitions; composition of the ammunition and whether it can be fired from a handgun, and size, jacket weight as well as design and intent. This created a huge loophole in the original intent of LEOPA, by expanding the definition of armor piercing ammunition to include any ammunition containing a specified metal content and that it can be fired from a handgun. Viola. Eric Holder defers his responsibilities to define and rule as Attorney General as was always intended, to the BATFE Director and now they can propose the change, rule on the change and completely ban this ammunition without Congress’ approval.

So now we have the HOW they can do it, but some might still be unclear as to the why? It’s coming, but bear with me a bit longer as I wade through a few more defining actions and reasons I believe make this scenario a money making scheme.

The FN Five-Seven has been on the civilian market for over 10 years, and all of those years the Brady Campaign has been working to ban it. U.S. Rep. Eliot Engel (D-NY of course) even wrote three separate bills that were introduced to the Senate and all three times the bill failed to proceed to a vote. They could NOT find reason to even entertain the thought of why it should be even voted on, let alone banned. Then add in all the new AR pistols to hit the market recently and we have the “gun control” nuts freaking out, using LEOPA as a battle flag and doing it without even realizing what they are creating. If we add to that everything we know about Level 2A body armor, and that there hasn’t been any significant studies to prove that deaths occur more frequently from penetration versus blunt force trauma. Yes, blunt force trauma is a much more common injury to occur when shot while wearing body armor. And we also know that almost every modern sporting rifle will penetrate even level 3 body armor. So who exactly does the government intend to protect by banning this evil, malicious cop killing ammunition? I’m interested in that answer, but I know what the politicians would say and it stinks like a fresh cow pie.

So again I ask this perplexing question; Why is the BATFE trying to ban M855/SS109 based ammunition when many other types of ammunition are just as dangerous with similar penetration qualities? Again I will say; money making scheme. Now, do I believe they are concerned with the lives of
LEOs, of course. Does our government want a chance to infringe on our rights? Again, of course they do, and we can see just how destructive this current administration has been toward our 2nd Amendment rights simply by looking at how many times the BATFE (ATF) has ruled and restricted our firearms regulations throughout the years. Here are a few facts that kind of lay out what this administration has accomplished. From 1969 to current the BATFE has had 52 rulings entered into the books in regards to firearms restrictions. Now that doesn’t seem like a whole lot in 37 years (although in my book, any restriction is too many) but here’s the kicker, 21 of those rulings have been since 2008. You read that right. There were 31 rulings in the first 37 years, and 21 rulings in the last 7 years. Do you think Obama is doing a good job trying to destroy the 2nd?

So what about this “smoke & mirrors” money scheme I was talking about? Well, if we do the research and math, we know that the government is going to be holding a very large stockpile of “armor piercing” ammunition very soon (conflicts abroad are winding down and we all know that) and no corporation would “ban” a product that you are holding a large amount of, that just wouldn’t make good fiscal sense (if you noticed the word “corporation” then good for you, because yes, our government is nothing more than exactly that). What better way to leverage that product and drive prices higher, than to release information that implies an impending shortage? Then once everyone and their brother has “run” and wiped out every store shelf in town, because they’re worried it’ll be gone tomorrow, who’s left with the biggest supply? You guessed it… Big Brother Army/Navy surplus. Now trust me, I’m not telling you to NOT run out and buy more ammunition, God knows there’s no such thing as too much ammunition. And I am certainly not telling you to NOT be concerned, we can see just how much the Obama Administration has done in regards to our 2nd Amendment rights. What I am saying is; “Don’t be surprised if this little scare doesn’t just “go away” in a few weeks/months and the prices “skyrocket” to absurd heights.

So what can we do about it all? It’s just like everything else that happens within our governmental “dog and pony” show, if you don’t stand up and question them, they will assume you don’t care and rule without your consent. So let’s all get involved and bombard them with questions regarding this injustice. Below is all the contact information you need to make an impactive statement. Write it up in your own words being as professional as possible (remember, although we all might be mad and frustrated for all this asinine bullsh*t, you will still attract more bees with honey). Give them logical talking points, use facts and make concise statements. And it doesn’t hurt to let them know that WE the PEOPLE are watching their every move. So let’s “blow it up” (their phone lines that is) and let them know that NO matter what reasons they are even contemplating this action, We are not happy.

Email: APAComments@atf.gov
Fax: (202) 648-9741
Mail:
Denise Brown
Mailstop 6N-602, Office of Regulatory Affairs,
Enforcement Programs and Services, Bureau of Alcohol,
Tobacco, Firearms, and Explosives
99 New York Avenue, NE,
Washington, DC 20226
Attn: AP Ammo Comments

Telephone: (202) 648-7070

Patrick James

Patrick James is the creator and founder of Cold Dead Hands and CDH, Inc. He is an author, gun enthusiast and avid outdoorsman who can be found chasing his passions 24/7’s. “I’d rather enjoy my life and skid sideways into the grave, worn out and beat up screaming that was a “helluva” ride than to never take chances and risk it all just to arrive in one pretty piece. Passion in all things is the key to a successful life.” ~ Patrick James

Having worked as a firefighter/EMT for several services throughout the years, he has also worked as a custom metal fabricator, certified personal trainer and chef. Growing up in the rural suburbs of Detroit, it was during his frequent trips to Northern Michigan where he learned of his love for hunting and fishing. Spending several of his adult years in upstate South Carolina, his love of extreme sports took root in the foothills of the Great Smokey Mountains as he learned to rock climb and kayak.

“Courage and perseverance have a magical talisman, before which difficulties disappear and vanish into air.” ~ John Quincy Adams

You can find his published work A Frail New World: Digital Conspiracy at: http://goo.gl/XNaDMe

You can also find more information regarding Mr. James at:

https://www.facebook.com/colddeadhands

https://www.facebook.com/patrickjames2a

https://www.facebook.com/patrickjamesphotog

https://www.linkedin.com/in/patrickjames2a

ATF: You can have it but you can’t use it “That way” What?

The Firearms and Ammunition Technology Division (FATD), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received inquiries from the public concerning the proper use of devices recently marketed as “stabilizing braces.”

These devices are described as “a shooter’s aid that is designed to improve the single-handed shooting performance of buffer tube equipped pistols.” The device claims to enhance accuracy and reduce felt recoil when using an AR-style pistol.

These items are intended to improve accuracy by using the operator’s forearm to provide stable support for the AR-type pistol. ATF has previously determined that attaching the brace to a firearm does not alter the classification of the firearm or subject the firearm to National Firearms Act (NFA) control.

However, this classification is based upon the use of the device as designed. When the device is redesigned for use as a shoulder stock on a handgun with a rifled barrel under 16 inches in length, the firearm is properly classified as a firearm under the NFA.

The NFA, 26 USCS § 5845, defines “firearm,” in relevant part, as “a shotgun having a barrel or barrels of less than 18 inches in length” and “a rifle having a barrel or barrels of less than 16 inches in length.” That section defines both “rifle” and “shotgun” as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder….” (Emphasis added).

Pursuant to the plain language of the statute, ATF and its predecessor agency have long held that a pistol with a barrel less than 16 inches in length and an attached shoulder stock is a NFA “firearm.” For example, in Revenue Ruling 61-45 (Note: unofficial excerpt of ruling found here), Luger and Mauser pistols “having a barrel of less than 16 inches in length with an attachable shoulder stock affixed” were each classified as a “short barrel rifle…within the purview of the National Firearms Act.”

In classifying the originally submitted design, ATF considered the objective design of the item as well as the stated purpose of the item. In submitting this device for classification, the designer noted that
The intent of the buffer tube forearm brace is to facilitate one handed firing of the AR15 pistol for those with limited strength or mobility due to a handicap. It also performs the function of sufficiently padding the buffer tube in order to reduce bruising to the forearm while firing with one hand. Sliding and securing the brace onto ones forearm and latching the Velcro straps, distributes the weight of the weapon evenly and assures a snug fit. Therefore, it is no longer necessary to dangerously “muscle” this large pistol during the one handed aiming process, and recoil is dispersed significantly, resulting in more accurate shooting without compromising safety or comfort.

In the classification letter of November 26, 2012, ATF noted that a “shooter would insert his or her forearm into the device while gripping the pistol’s handgrip-then tighten the Velcro straps for additional support and retention. Thus configured, the device provides the shooter with additional support of a firearm while it is still held and operated with one hand.” When strapped to the wrist and used as designed, it is clear the device does not allow the firearm to be fired from the shoulder. Therefore, ATF concluded that, pursuant to the information provided, “the device is not designed or intended to fire a weapon from the shoulder.” In making the classification ATF determined that the objective design characteristics of the stabilizing brace supported the stated intent.

ATF hereby confirms that if used as designed —to assist shooters in stabilizing a handgun while shooting with a single hand— the device is not considered a shoulder stock and therefore may be attached to a handgun without making a NFA firearm. However, ATF has received numerous inquiries regarding alternate uses for this device, including use as a shoulder stock. Because the NFA defines both rifle and shotgun to include any “weapon designed or redesigned, made or remade, and intended to be fired from the shoulder,” any person who redesigns a stabilizing brace for use as a shoulder stock makes a NFA firearm when attached to a pistol with a rifled barrel under 16 inches in length or a handgun with a smooth bore under 18 inches in length.

The GCA does not define the term “redesign” and therefore ATF applies the common meaning. “Redesign” is defined as “to alter the appearance or function of.” See e.g. Webster’s II New College Dictionary, Third Ed. (2005). This is not a novel interpretation. For example ATF has previously advised that an individual possesses a destructive device when possessing anti-personnel ammunition with an otherwise unregulated 37/38mm flare launcher. See ATF Ruling 95-3. Further, ATF has advised that even use of an unregulated flare and flare launcher as a weapon results in the making of a NFA weapon. Similarly, ATF has advised that, although otherwise unregulated, the use of certain nail guns as weapons may result in classification as an “any other weapon.”

The pistol stabilizing brace was neither “designed” nor approved to be used as a shoulder stock, and therefore use as a shoulder stock constitutes a “redesign” of the device because a possessor has changed the very function of the item.

Any individual letters stating otherwise are contrary to the plain language of the NFA, misapply Federal law, and are hereby revoked.

Any person who intends to use a handgun stabilizing brace as a shoulder stock on a pistol (having a rifled barrel under 16 inches in length or a smooth bore firearm with a barrel under 18 inches in length) must first file an ATF Form 1 and pay the applicable tax because the resulting firearm will be subject to all provisions of the NFA.

If you have any questions about the issues addressed in this letter, you may contact the Firearms and Ammunition Technology Division at fire_tech@atf.gov or by phone at (304) 616-4300.

Max M. Kingery
Acting Chief
Firearms Technology Criminal Branch
Firearms and Ammunition Technology Division

*This letter can also be found on http://www.atf.gov/content/Firearms/firearms-industry under the “News” tab.

Supreme Court Urged to Take Up San Francisco Gun Control Case

ROSEVILLE, CA / January 15, 2015 – No less than 12 state and national civil rights organizations filed a brief in the United States Supreme Court today for a lawsuit challenging a San Francisco gun control ordinance.

According to the plaintiffs’ petition for review, the city’s law “requires all residents who keep handguns in their homes for self-defense to stow them away in a lock box or disable them with a trigger lock whenever they are not physically carrying them on their persons.”

In the amicus (“friend of the court”) brief filed by attorneys Bradley Benbrook and Stephen Duvernay, the gun-rights groups argue that summary reversal of the Ninth Circuit Court of Appeals’ decision “is warranted because [it] is plainly contrary to Heller,” a landmark 2008 ruling that held the Second Amendment protects an individual–rather than a collective–right to keep and bear arms. But the groups also argue that the Supreme Court should hear the case in order to “clarify the standard governing Second Amendment challenges, and to confirm that courts must be guided by text and history rather than judicial interest balancing.”

While some Second Amendment lawsuits have been decided based on the “text, history, and tradition” standard used in Heller and McDonald v. Chicago, a 2010 Supreme Court decision that applied the Second Amendment to states and local governments, many lower courts have since applied weaker standards that lets most gun control laws stand.

“The Ninth Circuit’s lamentable decision in Jackson shows why it is the most overturned circuit court in the nation,” said Firearms Policy Coalition President Brandon Combs. “The Supreme Court should take up this case not only to correct a clear wrong, but to stem the tide of judicial resistance in recognizing the right to keep and bear arms as fundamental Constitutional rights.”

“The Second Amendment doesn’t protect second-class rights, and it’s time for courts to take the enumerated right to keep and bear arms at least as seriously as they do unenumerated rights like abortion.”

Parties to the amicus brief (in order of appearance) are:

  • Firearms Policy Coalition
  • Second Amendment Foundation
  • The Calguns Foundation
  • Firearms Policy Foundation
  • California Association of Federal Firearms Licensees
  • The Madison Society
  • Florida Carry
  • Hawaii Defense Foundation
  • Illinois Carry
  • Maryland Shall Issue
  • Commonwealth Second Amendment
  • Virginia Citizens Defense League
  • West Virginia Citizens Defense League

The brief can be viewed at https://www.firearmspolicy.org/wp-content/uploads/2015/01/14-704-Jackson-v-SF-amicus-2015-1-15.pdf.

Espanola Jackson, et al. v. City and County of San Francisco, et al., was filed in 2009 by lawyers for 6 San Francisco residents, the National Rifle Association, and the San Francisco Veteran Police Officers Association.