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Just in from Biden on gun control

My take on Biden's April 2021 gun control "by executive order" announcement:

1-- 80% complete "ghost gun" kits? I really couldn't care less. As long as people who bought these kits can either keep them and use them for their own personal use, OR sell them to the gov't at pre-COVID, pre-BIDEN fair market value prices. Because this should be morally treated as a public-benefit "taking" of private property, even if the Courts have not said so yet.

I was into guns and shooting for 40 years before companies started exploiting that loophole in federal law and producing what they call 80% finished gun frame / receiver kits. (Some of them I think are really 90+ or more complete). Having lived so many years without such products being sold anonymously to anybody, no questions asked, I'm not going to cry if the loophole is closed and such products become unavailable again.

2-- Arm Braces might turn a "pistol" into an SBR? Well, duh. That's a no-brainer. Nobody except maybe one handicapped veteran back in 2002 has ever used an "arm brace" for that purpose. They're really shoulder stocks and we all know it and we all have them EXACTLY for that feature.
So, again, this "loophole in federal law" was unknown for most of my lifetime, and while it's been fun to see it discovered and widely exploited in the last several years, I'm not really concerned about the feds closing that loophole and telling people to buy the NFA stamp or keep the gun in a true pistol configuration. But, HOW they ban them and what happens to all the hundreds of thousands of arm braces that are out there already DOES MATTER TO ME. The new law needs to have a grandfather clause OR an amnesty period combined with a "buy back" for fair market value compensation.

3- Federal model of "red flag" laws that states MAY adopt, but are not required to adopt as their own?
No big deal. The feds can suggest what they want; states don't have to pass legislation on this topic at all, and they don't have to follow the federally-suggested language. As to the specifics of a red flag law, we have no idea what it will look like. Will some right-wing gun nut hypothetical person get red-flagged and have the SWAT team raid his home and carry-away his gun collection for saying "I want to Kill Biden, Harris, and Pelosi, and I'll gladly help carry Emperor Trump back to the White House (may it stay forever white) on a golden throne." ?
Will some random dude, a middle level manager at an office, get red-flagged for making a crude sexual joke with the hot secretary, saying something about how he's got a big gun in his pants and she ought to try holstering that long barrel?
The exact wording of a Red Flag law will matter a lot, as will the amount of discretion of whatever judge or board or tribunal that decides to approve a red flag action that disarms some citzen.
 
"2-- Arm Braces might turn a "pistol" into an SBR? Well, duh. That's a no-brainer. Nobody except maybe one handicapped veteran back in 2002 has ever used an "arm brace" for that purpose. They're really shoulder stocks and we all know it and we all have them EXACTLY for that feature."

I tend to agree. I was not really concerned on the "brace" thing, but knew about the AR-pistols thing a good while. When I first got a look at one of these braces on a pistol, I thought to myself, "that's a SBR." In any event, IMO they should be grandfathered for those that bought them and installed them legally.
 
My take on Biden's April 2021 gun control "by executive order" announcement:

1-- 80% complete "ghost gun" kits? I really couldn't care less. As long as people who bought these kits can either keep them and use them for their own personal use, OR sell them to the gov't at pre-COVID, pre-BIDEN fair market value prices. Because this should be morally treated as a public-benefit "taking" of private property, even if the Courts have not said so yet.

I was into guns and shooting for 40 years before companies started exploiting that loophole in federal law and producing what they call 80% finished gun frame / receiver kits. (Some of them I think are really 90+ or more complete). Having lived so many years without such products being sold anonymously to anybody, no questions asked, I'm not going to cry if the loophole is closed and such products become unavailable again.

2-- Arm Braces might turn a "pistol" into an SBR? Well, duh. That's a no-brainer. Nobody except maybe one handicapped veteran back in 2002 has ever used an "arm brace" for that purpose. They're really shoulder stocks and we all know it and we all have them EXACTLY for that feature.
So, again, this "loophole in federal law" was unknown for most of my lifetime, and while it's been fun to see it discovered and widely exploited in the last several years, I'm not really concerned about the feds closing that loophole and telling people to buy the NFA stamp or keep the gun in a true pistol configuration. But, HOW they ban them and what happens to all the hundreds of thousands of arm braces that are out there already DOES MATTER TO ME. The new law needs to have a grandfather clause OR an amnesty period combined with a "buy back" for fair market value compensation.

3- Federal model of "red flag" laws that states MAY adopt, but are not required to adopt as their own?
No big deal. The feds can suggest what they want; states don't have to pass legislation on this topic at all, and they don't have to follow the federally-suggested language. As to the specifics of a red flag law, we have no idea what it will look like. Will some right-wing gun nut hypothetical person get red-flagged and have the SWAT team raid his home and carry-away his gun collection for saying "I want to Kill Biden, Harris, and Pelosi, and I'll gladly help carry Emperor Trump back to the White House (may it stay forever white) on a golden throne." ?
Will some random dude, a middle level manager at an office, get red-flagged for making a crude sexual joke with the hot secretary, saying something about how he's got a big gun in his pants and she ought to try holstering that long barrel?
The exact wording of a Red Flag law will matter a lot, as will the amount of discretion of whatever judge or board or tribunal that decides to approve a red flag action that disarms some citzen.

I think you are right on #1 and #2, the ATF had the power to allow these items to be 'a thing', and they have the power to change their mind. We saw that with bump stocks and this won't be any different.

I don't see how braces could be grandfathered though. I don't know of any that are serialized. It's like their proposal to put 10+ round mags under the NFA, completely unworkable. in the end they will probably just change all their determinations to go back to the old days of a bare buffer tube and call it a day.

The problem with #3 is that it's really just a placeholder for a federal 'red flag' law. They are simply teeing that up for Congress.
 
I think you are right on #1 and #2, the ATF had the power to allow these items to be 'a thing', and they have the power to change their mind. We saw that with bump stocks and this won't be any different.

I don't see how braces could be grandfathered though. I don't know of any that are serialized. It's like their proposal to put 10+ round mags under the NFA, completely unworkable. in the end they will probably just change all their determinations to go back to the old days of a bare buffer tube and call it a day.

The problem with #3 is that it's really just a placeholder for a federal 'red flag' law. They are simply teeing that up for Congress.
I'm not sure that "serializing" has much to do with 'grandfathering." IIRC, back during the 94-04 AWB magazines over 10 rounds were prohibited, but those that owned them were grandfathered and they aren't serialized.
 
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