Armory Sponsor
Posted: 8/8/2013 10:43:50 PM EDT
|
by Jeff Knox Agents from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, or ATF, have begun confiscating gun parts known as drop-in auto sears, or DIAS. A DIAS is a simple toggle device which, when installed in an AR-type rifle, along with several other critical fire-control parts, can convert a semi-auto AR into a full-auto assault rifle. The devices were originally unregulated, but in 1981 ATF declared them to be machine guns if possessed in conjunction with the other parts needed to make a conversion, but the agency made their new determination apply only to DIAS’s manufactured after November 1, 1981. Now ATF is apparently using the records of a man who openly sold the devices for decades to track down purchasers and take their property as contraband – with the real possibility of then prosecuting those people. One of the reasons gun owners tend to be completely opposed to the passage of any new gun laws – no matter how innocuous or reasonable seeming – is the erratic history of interpretation and enforcement of the current gun laws. This is also why I cringe every time I hear someone who supposedly supports gun rights – from politicians to the head of the NRA – calling for the feds to "enforce the laws already on the books." The fact is, the gun laws that are already on the books are a labyrinth of confusion and booby-traps full of open-ended mandates, ambiguous definitions, and unbridled bureaucratic discretion. Many innocent people have had their lives and livelihoods completely destroyed when federal agencies have decided to "enforce the laws already on the books." The law that was on the books up until 1981 said that a DIAS was just a chunk of metal unless it, along with at least 3 other "full-auto" parts, was actually installed in a gun without prior ATF approval. Then in 1981, ATF bureaucrats, at their own discretion and under their own authority, redefined them as machine guns, but in their decree, they included the following exception: "With respect to the machine gun classification of the auto sear under the National Firearms Act, pursuant to 26 U.S.C. 7805(b), this ruling will not be applied to auto sears manufactured before November 1, 1981. Accordingly, auto sears manufactured on or after November 1, 1981, will be subject to all the provisions of the National Firearms Act, and 27 C.F.R. Part 179." For the following 30+ years, it was widely understood that any DIAS manufactured prior to November 1, 1981, was "grandfathered" and not subject to the rules regulating machine guns, and that it could be legally possessed so long as the possessor did not also possess either an AR15 rifle into which the auto sear could be installed, or the other necessary M16 conversion parts. The belief in the legality of DIAS possession was so prevalent that a variety of sources continued publicly selling drop-in auto sears that they claimed were manufactured before ATF's arbitrary cutoff date. Such DIAS's were widely known as "Pre-81 Drop-In Auto Sears" and were routinely advertised in various firearms publications and on-line auction sites. In 1986, the Firearm Owners' Protection Act was passed with an amendment forbidding the future civilian transfer of any machine gun manufactured after May 19, 1986. There was also a provision strengthening the definition of machine gun to include any part designed or intended exclusively for the purpose of converting a gun into a machine gun. These two provisions meant that possession of a DIAS – even without a gun to put it in or the other needed parts – was a felony, and that a DIAS could only be legally registered by someone specially licensed to manufacture machine guns for the military and law enforcement – and then could only be possessed by a military or law enforcement agency. The belief that pre-81 DIAS's were exempt continued in spite of a ruling in 1998 from the US Court of Appeals for the 7th Circuit which declared that the ATF did not have the authority to "grandfather" or exempt pre-81 DIAS's. That determination was not widely reported, nor was there any apparent effort on the part of ATF to enforce the ruling. In May of this year, the determination of the 7th Circuit was echoed, and expanded upon by judges in the Court of Appeals for the 6th Circuit. I wrote a column at the time warning that not only DIAS’s, but a variety of other firearms and devices that have long been understood to be fully legal, are actually completely illegal (at least in those Circuits) and that the owners of these devices everywhere are in jeopardy. The fact that the same conclusion has been reached in two different Circuits means that it is very likely that the other Circuit Courts will follow the same line of reasoning and reject any claims of exemptions based on prior ATF determinations. It appears that ATF might be endeavoring to expedite that process as I am aware of attempts by the agency to locate and confiscate pre-81 DIAS devices in the jurisdictions of both the 1st Circuit and the 3rd Circuit. Thousands of people are now at extreme risk for possessing items that ATF has explicitly told them it is legal for them to have. Confiscations of drop-in auto sears could be just the tip of the iceberg, as ATF could start going after other "grandfathered" items such as open-bolt MAC and KG type pistols, Browning "G Series" Light Rifles, and certain other guns and devices. Anyone who owns one of these devices should seek qualified legal counsel immediately. Anyone who is contacted by ATF inquiring about such devices should refer them to counsel and also contact The Firearms Coalition to let us know about it. As I have said before, while the rhetoric surrounding gun control always talks about targeting criminals and public safety, the reality is that enforcement of these laws is always aimed at regular gun owners whose only crime is believing that they are committing no crime. The target of gun control isn't criminals, it's us. The objective of these laws is to make us criminals and make lawful gun ownership too difficult and dangerous to attempt. Permission to reprint or post this article in its entirety is hereby granted provided this credit and link to www.FirearmsCoalition.org is included. http://www.buckeyefirearms.org/printable/node/9047 |
|
Quoted:
Are you guys referring to the company called "suppressor-on" or something who advertised on the shotgun news a while ago? If my memory serves me correct, they advertised it as pre-81 drop in auto sear. ATF busted the owner of su-press-on and he's doing federal time now. This is more fallout from that case. |
|
Let me be the first to say I hate this kind of crap, but this "law on the books" stuff is misleading.
The "law on the books" as passed by Congress is that a conversion device, such as the AR15 DIAS, is a MG. There was an administrative ATF ruling, which also carries the force of law, creating the pre-1981 scenario. (IIRC, even those are illegal if you had an AR15.) Other higher level courts came along and said that the ATF had no legal authority to make such a distinction, thereby undoing the ATF ruling, and returning the definition to what can be found in the US Code regardless of manufacturing date. An unfortunate thing about life is that laws change, as do the way they are interpreted due to court rulings. We see this all the time as decisions make their way up the legal chain, sometime all the way to SCOTUS. If one doesn't want to be visited by the ATF, one should not play with borderline illegal objects. Everybody who bought a DIAS knows the design intent behind the object. |
|
What about the original 'first batch' of SWD Auto-Connectors?
Daniels sold them, for awhile, then, the ATF ruled that the device in and of itself was a MG. Were they amnestied, Grandfathered, confiscated? (the latter being impossible if cash-carry at a gun show.) Also, back in the day, I read they sold suppressors, SWD would sell the can, maybe a few tables over a cohort would sell screens\baffles, and wipes? Maybe Tony K had a post on this subject, am Too whupped to dig through the archives. I suppose the Original SWD A-C's did not even have a S\N. |
|
Quoted:
What about the original 'first batch' of SWD Auto-Connectors? Daniels sold them, for awhile, then, the ATF ruled that the device in and of itself was a MG. Were they amnestied, Grandfathered, confiscated? (the latter being impossible if cash-carry at a gun show.) Also, back in the day, I read they sold suppressors, SWD would sell the can, maybe a few tables over a cohort would sell screens\baffles, and wipes? Maybe Tony K had a post on this subject, am Too whupped to dig through the archives. I suppose the Original SWD A-C's did not even have a S\N. Don't know anything about pre-registerable Auto Connectors. Prior to FOPA86, silencer parts were unregulated. You could have anything but the registered tube. |
|
Quoted:
He was an ATF informant who went off the res and got tagged for it. Of course he had good records. Quoted:
Quoted:
Bet a lot of people are hoping he did not keep good records! He was an ATF informant who went off the res and got tagged for it. Of course he had good records. I remember people saying he was, but never saw any proof to that effect. He only took postal MO's for them, I guess there might be a record that way, but I'm not sure they do keep copies of every MO cashed. I don't even think they keep records of who buys them for that matter, they just put in the amount and print them. |
|
Quoted:
I remember people saying he was, but never saw any proof to that effect. He only took postal MO's for them, I guess there might be a record that way, but I'm not sure they do keep copies of every MO cashed. I don't even think they keep records of who buys them for that matter, they just put in the amount and print them. Quoted:
Quoted:
Quoted:
Bet a lot of people are hoping he did not keep good records! He was an ATF informant who went off the res and got tagged for it. Of course he had good records. I remember people saying he was, but never saw any proof to that effect. He only took postal MO's for them, I guess there might be a record that way, but I'm not sure they do keep copies of every MO cashed. I don't even think they keep records of who buys them for that matter, they just put in the amount and print them. He wasn't an ATF informant. I actually ran across him at a local gun show several years ago. I saw what he had on the table and recognized it instantly. In the few minutes that it took me to read his handout on why they weren't illegal, two people came up, gave him $100 cash and walked away with one. |
|
Wow. Did not know they were sold so openly and so recently. (aside from SGN)
Not be good for market prices were there to be another bill to the law and an Amnesty Period. For a pre-pre- whatever it would be. The crux of the matter would be that the loophole was sewn shut long ago. Bottom line, FALK and bolt needed, correct? Constructive Intent, think it's called. BUSTED. |
|
Quoted:
Constructive Intent, think it's called. Constructive Possession is what I keep reading. "Intent" is the stupid myth that wont die. When that slap head in Wisconsin got busted for that MG he'd loaned out... the ATF worked real hard to get it tofire full auto so the could prosecute the Moron. How they'd prosecute for the simple possesion of one of these gadgets is puzzling to me. |
|
Quoted:
Constructive Possession is what I keep reading. "Intent" is the stupid myth that wont die. When that slap head in Wisconsin got busted for that MG he'd loaned out... the ATF worked real hard to get it to fire full auto so the could prosecute the Moron. Intent (not constructive intent) is a bit of a different animal and no myth. Intentionally introducing full auto parts into a semi auto weapon so as to create multiple slam fires with a single trigger pull will get you into trouble if discovered. IIRC, that "slap head" testified that "he knew what he was doing", or something to that effect. |
Armory Sponsor