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Ghost Guns vs Well Regulated Militia vs NRA fringe

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Posted on July 29 2018

 

 

Ghost Gun meets 3D printing...

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."



What is a ghost gun?

A firearm that lacks a serial number or other traceable information, thereby making these firams unregistered and unserialized. There are a few distinction that tend to get overlooked. Traditional firearms per federal law ARE required to affix a traceable serial number. Whereas the advancement in 3-D printing that allows individuals to buy, print and otherwise manufacture firearms.

What is the 80% lower receiver 

Per the Bureau of Alcohol FireArms Tobacco (ATF):

Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the GCA. The ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm per the GCA.

 

 

Back in 2015 Wired Magazine Published the following article, it’s an excellent primer to understand “ghost guns”, 3D printing, Regulatory loopholes, what’s legal vs illegal and the Governmental Regulations

 

 

 

 

 

Pursuant to: 18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105 and later clarified by the ATF regarding individuals “DYI” making a gun for personal use:

No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

 

In January of 2015, the AFT published: ATF Rul. 2015-1. The intent was to further clarify ATF Rul. 2010-10, found here

ATF Rul. 2015-1

Held, any person (including any corporation or other legal entity) engaged in the business of performing machining, molding, casting, forging, printing (additive manufacturing) or other manufacturing process to create a firearm frame or receiver, or to make a frame or receiver suitable for use as part of a “weapon ... which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” i.e., a “firearm,” must be licensed as a manufacturer under the GCA; identify (mark) any such firearm; and maintain required manufacturer’s records.

Held further, a business (including an association or society) may not avoid the manufacturing license, marking, and recordkeeping requirements of the GCA by allowing persons to perform manufacturing processes on blanks or incomplete firearms (including frames or receivers) using machinery, tools, or equipment under its dominion and control where that business controls access to, and use of, such machinery, tools, or equipment.

Held further, this ruling is limited to an interpretation of the requirements imposed on persons under the GCA, and does not interpret the requirements of the National Firearms Act, 26 U.S.C. 5801 et. seq.

ATF Ruling 2010-10 is hereby clarified.

Date approved: January 2, 2015

 

You can read the entire 6 page ATF Ruling 2015-1 here.  

One of the problems indentfied by the ATF and numerous gun safety advocates is, Congress’ failure to legislate the inherent loophole contained in the 80% language. More percisely individuals who are precluded from owning a firearm (predicated on previous adjudication, often times directly related to Domestic Violence, or mental instability) can literally click on the internet, pay a few hundred dollars and they can literally print and/or mill an unserialized/unregistered firearm.

In fact there are numerous websites that market themselves as:

 

 

These websites proudly state:

And yes, while the State Department and Wilson (3D Print a Gun creator) did enter into a settlement that now allows some of his 3D prints to be published. I don’t think this fight is over.

New Jersey SENATE Bill No. 2465:

Introduced in late April 2018, see full text of bill here, which reads in part:

 

Establishes crime of purchasing components to unlawfully manufacture untraceable firearms.

Purchasing firearm parts to manufacture untraceable firearm.  In addition to any other penalty imposed under current law, a person who purchases separately or as a kit any combination of parts from which a firearm may be readily assembled with the purpose to manufacture an untraceable firearm is guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this subsection shall not merge with a conviction for any other criminal offense and the court shall impose separate sentences upon a violation of this subsection and any other criminal offense. 

As used in this subsection, “untraceable firearm” means an unlawfully manufactured firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement officials.

 

Overlooked by those in the MSM is this June 2018 Notice and Cease & Desist Letter from the New Jersey Attorney General:

Each of these companies sell nearly-complete firearms, often with the parts needed to finish them, and even train their buyers on how to complete these weapons. These companies call their products “ghost guns” because these firearms have never been registered and do not have serial numbers. In fact, these manufacturers have even been explicitly advertising “unregistered and unserialized builds” of assault rifles to New Jersey consumers via their websites.

 

Further many overlooked the Brady Campaign and Giffords Law Center’s joint Amicus letter regarding the Wilson & State Department Settlement. The parties highlight numerous mitigating factors. Specifically allowing these 3D print files on the internet, could mean those who mean to do our Country harm can simply click on a file and can print as many AR15s or other firearms they want to, with minimal cost and zero oversight. Their letter reads in part. 

 

Does not adequately protect the nation’s national security, foreign policy and anti-terrorism interests, and also questioned whether the proposed rules adequately addressed around the contemplated changes.

Department of Justice and State Department have suddenly and
completely reversed themselves about the threats to public safety posed by plaintiffs’ proposed actions. The resulting settlement agreement, if carried through, threatens to undermine national
security and the national defense of the United States by authorizing the posting and downloading of computer files allowing the fabrication of dangerous make-at-home firearms by any person anywhere in the world. These are the very concerns which prompted the government’s
intervention in the first place.

Pursuant to the terms of the Settlement Agreement, counsel for the Government is prohibited from filing a stipulation of dismissal with this Court any earlier than 5 business days after announcement of the “temporary” modification to the USML Category I list and issuance of a letter to the plaintiffs that their files are approved for public release in any form and exempt from ITAR.

 

My point is the Brady Center & Giffords Law Center present reasonable and well thought out concerns as it relates to our Country’s National Security, specifically giving Terrorist the ability to print as many guns as they want. Notwithstanding this also creates yet another strain on our already over strained Federal Agencies such as the ATF, DOJ, FBI and our Intelligence Community writ large.

In 2016 MotherBoard and Vice News teamed up and produced this documentary surrounding 3-D point, click, print a gun. And Cody Wilson explains his rationale and reason he continues to fight our Government. It’s a worthwhile article to read and the documentary provides both sides of this argument.

 

And YES, while there are Federal Laws (see above referenced ATF 6 page memo) it is impermissible buy or manufactured “undetectable firearms”, see ATF definitions here.

See USA v Crownshield 2014 Indictment:

 

 one of the blanks and assembled a jig around the blank. Crowninshield then directed the UC to place the blank into a CNC machine, owned by Crowninshield at C&G Tool and used to mill out machine parts. Crowninshield then directed the UC to close the safety door on the CNC machine and to hit a specific button to start the machine.

During this time, the UC observed another customer that appeared to be doing the same thing at another machine. The UC overheard Crowninshield and another employee discussing a customer purchasing blanks. These blanks were known colloquially as blanks because they purportedly constituted 80 percent of a completed firearm and could be milled out at machine shops into completed firearms. The UC inquired if Crowninshield sold such blanks. Crowninshield showed the UC an inventory of such blanks for sale. The UC purchased a blank for $260, a gray blank for $180, and an aluminum blank for $160, all from Crowninshield.

See USA v Crowninshield “Dr. Death” plea agreement

Crowninshield advertised such services on at least one online firearm enthusiast forum.  This website mainly consists of forums where people ask and answer questions related to firearms.  Crowninshield, using the moniker Dr-Death was a prolific poster on the website.  Additionally, other members frequently posted about Dr-Death, including review of service provided and recommending that other users visit his shop.

“The manufacturing and unlicensed sale for profit of high-capacity firearms is a serious threat to public safety,” said U.S. Attorney Wagner.  “We will continue to vigorously investigate unlicensed gun dealers and prosecute violations of the federal firearms laws.”

“Daniel Crownshield aka Dr. Death owned and operated a machine shop where he allowed customers with unknown backgrounds to use his machinery to unlawfully manufacture firearms for profit,” said Special Agent in Charge Jill A. Snyder for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  “ATF regulates the firearm industry and it is illegal to manufacture and sell firearms without possessing a federal firearms license and without conducting background checks.  ATF’s goal is to keep firearms out of the hands of prohibited individuals and prevent violent crime.”

 

See ANDREW M. SANTILLI and DEMETRIUS WILSON, a/k/a “J”

As detailed on page 8 of the Indictment, which reads in part:

 

According to UC-1 and the audio recording, UC-1 said he/she was about to take a trip to Knoxville, Tennessee. WILSON asked if UC-1 could obtain a firearm for WILSON. UC-1 responded that he/she was planning to attend two gun shows in Tennessee. UC-1 also explained that he/she converted firearms into “ghost guns,” meaning a firearm constructed with a frame or receiver that does not bear a serial number, making the firearm difficult to trace to a specific manufacturer and/or place of origin. UC-1 asked if WILSON would be interested in purchasing a “ghost gun.” WILSON said yes, adding that he was looking for a “nine [9-milimeter handgun],” “forty [.40 caliber pistol],” or “four five [.45 caliber pistol].” UC-1 clarified, “Just a handgun?” WILSON said, “Yep.” UC-1 said he/she would contact WILSON after returning from the gun shows in Tennessee. Shortly thereafter, at approximately 8:56 pm, UC-1 exited the apartment building, entered his/her covert vehicle, and departed the area.

 

See DOJ’s February OPA Release of Individuals charged in illegal gun trafficking, it’s a rather lengthy Press Release, citing some 30+ individuals charged in Operation Safer Neighborhoods. Also keep in mind this was secular to Stockton. CA.  The DOJ OPA Release reads in part:

“At ATF we are committed to making all our communities a safe place,” said Special Agent in Charge Jill Snyder, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives. “Firearms trafficking is a dangerous activity. It results in guns ending up in the hands of criminals and gang members who engage in criminal activity regardless of whether that endangers lives. It only takes one round from one gun to end a life. Our efforts to combat gun related crime has spanned across the district. From 2016 to 2018, ATF agents seized 1,890 firearms within Stockton, Fresno and Sacramento areas. That is 1,890 that were involved in criminal activity and are now off the streets of our community.”

 

As previously discussed in early May, many States are attempting to fix the loophole Congress continues to ignore. See Connecticut’s proposed legislation addressing the “ghost gun” problems in their state. Entry can be found here. Case in point when the State of California passed Assembly Bill 857, and signed into law by Governor Brown, the new law reads in part:

 

 

(effective July 2018) any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification,or whenever the manufacturer’s number or other mark of identif i cation or distinguishing number or mark assigned by the department has been destroyed or obliterated.

 

To which the NRA went full NRA. And by full NRA I mean they issued this March 2018 notice to its members. Then for good measure the NRA had their attorneys draft and send this 17 page letter.

 

My point is, click, print and fire “ghost guns” are not regulated, much less “well regulated” yet Congress refuses to legislate closing the 80% loophole, thereby allowing anyone with a computer, 3D printer and a few hundred bucks, they can literally print as many untraceable guns as possible. How does that make any sense? Oh wait never mind.

Because clearly here in America we don’t have a gun problem, oh wait yes we do. See FBI Active Shooter Report here, here, here Or the copious twitter threads for example:

 

 

 So much dark money”

 

To Russia from Butina with love 

 

 

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