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Chucktshoes

ATF will no longer rule on accessories

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The ATF has issued new guidance that it will no longer rule on the legality of accessories as a stand alone item. They must now be attached to a gun and the entire gun sent in and then will rule on that specific and exact configuration. 

This most definitely is fallout from the ATF losing that case last month where the guy’s defense used several guidance letters to convince the jury that he hadn’t made an SBR. 

 

https://www.recoilweb.com/atf-declares-it-will-no-longer-offer-classifications-on-accessories-submitted-144230.html

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15 minutes ago, McroidTN said:

So this is good right? 

No, it’s not. This is bad. 

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Just now, Chucktshoes said:

No, it’s not. This is bad. 

I agree, to a point.  At least it will stop all those individuals from asking, over and over again, about a certain accessory, such as the brace, when it had already been ruled legal.  But it does stop many from trying to come up with legal accessories that may be in question.

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I'm waiting for them to one day say that certain shapes of whiskey bottles are illegal because Ithey let you get drunk too fast .....

I mean if they can arbitrarily make decisions without a law they could do that too.

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Quote

 

So you configure the gun however you want it.  Clearly it's questionable.  So if the ATF issues an opinion that your configuration is not legal do they then charge you with building and shipping an illegal weapon?  Is this a backhanded way for them to not have to issue opinions anymore?

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9 minutes ago, 10-Ring said:

So you configure the gun however you want it.  Clearly it's questionable.  So if the ATF issues an opinion that your configuration is not legal do they then charge you with building and shipping an illegal weapon?  Is this a backhanded way for them to not have to issue opinions anymore?

That was my thought, sounds like a trap.  Then again, it's the ATF, the rules are made up and the laws don't matter

 

 

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Requiring a submitter to make a thing for submission and then charge them for making that thing is a bad faith action and not something I would worry about. Their ability to garner an indictment, let alone a conviction is highly unlikely in my estimation  

 

Here’s where this gets really bad for the end user. 

 

I’m thinking about buying a Springfield Saint Edge. Now let’s say Springfield has submitted that to the ATF and gotten back a guidance letter saying that in that specific configuration, it’s good to go. Sounds good, right? Now let’s say I want to add an angled fore grip to it. Now the configuration has changed and the letter no longer covers my gun. Change the grip to one I like better? Nope. Add a light? Nope. Optic? Nope. The letter only applies to the specific configuration submitted to the ATF. Any changes at all to the gun makes the clearance letter no longer applicable. The pistol market just took a huge hit. 

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14 hours ago, Chucktshoes said:

I’m thinking about buying a Springfield Saint Edge. Now let’s say Springfield has submitted that to the ATF and gotten back a guidance letter saying that in that specific configuration, it’s good to go. Sounds good, right? Now let’s say I want to add an angled fore grip to it. Now the configuration has changed and the letter no longer covers my gun. Change the grip to one I like better? Nope. Add a light? Nope. Optic? Nope. The letter only applies to the specific configuration submitted to the ATF. Any changes at all to the gun makes the clearance letter no longer applicable. The pistol market just took a huge hit. 

I don't think that is a worry.  

And this isn't as much as about individuals as it is accessory manufacturers.  This is about new items.  Can they use this new system against us somehow?  Sure.  They use everything against us.  But I don't think it will be the way that you have posted. 

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Are DA’s and Courts legally bound by ATF rulings? :confused:

 

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