WorldNetDaily has the story. Click the title link and read it, and you'll be prepped for the details that follow.
Here's a copy of the ATF refusal and demand. The Cliffs Notes version of what they're saying: Even if they hadn't converted it, it would be "readily restorable" because they could always put the chains, tape and ties back on. So he improperly tried to register it as a short-barreled rifle, when he should have registered it as a machinegun.
Because they're nice guys, they'll let him register it properly, but he must act now or they're going to seize it.
With that as background, here is Len Savage's response, titled "I Received Your Ultimatum":
Acting Director Sullivan,In other words, if he took them up on their "offer" and tried to re-register it as a machinegun without a guarantee of immunity, they would technically be able to come after him for committing "unlawful acts". His options are to risk losing an expensive piece of property to forfeiture proceedings, or to risk his livelihood and freedom defending himself from stepping into the trap of essentially being coerced into signing a confession.
Mr. John R. Spencer
Chief, Firearms Technology Branch
244 Needy Rd.
Martinsburg, WV 25405
Your letter (3311/2008-642) of July 22, 2008 informs Historic Arms LLC (hereafter the Company) that you are unwilling to consider re-examination and re-testing of the submitted firearm serial number V1. It was submitted by the Company to confirm that is was correctly registered and a request was made for it’s return upon completion of such confirmation.
Upon manufacture, the Company registered Serial Number V1 as a short barrel rifle on the ATF Form 2 “Notice of Manufacture” as is required by statute and regulations. On April 21, 2008 Serial Number V1 was shipped to FTB for verification that the Company was compliant with the registration requirements and in conformity with its classification as short barrel rifle. Your claim that it was improperly registered based on your use and addition of separate devices not submitted the Company, that are NFA firearms themselves, conversion devices, is self serving and specious.
As you are aware, the Company had no notice of a dispute in its classification of the questioned firearm as a short barrel rifle until June 10, 2008 letter (3311/2008-471) was received by the Company on June 16, 2008. That letter proclaimed that serial number V1 was classified as a machinegun for two reasons:
1). It is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.; and,
2). It is readily restorable to shoot automatically.
With all due respect, I reject the first reason out of hand. The firearm, serial number V1, was designed by the Company with specific intent to prevent more than one shot with single function of the trigger.
Equally meritless is your “readily restorable” characterizations of serial number V1. The firearm now in your possession was designed by the Company with specific intent to prevent it from being readily converted to shoot more than one shot with a single function of the trigger, your use of a separate conversion device in testing proves this. Restored is a word which not further defined in statute or regulation. Websters Dictionary defines restore as a transitive verb meaning to 1) to renew, rebuild, alter; 2) to put back into existence or use; 3) to bring back into former or original state. It is axiomatic that one must completely ignore the plain meaning of the verb “restore” to accept your interpretation of the “readily restorable” phrase as it appears in your letter. It raises the metaphysical question of whether a thing that never existed or never has been can be restored. To apply any meaning to your explanation for classifying serial number V1 as a machinegun, That is more than mere distinction -It is a real difference which raises a separate controversy, albeit one in which your argument is equally flawed.
It is most gracious of you to again offer the Company an opportunity to register the firearm, serial number V1, as a machinegun. However, I reject that offer as inappropriate in that it has the potential to expose the Company to criminal liability or adverse civil action against the license. The Company would be pleased to reconsider the offer if it were accompanied with a grant of immunity from criminal prosecution or adverse civil action against the licensee.
Your suggestion for forfeiture of Company property is an excellent solution to this most unfortunate controversy. The initiation of forfeiture proceedings by ATF against the firearm serial number V1, will afford the opportunity for both parties to be heard and will provide a fair and equitable determination of the issues while preserving all processes that are due for both parties.
Accordingly, the Company awaits notice of seizure of the property and the institution of forfeiture proceedings. Historic Arms LLC requests that this is done without delay. You will be notified without delay of the Company decisions for proceeding with forfeiture action upon receipt of notice.
Respectfully,
Len Savage,
President,
Historic Arm LCC
Those of you who have been watching things here and in other cases we've talked about, and slogging through the myriad documents, will see what's going on--this is another significant piece of evidence as to the true nature of this agency, and another significant glimpse into the hearts and minds that run it.
Still, there is a glimmer of hope in terms of overreach repercussions they're setting themselves up for. I can't reveal my source, but I am allowed to share with you a particularly insightful observation:
It is axiomatic that ATF won't back off its classification. Thing to do is pound on the illogic of that classification when juxtaposed with the "Error Table" document [see below--DC], and how application of the same test or whatever the [expletive deleted] you call what ATF did to your upper would result in a bunch of other machine guns. Is there any reliable estimate of how many uppers like that are out there, in circulation, as non-firearms? Seems to me like ATF is playing with the kind of fire (benzene, maybe) that can't be put out with water; the only way to put it out is to let it burn, in other words.
11 comments:
If they would lie-like-a-rug making the semi to be full-auto in the first place they will lie if they give him written 'immunity.' Nothing but a bunch of idiots would think that adding duct tape, chain(?) and tyraps doth a machinegun make. If those additions did make a machine gun, then countries around the world would have them in their arsenals. Everyone with half an lick of sense and one eye knows all it takes is a file (can I say that?).
Here's the huge problem with ATF in todays world. The citizens are getting sick and tired of government types stepping on our rights and coming up with endless scams to tax us more. Look at all the folks pouring out of CA to nearby states to get away from dishonest government. ATF has clearly shown themselves to be able to do anything that they darn well please and be able to get away with it. They can lie in a federal court of law through a U.S. government lawyer (private taxing information) to send an man to prison who has committed no crimes. Every dirty trick in the book is now being played out by ATF. That federal agency has no limits of abuse it can commit and be called on it by the people whom are to oversee such federal agencies. The problem we have here is the rotten apple effect. To allow ATF to keep acting in such unlawful ways will in due time spread to other federal agencies. What will come next. IRS will start a bank account in someone's name and deposit tens of thousands of dollars in that account. Then arrest that person and send them to prison for not reporting the money on their taxes. What is the difference to IRS doing something like that and what ATF is doing?
Bottom line: With federal agencies acting in such unlawful conduct and being giving a pass to get away with it is destroying our country. Every morning you wake up, you know today is going to be better than tomorrow because tomorrow government will be a little bit bolder and will take more by being unregulated and acting outside the laws. Accountability is all we are asking for.
Accountability is all we are asking for.
In concept, I agree with this idea. Accountability would be nice. (Real obeisance of any government to its own charter document would be even nicer.) However...isn't it getting to be painfully obvious that our biggest obstacle may be that we are still, in fact, asking?
On the plus side, though, it appears as though WND is getting less bashful about a proper attribution for David's work. :-)
I saw a short explanation of the NASCAR rules. Some big-name drivers have been disqualified for illegal car modifications, however minor, like a spoilier 1/8-inch too tall. NASCAR doesn't want anyone to have a hidden aero or mechanical advantage.
Suppose the car was all OK when turned over to NASCAR for impoundment until the race, but NASCAR OFFICIALS added something here, removed something there, and THEN declared a serious violation? I thing NASCAR Nation would be screaming for blood.
Ah, but if NASCAR did things like that, a new group would take their place. The government has made similar actions "illegal" and defines such as "terrorism". Must be nice to make the rules that protect your own dishonest hiney from proper retribution.
Let's look at this whole thing from another angle. By saying that using duct tape/metal tape/plastic ties or chain/metal plate/tension bolts makes something a machinegun then all semiautos (Remington 7400, Remington 1100, etc.) can then be clasified as such.
The only thing that this makes exempt is bolt actions and single shots, for now. They will find a way to get those classifed as machine guns also, like they can with double barrels.
A small aside here - I would like to look at the referenced document here, but I don't like the "eSnips" site. Mousing over the link to the pdf shows a shitpot full of hex characters, followed by a "force -DL" command.
Sorry, but I don't click on links that do weird shit like that, especially when standard HTML will display a PDF document with no problem. There's too many a$$holes out there who either think it's great fun to screw with others computers, or have more sinister and greedy motives.
Paranoid? Perhaps, but my machines aren't busy sending 300 MB of V-spam a day.
wait a minute.
did i miss something?
the ATF demonstrated to a private citizen how to turn a semiautomatic rifle into a fully automatic assault rifle with chain, duct tape, and zip ties?
and that costs, what, $20 for each rifle converted?
you know, come to think of it, i've never actually read their mission statement. i suppose it could reasonably have something about arming gangs to do battle against local government in there.
oh,hey!
let's just add it ourselves with some vocabulary, grammar and punctuation.
Isn't DC classifying any handgun that fires more than 12 rounds without reloading as a machinegun??
Wait...
If you can convert a semi-auto to full-auto with duct tape, tie wraps and chain, doesn't that make the assemblage a conversion kit?
Can't wait for BATF to start raiding Home Depot, Ace Hardware, Lowes and Sears. Come to think of it, those stores have all KINDS of illegal stuff... like shotgun barrels that are less than 18" in length (pipe).
I wish I could say I'm surprised by such ATF idiocy.
But frankly, I'm not.
The ATF should be abolished.
Anon: The conversion is one point of argument offered by Len Savage.
My questions is this:
If Len gets olofsonized by the courts, can he attach a "not-guilty" amendment to the court documents with plastic ties and duct tape?
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