ATF is at it again! - Interview with Dan O'Kelly

Published on March 23, 2021
Duration: 27:02

This video features an interview with Dan O'Kelly discussing recent ATF actions and interpretations regarding firearms. Key topics include the ATF's definition of a firearm receiver, the legality of '80% lowers' and 'buy build shoot' kits, and the controversial concept of 'indexing'. O'Kelly explains that parts must meet specific criteria to be considered receivers and that ATF opinion letters do not hold the force of law. The discussion also touches on political influences on ATF rulings and the lack of accountability for the agency.

Quick Summary

The ATF defines a firearm receiver as a part that houses the hammer, bolt/breech block, firing mechanism, and receives the barrel. Parts not meeting all four criteria, like many '80% lowers,' are not legally considered receivers or firearms, despite ATF claims. ATF opinion letters lack the force of law; only published rulings are binding.

Chapters

  1. 00:00Introduction & Sponsor
  2. 01:41ATF Issues & Lightning Links
  3. 02:30What is a Lightning Link?
  4. 03:42Auto Keycards & ATF Raid
  5. 04:24ATF's Concept of Indexing
  6. 05:43US v. Prince Case & Indexing
  7. 07:05Political Influence on ATF
  8. 07:24Historical ATF Rulings (Street Sweepers)
  9. 08:13Bump Stocks & Presidential Influence
  10. 08:29ATF's Gray Area Decisions
  11. 09:10Opinion Letters vs. Official Rulings
  12. 10:09Cost of Legal Defense
  13. 10:21Odds of Convicting Auto Keycard Owner
  14. 11:27Tommy Built Tactical Issue
  15. 12:05ATF Claims T-36 Receiver is Illegal
  16. 12:35Definition of a Receiver
  17. 13:38ATF Agents Visiting 80% Frame Dealers
  18. 14:15Is There Such a Thing as an 80% Lower?
  19. 15:55Polymer 80's Interpretation
  20. 16:28ATF Violating Constitutional Rights
  21. 17:20Lack of ATF Oversight & Repercussions
  22. 17:24Geminis Case & Loretta Lynch Letter
  23. 18:07ATF's Slow Pace on Definition Rewrite
  24. 19:53Current Situation with Receivers
  25. 20:01US Attorney's Office Not Prosecuting
  26. 20:39Felon Convicted for Straw Purchasing Lowers
  27. 22:10ATF Accountability Act of 2021
  28. 22:56Congressional Efforts to Regulate ATF
  29. 23:12Oversight and Checks & Balances
  30. 23:50Polymer 80 Case Details
  31. 24:06ATF Raiding Homes for 'Buy Build Shoot' Kits
  32. 24:36ATF's Argument: Readily Convertible
  33. 25:19Judges Rule Against 'Buy Build Shoot' Kits
  34. 25:54Follow for Updates & Online Training
  35. 26:43Conclusion & Thanks

Frequently Asked Questions

What is the ATF's definition of a firearm receiver?

According to federal regulations (478.11), a firearm receiver must be a singular part that houses the hammer, the bolt or breech block, the firing mechanism, and receives the barrel. If a part does not meet all four of these criteria, it is not legally considered a receiver or a firearm by the ATF.

Are '80% lowers' considered firearms by the ATF?

The ATF has controversially claimed that unfinished receivers, often referred to as '80% lowers,' are subject to regulation. However, legal experts and court rulings indicate that these parts often do not meet the ATF's own definition of a receiver, as they typically only fulfill one of the four required elements.

What is the ATF's stance on 'lightning links'?

The ATF considers 'lightning links,' also known as auto connectors, to be machine guns. They fall under definition 3 of the National Firearms Act, which classifies any device solely and exclusively designed and intended to convert a semi-automatic firearm into a machine gun as a machine gun itself.

Do ATF 'opinion letters' have the force of law?

No, ATF 'opinion letters' do not have the force of law. For a ruling to have legal effect, the ATF must publish a notice of proposed rulemaking in the Federal Register, allow for public comment, and then officially adopt the rule. Opinion letters represent an individual's interpretation within the agency.

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