ATF Is Ready To Ban 80% Lowers, Braces, & AR/AK Pistols - Episode 94

Published on October 6, 2021
Duration: 31:24

This episode discusses potential ATF rule changes impacting 80% lowers, firearm serialization, and AR pistol braces. Retired ATF Special Agent Dan O'Kelly explains the broad definitions of 'receiver' that could include uppers, bolt carriers, and handgun slides, requiring serialization. He highlights the significant ripple effects on manufacturers, dealers, and collectors, particularly concerning pre-1968 firearms and valuable collector pieces. The discussion also touches on the ATF's limited firearms training for its agents and the potential for these new rules to face legal challenges.

Quick Summary

Retired ATF agent Dan O'Kelly discusses potential ATF rule changes that could impact 80% lowers, AR pistol braces, and firearm serialization. These changes might redefine 'receiver' to include uppers and bolt carriers, requiring serialization and potentially impacting DIY builds and collector firearms.

Chapters

  1. 00:00Introduction and Sponsor
  2. 00:27Host Introduction and Guest Introduction
  3. 01:00Interview with Dan O'Kelly
  4. 03:01Update on 80% Lowers and AR Lowers
  5. 04:45Serialization Requirements for Firearm Components
  6. 05:52Impact on Handgun Slides
  7. 08:02Application to States like California
  8. 09:53Application to Pre-Law Change Firearms
  9. 12:17FFL Handling of Older Firearms
  10. 13:50Impact on Collector Firearms
  11. 15:14Constitutional Challenges and Legal Opinions
  12. 16:04ATF's Authority and Rulemaking Process
  13. 17:40Other ATF Actions: Pistol Braces and Bump Stocks
  14. 18:50Concerns about 'Could Be Used As' Scenarios
  15. 21:17Future Anti-Gun Measures
  16. 22:14ATF's Convoluted Letter Rulings
  17. 23:05Do ATF Agents Know What They're Talking About?
  18. 24:09ATF Academy Firearms Training Deficiencies
  19. 25:51Dan O'Kelly's Firearms Training Seminar
  20. 29:02Gaps in ATF Agent Firearm Knowledge
  21. 30:02Future Topics and Conclusion
  22. 30:27Podcast Outro and Membership Drive

Frequently Asked Questions

What are the potential ATF changes regarding 80% lowers?

The ATF is considering a new rulemaking that could redefine 'receiver' to include components like AR-15 uppers and bolt carriers. This would require these parts to be serialized, impacting the availability and legality of 80% lowers and DIY firearm builds.

How might ATF rules affect AR pistol braces?

A proposed ATF rule categorizes pistol braces based on features suggesting use as a shoulder stock. If a brace is deemed likely to be used as a shoulder stock, the firearm could be classified as a Short Barreled Rifle (SBR), requiring NFA registration.

What are the concerns about ATF agent firearm knowledge?

Retired ATF agent Dan O'Kelly suggests that ATF agents receive limited firearms training, potentially leading to misunderstandings and broad regulatory definitions. He contrasts this with comprehensive training programs available to industry professionals and citizens.

What is the impact of proposed ATF rules on collector firearms?

For pre-1968 firearms that lack serial numbers, proposed ATF rules would require FFLs to serialize them if traded or resold. This could significantly devalue rare and collectible firearms that were originally unmarked.

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