Gun Gripes #146: "Upcoming ATF Rulemaking Deadline"

Published on January 20, 2018
Duration: 26:49

This video features Rick Vasquez, a retired ATF Assistant Chief of the Firearms Technology Branch, discussing upcoming ATF rulemaking concerning bump stocks and binary triggers. Vasquez clarifies the ATF's original technical and statutory basis for approving these devices and explains the current regulatory process, emphasizing the importance of public comments. He warns about the potential for regulations to gain the force of law and impact future firearm accessory legality, urging viewers to submit professional and informed comments.

Quick Summary

The ATF is undergoing a rulemaking process that could redefine machine guns, impacting devices like bump stocks and binary triggers. A public comment period is open, allowing citizens to submit feedback. Historically, these devices were deemed legal based on existing statutes. The proposed regulation could grant the force of law to new definitions, potentially leading to penalties for possession. Experts urge professional, informed comments and contacting representatives to influence the outcome.

Chapters

  1. 00:00Introduction: Emergency Gun Gripe
  2. 00:34Guest Introduction: Rick Vasquez (Former ATF)
  3. 01:04Vasquez's ATF and Law Enforcement Experience
  4. 02:26Importance of Regulations and Statutes
  5. 03:04Confusion Around Bump Stock Ruling
  6. 03:23ATF Comment Period Explained
  7. 04:04Comparison to 41F Rulemaking
  8. 04:30Original ATF Determination on Bump Stocks
  9. 05:37ATF Approval of Binary Triggers
  10. 05:53Political Influence After Las Vegas Shooting
  11. 06:43Mandate for ATF to Write Regulation
  12. 07:02ATF's Role in Gun Control Act
  13. 07:13ATF's Hierarchy: Law, Regulations, Rulings
  14. 08:02Need for Congress to Change the Law
  15. 08:36ATF as a Political Target
  16. 09:27What to Expect in the New Regulation
  17. 09:40Advanced Notice of Proposed Rulemaking
  18. 10:00How to Submit Effective Comments
  19. 10:32Professionalism in Public Comments
  20. 11:11Public Record and Comment Verification
  21. 12:23Impact of a Negative Regulation
  22. 13:02Regulation Strength and Possession Penalties
  23. 13:40Potential New Definition Focus (Recoil/Reset)
  24. 14:34Common Sense vs. Regulation Interpretation
  25. 15:12Police Officer Awareness of NFA Laws
  26. 16:05Proving Innocence After Firearm Seizure
  27. 16:23Importance of Comments and Contacting Representatives
  28. 16:48Regulation Gaining Power Over Law
  29. 17:06Public Action and Future Implications
  30. 17:21Slippery Slope Concerns
  31. 18:35Crime Rates in Areas with Strict Gun Laws
  32. 19:04Personal Perspective on Rights and Laws
  33. 19:31Having a Say in Rulemaking
  34. 19:53Due Process and Representation
  35. 20:14Opportunity to Notify Congressmen/Senators
  36. 20:48Can We Effect Change?
  37. 21:26Key Takeaway: Leave a Comment
  38. 23:35Delicate Nature of These Situations
  39. 23:43Setting the Record Straight
  40. 24:03Call to Action: Comment Period Details
  41. 24:45Representatives' Re-election Concerns
  42. 25:02Rick Vasquez's Consulting Services
  43. 25:17FFLGuard Services
  44. 25:33Positive Experience with FFLGuard
  45. 25:46Thank You and Conclusion
  46. 26:23Final Thoughts: Fight for Your Rights

Frequently Asked Questions

What is the ATF's current rulemaking process regarding bump stocks and binary triggers?

The ATF has opened a public comment period for a proposed rulemaking that could redefine what constitutes a machine gun. This process allows the public to submit feedback, which the ATF is expected to consider before finalizing any new regulations. This is a critical opportunity for citizens to voice their opinions on potential changes to firearms laws.

How did the ATF originally classify bump stocks and binary triggers?

The ATF's Firearms Technology Branch initially evaluated bump stocks and determined they did not meet the definition of a machine gun based on existing laws and regulations. Similarly, binary triggers were approved because they do not allow a firearm to fire more than one shot with a single trigger pull, thus not meeting the statutory definition of a machine gun.

What is the significance of the ATF's public comment period?

The public comment period is a crucial part of the rulemaking process where citizens and industry stakeholders can provide input. Submitting professional, well-reasoned comments can influence the final regulation. It's an opportunity to explain why proposed changes might be technically incorrect, legally flawed, or have unintended consequences.

What are the potential consequences of the new ATF regulation?

If enacted, the new regulation could have the force of law and potentially classify currently legal firearm accessories as illegal machine guns. This could lead to penalties for possession, requiring owners to abandon or surrender such items. There's also concern about a 'slippery slope' where more common firearm components could be targeted in the future.

How can individuals effectively influence the ATF's rulemaking process?

Individuals can influence the process by submitting thoughtful, professional comments during the public comment period and by contacting their elected representatives. Comments should be factual and respectful, explaining concerns about the proposed regulation. Contacting legislators can urge them to address the issue through statutory changes rather than regulatory ones.

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