Open Bolt Semi Auto LEGAL Or NOT Fudd Busters & SHF Walt

Published on September 10, 2021
Duration: 28:59

This discussion debunks the common myth that all open-bolt semi-automatic firearms are illegal. Experts clarify that ATF rulings and opinion letters, not actual law passed by Congress, are the source of this confusion. The key factor for legality is whether a firearm was designed to shoot full-auto, not its bolt operation. The conversation highlights the dangers of relying on forum interpretations and emphasizes the need for clear, written legal guidance.

Quick Summary

The common belief that open-bolt semi-automatic firearms are illegal is a myth. The ATF's classification of a firearm as a machine gun hinges on whether it was designed to shoot full-auto, not its bolt operation. Misinterpretations of ATF opinion letters, rather than actual law, have fueled this confusion among gun owners.

Chapters

  1. 00:01Introduction to the Hank Strange Situation
  2. 00:17Debunking Stand Gun Myths
  3. 00:40The Source of the Open Bolt Myth
  4. 01:16Early ATF Rulings and Misinterpretations
  5. 01:53Focus on Design, Not Bolt Operation
  6. 02:23Forum Dwellers and Misinformation
  7. 03:00Open Bolt Semi-Auto's History (MAC-10)
  8. 03:41Making Open Bolt Semi-Autos from Scratch
  9. 04:02The Big Myth of Open Bolt Legality
  10. 04:25MAC-10 and Open Bolt Classification History
  11. 04:50Machine Gun Parts Kits and Rebuilding
  12. 05:50Once a Machine Gun, Always a Machine Gun?
  13. 06:23Advice for Garage Builders
  14. 06:55The Gray Area and Source of Confusion
  15. 07:36The Importance of Black and White Law
  16. 08:05Navigating Federal Firearm Law
  17. 08:31Regulatory Garbage vs. Law
  18. 09:06Not Law, Not Regulation: The Problem
  19. 09:22Regulatory Letters vs. Rulings
  20. 09:40Meaningless Opinion Letters
  21. 10:01Agents Making Stuff Up
  22. 10:10Gun Owners Creating Orthodoxy
  23. 10:39Fear as a Source of Misinformation
  24. 11:01All or Nothing in the Gun Community
  25. 11:19Don't Make Up the Law
  26. 11:30Making Open Bolt Semi-Autos
  27. 12:00Open Bolt Semi-Auto is Stupid
  28. 12:13Origin of the Orthodoxy
  29. 12:22Nothing Actually Happened with Open Bolt
  30. 12:38History of the Open Bolt Discussion
  31. 12:50Three ATF Opinion Letters
  32. 13:35Guns Mentioned: Sten, MAC-11, MAC-10, TEC-9
  33. 13:51Functionally Identical to Machine Guns
  34. 14:39Focus on the Disconnector
  35. 15:04Pre-1986 Rule Misconception
  36. 15:17Fairy Dust Sprinkle and Discretion
  37. 15:34Industry and Consumer Behavior
  38. 16:00ATF Special Agents' Perspective
  39. 16:10ATF Power Limitations
  40. 16:26Superstition and Fear in the Industry
  41. 17:07Readily Convertible vs. Designed to Shoot Full Auto
  42. 17:36Making Something Up
  43. 18:05Individuals Busted for Machine Guns
  44. 18:32Endeavoring to Make Semi-Auto Firearms
  45. 19:3650 Caliber Bolt Action Upper Experience
  46. 20:05ATF Determination Letter
  47. 20:43Upper as a Firearm Determination
  48. 21:20Questioning ATF on Existing Uppers
  49. 21:37ATF Wanted Him to Stop
  50. 22:00Kamikaze Defense Strategy
  51. 22:42Legal vs. Real World Perspective
  52. 23:06Lawyer's Brain vs. Manufacturer's Needs
  53. 23:20Unreasonable Assertion of Law
  54. 23:42Moving the Goalposts
  55. 24:09Going After Working Class Americans
  56. 24:25Disgusting Practices in the Gun Market
  57. 25:06Devastating Consequences for Clients
  58. 25:36Duty to Speak the Truth
  59. 26:50The Truth About Open Bolt Discussion
  60. 27:17Making Sure the Client is Safe
  61. 27:44Tommy Built G36 Situation
  62. 28:00ATF as Surgeons
  63. 28:08Burden of Proof in Criminal Context
  64. 28:32The Tommy Bill Example
  65. 28:45Support Hank Strange

Frequently Asked Questions

Are all open-bolt semi-automatic firearms illegal?

No, the idea that all open-bolt semi-automatic firearms are illegal is a myth. The legality is determined by whether the firearm was designed to shoot full-auto, not solely by its bolt operation. ATF opinion letters, which are not legally binding laws, have contributed to this widespread confusion.

What is the ATF's role in determining if a firearm is a machine gun?

The ATF determines if a firearm is a machine gun based on its design and whether it was intended to shoot automatically. They issue opinion letters and determination letters, but these are interpretations and not formal laws passed by Congress. The focus is often on features that allow for easy conversion to full-auto fire.

Where did the myth about open-bolt semi-automatics being illegal come from?

This myth largely stems from ATF opinion letters issued in the early 1980s concerning firearms like the Sten, MAC-10, and TEC-9. These letters focused on easily defeatable disconnectors that allowed conversion to full-auto, leading to misinterpretations that the open-bolt design itself made them illegal.

Should gun owners rely on forum discussions for firearm law interpretation?

No, relying on forum discussions for firearm law interpretation is dangerous. These often spread misinformation and 'emergent orthodoxies' based on misread or misunderstood ATF letters. It's crucial to consult actual statutes, court rulings, and qualified legal professionals for accurate information.

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