What is ATF doing?

Published on November 6, 2020
Duration: 43:15

This video features Dan Kelly, a former ATF agent and firearms law expert, explaining the legal intricacies surrounding ATF's classification of firearms, particularly concerning pistols with foregrips. Kelly clarifies that the ATF's recent actions are not arbitrary but stem from a long-standing misapplication of existing definitions, specifically regarding what constitutes a handgun versus an 'Any Other Weapon' (AOW) under the National Firearms Act (NFA). The discussion delves into the definitions of handguns and AOWs, the historical context of ATF's rulings on foregrips, and potential strategies for firearm owners to comply with or navigate these regulations.

Quick Summary

The ATF defines a handgun as any firearm with a pistol grip designed to be held and fired with a single hand. Firearms with foregrips are often classified as 'Any Other Weapons' (AOWs) under the NFA because they are designed for two-handed use. Owners can avoid AOW classification by increasing the firearm's overall length to over 26 inches or by removing the foregrip.

Chapters

  1. 00:00Introduction and Sponsor
  2. 00:23Guest Introduction: Dan Kelly of GunLearn.com
  3. 01:47Dan Kelly's Stance on NFA
  4. 02:23The Honey Badger and AR Pistol Brace Issue
  5. 02:44Legal vs. Ethical vs. Moral Aspects
  6. 04:07Avoiding Emotional Arguments for Legal Clarity
  7. 05:55ATF's Historical Mistakes and Corrections
  8. 07:04Federal Law Definitions: Handgun
  9. 08:18Definitions of Issue: Handgun and Pistol
  10. 09:09Wiley Article and ATF's Arguments
  11. 10:03ATF's Nonsensical Issues (Weight, Length, Sights)
  12. 11:11The Gist: Two Grips Make It Not a Handgun
  13. 12:32ATF's History with Foregrips
  14. 13:37Definition of Any Other Weapon (AOW)
  15. 14:12Example of an AOW
  16. 14:44The Angled Foregrip Ruling Confusion
  17. 16:10ATF's Past Classification of Foregrip Guns
  18. 17:23Reasons for ATF's Ridiculous Practices
  19. 17:58ATF's Recent Realization on Two-Grip Guns
  20. 18:36What Can We Do About ATF Classifications?
  21. 19:35What to Do If Guns Are Called AOWs
  22. 20:00NFA Firearms and Offending Features
  23. 20:32Removing Offending Features from AOWs
  24. 22:16Other Firearms: Pistol Grip Firearms
  25. 23:04Concealability and AOW Classification
  26. 23:40Disclaimer: Not Legal Advice
  27. 24:13ATF Employee Knowledge and Training
  28. 25:25ATF Academy Staff and Training Regimen
  29. 26:46Impact of Reduced Training on ATF Decisions
  30. 27:25ATF Agents' Lack of Knowledge in Court
  31. 28:34Potential Outcomes for Gun Owners
  32. 28:41Amnesty Periods and Legal Equity
  33. 30:02NFA vs. NFRTR Clarification
  34. 30:51Constructive Possession Explained
  35. 33:06Registration vs. Confiscation Concerns
  36. 34:04NFRTR Record Permanence
  37. 34:08Removing Offending Features vs. Registering
  38. 35:15Will ATF Classify More Guns as AOWs?
  39. 36:05The Honey Badger Cease and Desist Letter
  40. 37:29YouTubers Shooting Two-Handed: A Problem?
  41. 38:27ATF Seminar and Forearm Brace Confusion
  42. 39:31ATF's Role: Regulate vs. Inhibit Industry
  43. 40:07Final Advice to Gun Owners
  44. 40:26Learn the Facts: Take Courses
  45. 41:05Focus on Law, Not Emotion
  46. 41:31ATF's Misapplication of Definitions
  47. 41:42Should the NFA Exist?
  48. 42:07Concluding Remarks and Website Link
  49. 42:40Comment Guidelines
  50. 43:05Closing

Frequently Asked Questions

What is the ATF's current stance on firearms with foregrips?

The ATF's stance is that firearms with foregrips are generally not considered handguns because they are designed to be held and fired with two hands, not one. This often leads to their classification as 'Any Other Weapons' (AOWs) under the NFA if they meet certain criteria like concealability.

How does the ATF define a handgun?

According to federal law, a handgun is defined as any firearm with a short stock (pistol grip) that is designed to be held and fired using a single hand. This 'designed to be held and fired' clause is crucial for classification.

What are the key features that make a firearm an 'Any Other Weapon' (AOW)?

A firearm becomes an AOW if it is capable of being concealed on a person (under 26 inches overall length) and has features that remove it from other classifications, such as not being a handgun or a long gun. The presence of a second grip (foregrip) often triggers this classification.

What can a firearm owner do if their firearm is classified as an AOW?

Owners can avoid NFA classification by modifying the firearm. This can involve increasing the overall length to 26 inches or more, or removing the offending feature, such as a foregrip, to redesign it for single-handed use.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from GunGuyTV

View all →