Momentum for 2nd Amendment Picks Up Steam

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Momentum for 2nd Amendment Picks Up Steam

By Sean McCaffrey

While many scream for the government to further tighten its grip on firearms in the US, a powerful member of the government is thinking differently.

Ronald Turk, the Associate Deputy Director of the Bureau of Arms, Tobacco, and Firearms and Explosives (ATF), just released a paper that tactfully suggests the governmental regulations of many firearms and firearms transactions are outdated, overly-restrictive, and hinder the ATF’s abilities to improve public safety.

Turk’s paper is 11 pages and contains 16 well-worded suggestions that could be massively important in the contemporary struggle to balance firearms freedoms with public safety. To simplify, here are Turk’s points.

1. Gun show and internet gun vendors should finally have a way to have the ATF sanction their activities and provide valuable background investigations, in the same way that a traditional gun store would.
2. Armor piercing rounds (bullets), like silencers, have such an ugly connotation. Turk mentions two things. First, many rounds that are designed for hunting and sporting intentions, meet the thresholds for being labeled armor piercing and therefore, have been stuck in limbo. Secondly, these conventional hunting and sporting rifle caliber rounds already penetrate body armor, so banning armor piercing rounds of the same caliber is redundant. If the ATF would finally make decisions on these issues, industry could finally move forward
3. American industry has exported hundreds of thousands of arms to allied countries for decades. These weapons, over time, have become classics and in many cases and have often been retired by their host countries. There is a huge demand for these, now collectibles, in the US market. Examples of the M1 Garand and the venerable 1911 are mentioned directly. Yet, they are often denied re-entry into the arms of adoring collectors. Turk says “There is no clear public safety reason why taxpayer-funded US-origin [firearms] should be denied re-importation to the American public, while many non-U.S.- origin [firearms] are approved.”
4. One of the most important concepts of progress is the free circulation of ideas. Now apply that to automatic weapons. Turk proposes that it allows certain segments of government and firearm industry to transfer automatic weapons. This sounds scary, but the reality is that the industries and government agencies that deal with automatic weapons already have heavy controls on their weapons. Turk says it’ll have no impact on public safety.
5. This is a big one. Regarding the arm braces and other firearms accessories, Turk suggests ending the practice of determining what an object is based upon its use. He suggests that objects need to be evaluated on a firearm’s “individual characteristics” exclusively.
6. Turk says that the Assault Weapons Ban needs to be re-evaluated based upon the current use of AR-15 and AK-47 style firearms in sporting fields. “[The] ATF could re-examine its almost 20-year old study to bring it up to date with the sport shooting landscape of today, which is vastly different than what it was years ago.”
7. The ATF often rules on firearm-related issues, and it sets precedents that are recognized by legislating bodies and industry. However, there’s no database or common place to find these things. Turk proposes that an organized database would be a helpful thing for internal and public use.
8. Silencers. They’re in sensational demand and Turk recognizes this. “While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated.”
9. Gun show vendors should be allowed to sell their firearms in different states without jumping through ridiculous hoops. Turk concedes that states can reserve the right to provide additional legislation on this point, but that as long as the vendor satisfies federal requirements, there shouldn’t be a restriction on where they meet these requirements.
10. Turk suggests that it would be a good idea to differentiate grenade launchers and grenades. This would help enable the government to treat them differently, enable industry, and possibly promote public safety.
11. Like any microcosm of society, there are a lot of honest and hardworking firearm vendors. There are also those that may not operate completely clean. Turk advises that the ATF should continue to devise a threshold for reporting requirements on firearms that have been used in crimes.
12. In border states, there are additional regulations imposed on vendors to prevent specific firearms going to Mexico or other areas with large amounts of violent crime. Turk says that these regulations are significant in the effort to maintain public safety. However, he mentions that they “can be further discussed regarding utility and impact.”
13. Keeping a firearms records for 20 years is nice, and keeping them forever would be ideal. However, the Turk gives reasons that keeping firearms records forever is impractical and not beneficial for the purpose intended in keeping these records.
14. Employees of gun vendors handle guns on a daily basis. It seems perfectly reasonable that they are legally allowed to possess firearms. However, standard background checks that are available to employers do not often reveal the status of a potential employee regarding firearms. Turk says that firearm vendors should be allowed to use the National Instant Criminal (NIC) background check.
15. There’s been lots of talk about who the President is selecting for positions of leadership within the new administration. Turk makes it plain that the ATF needs leadership, with the backing of the administration, to make progress.
16. Finally, Turk suggests that there are many old regulations that are under review for possible removal. Many of which have been referenced in the preceding points. However, quite a few more haven’t been mentioned, and they have significant implications. Here’s the whole list:

• 478.40 – Assault Weapons ban
• 478.40a – prohibition language for assault weapons
• 478.57(b) and (c) – assault weapons and large capacity magazines
• 478.92 (portions) – AP ammo and large capacity magazines
• 478.116 (portions) – importing large capacity magazines
• 478.119 – importing large capacity magazines and feeding devices (belts, drums, strips…)
• 478.132 – records keeping for large capacity feeding devices sold to law enforcement
• 478.153 – request for large capacity magazines and feeding devices for manufacturer testing
• 478.171 (portions) – exporting AP ammo and semi auto assault weapons
• 479.32(a) and (c) – reduced importer/manufacturer tax rate 1988; short taxable year
  standards
• 555.11 (portions) – obsolete dates; commerce in explosives
• 555.27 (portions) – obsolete dates; explosives background checks
• 555.33 (portions) – obsolete dates; licensees and permittees general explosives
• 555.41 (portions) – obsolete dates; licenses and permits general explosives
• 555.45 (portions) – obsolete dates;  licenses and permits general explosives
• 555.49 (portions) – obsolete dates; issuance of licenses and permits
• 555.51 (portions) – obsolete dates; duration of licenses and permits
• 555.57 (portions) – obsolete dates; change of control, RP’s and employees
• 555.102 (portions) – obsolete dates; authorized operations by permittees
• 555.103 (portions) – obsolete dates; transactions between licensees and permittees
• 555.105 (portions) – obsolete dates; distribution to non licensees and non permittees
• 555.125 (portions) – obsolete dates; records maintained by permittees
• 555.126 (portions) – obsolete dates; transaction records
• 555.142 (portions) – obsolete dates; relief from disabilities
• 555.201 (portions) – obsolete dates; storage
• 555.224 (portions) – obsolete dates; table of distances

Turk concludes with “There are many regulatory changes or modifications that can be made by or through ATF that would have an immediate, positive impact on commerce and industry without significantly hindering ATF’s mission or adversely affecting public safety.”

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