The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
—U.S.C. Title 26 – INTERNAL REVENUE CODE § 5845, (last visited Oct. 13, 2024)
—U.S.C. Title 18 – CRIMES AND CRIMINAL PROCEDURE § 921, (last visited Oct. 13, 2024)
In VanDerStok, the ATF is arguing that the term may readily be converted
was not defined by congress. This makes it ambiguous. An ambiguous term is normally clarified by the rule making procedures.
The gist of the argument is ATF determination letters regarding classification of things as hunk of metal or receiver has always focused on the term “readily”. According to the ATF, the new rule merely clarifies that “readily” can be modified by the auxiliary components included with a kit or in the same purchase.
When asked if the ATF could just as easily claim that all AR-15 lower receivers are machine guns because they can be readily converted to M-16/M-4 receivers, the ATF responded that AR-15 receivers are not being restored
because they never were.
The issue is twofold, first, we don’t trust the government. The second is that there is zero difference between an 80% AR-15 lower receiver and an 80% M-16/M-4 lower receiver.
Both require drilling holes for the trigger pin, the hammer pin, and the selector switch.
Both require milling out the fire control group pocket.
The M-16/M-4 lower receiver requires one extra hole.
The Pivot pins are 0.250 +0/0.003 below the deck. The hammer pin is 0.375 +/- 0.002 below the pivot pin. The trigger pin is 0.3140 +/- 0.0015 below the hammer pin and 0.8430 +/- 0.0015 to the rear. The selector is 0.2250 +/- 0.0015 above the trigger pin and 1.9680 +/- 0.0015 to the rear of the hammer pin.
1.9680 +/- 0.0015 to the rear of the hammer pin and 0.4980 above the hammer pin is a 0.1250 +0.0015 -0.0000 hole.
This hole is the difference between an M4 and an AR15 lower receiver.
If the ATF considers a piece of edgedetched steel to be a machine gun, and they consider a hunk of aluminum with a jig and instructions to be a receiver, what would stop them from deciding an AR15 receiver is an M4 receiver?
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