The hapless hacks at Media Matters, with an unfortunate assist from Cliff May right here on the Corner, are off the races on my recent post about machineguns. Here’s Media Matters:
Mirroring common gun lobby talking points Williamson notes that “fully automatic” guns are highly restricted and regulated. Williamson’s account is in fact a highly misleading characterization of the accessibility of fully automatic weapons. The reality is that semi-automatic rifles, such as AK-47s or AR-15s, are widely available and sold at gun shows from private sellers that do not run background checks. Further conversion kits that make these rifles indistinguishable from machine guns are also widely available at gun shows.
Here are the facts: Conversion kits making semiautomatic weapons fully automatic are illegal to buy, sell, or possess, unless one has a federal license for possessing fully automatic weapons (and not always then, either). Under federal law, a machinegun conversion kit is precisely the same thing as a machinegun. It is illegal to possess the parts to perform such a conversion, even if the conversion hasn’t been done — if you own the parts, you own the gun, so far as ATF is concerned. It is illegal to attempt to purchase those parts. It is illegal to offer to sell those parts. It is illegal to move those parts across state lines. If such things are being sold, at a gun show or anywhere else, then a crime is being committed.
But I doubt that they are commonly sold. If it is so common, why are arrests not being made? If this is true, shouldn’t we be investigating the ATF?
The Media Matters hack says that such kits are widely available online and then provides a link. Perhaps he was assuming that his drooling and contemptible readers would not follow it: The link he provides is not a link to conversion kits for sale; rather, it is to a collection of how-to articles. There is a difference between selling a book about conversions and selling the parts necessary to perform them. (Guns attract myths like few other tools; suffice it to say you can’t make an Uzi out of granddad’s squirrel rifle and a twist-tie.) Depending on your view of the First Amendment, the government may or may not be permitted to suppress such information. But in either case, a manual for performing a conversion is no more a conversion kit than a copy of The Anarchist’s Cookbook is a bomb or a Julia Child tome is a soufflé. You need the parts. But Media Matters deals in distortions and half-truths, because that is what they are paid to do.
Here’s what ATF says:
Machinegun conversion kits are within the definition of “machinegun” for purposes of the GCA and are, therefore, subject to all GCA controls imposed upon “machineguns”. For GCA purposes, the definition of “machinegun” in 18 U.S.C. section 921(a)(23) incorporates the definition of such term in the National Firearms Act, 26 U.S.C. section 5845(b). As defined by section 5845(b), “machinegun” means, among other things, “any . . . combination of parts designed and intended, for use in converting a weapon into a machinegun”, i.e., a machinegun conversion kit. Thus, under the GCA, a machinegun conversion kit is, for example, a machinegun subject to the prohibition with respect to possession and transfer of machineguns in 18 U.S.C. section 922(o) and the prohibition in 18 U.S.C. section (a)(4) against transporting machineguns interstate without the approval of the Secretary of the Treasury.
Hapless Hack also cites a GAO study in which investigators found that they could locate all of the parts necessary to convert a semiautomatic AR-15 into a fully automatic rifle at gun shows. This is true, and disturbing: The report, dating from the 1990s, was part of a GAO study of people trafficking in stolen U.S. military hardware. You know what we already have lots of laws against? Theft. (“Thou shalt not steal.” Familiar?) We have all sorts of interesting and involved laws against stealing armaments from the U.S. military. If such things are being stolen and sold — and, again, I doubt that this remains true, all these years afterward — then a crime is being committed, and the criminals should be prosecuted. I’m pretty sure my buddies at the NRA are 100 percent in favor of locking up people who hijack weapons from the U.S. military and sell them on the black market. If our military and our law-enforcement agencies are too lazy or feckless to stop the open trafficking in stolen military hardware, then what exactly is the point of passing another set of laws targeting, by definition, the law-abiding?
The point is this: These things already are crimes. Contrary to Azzam al-Berkeley, Mayor Bloomberg, and the New York Daily News, it is illegal to trade in fully automatic weapons without a Class 3 firearms-dealer’s license or a hard-to-get federal permit covering a very small number of weapons registered with the federal government before 1986. The conversion kits that Cliff and Hapless Hack talk up are illegal. Selling somebody the parts to perform a conversion is illegal. Having the parts is illegal. Maybe we should make them double-secret illegal, I don’t know.
All of which is rather beside the point. As I documented, fully automatic weapons legally owned by civilians are hardly ever used in violent crimes: one homicide since 1934. (If the NFL or Congress were as law-abiding as American machinegun-owners, the world would be a very different place.) In general, the sort of exotic weapons that the gun-grabbers fuss over are seldom used in crimes — mainly because they are very expensive and not terribly convenient. A few years back, there was a pretty good panic over .50-caliber rifles, but nobody knocks over a liquor store with a Barrett .50: It weighs 30 pounds, it’s five feet long, and it costs about ten grand.
So, Hapless Hack, Cliff, Nurse Bloomberg, et al., a word of advice: Any time you find yourself citing al-Qaeda propaganda as a source, do a little fact-checking.
Whenever I'm tempted to believe a pundit, I remember these gun debates. The chattering classes, on both sides, are no more laughably dishonest than when they discuss guns. Yet, they prattle on with such conviction! It suggests they are spewing BS all the time, not just when the topic is guns.
Anyone who owns guns knows it is real pain to get a Class III firearm. It takes about 4-6 months to get the paperwork done. In many states, the local authorities make it even tougher, in some cases impossible.
As far as assault weapons, they would not be anyone's first choice if planning a terror attack. Yeah, they look cool and scary, but there's a reason why terrorists don't use them to cause mayhem. A trip to Home Depot is a better choice and much cheaper.
Reply to this commentLinkReport AbuseMedia Matters has a point. Why are conversion kits and automatic weapons illegal, at all?
"You don't need a machine gun to shoot a deer!"
"I don't know. Is the deer tyrannical?"
Reply to this commentLinkReport AbuseIn his majority opinion for the DC vs. Heller case, Justice Scalia makes a similar observation (except the part about the deer), leaving the door open for a future case to exploit. To say anything more would have been beyond the bounds of the case.
Reply to this commentLinkReport AbuseFrom the SCOTUS orals in Heller:
Atty General Clement (arguing in SUPPORT of DC ban)-
"... but I think it is more than a little difficult to say that the one arm that's not protected by the Second Amendment is that which is the standard issue armament for the National Guard, and that's what the machine gun is.
CHIEF JUSTICE ROBERTS: But this law didn't involve a restriction on machine guns. It involved an absolute ban. It involved an absolute carry prohibition. Why would you think that the opinion striking down an absolute ban would also apply to a narrow one -- narrower one directed solely to machine guns?
GENERAL CLEMENT: I think, Mr. Chief Justice, why one might worry about that is one might read the language of page 53a of the opinion as reproduced in the petition appendix that says once it is an arm, then it is not open to the District to ban it.
pg 53 from lower court-"The modern handgun—and for that matter the rifle and long-barreled shotgun—is undoubtedly quite improved over its colonial-era predecessor, but it is, after all, a lineal descendant of that founding-era weapon, and it passes Miller’s standards. Pistols certainly bear “some reasonable relationship to the preservation or efficiency of a well regulated militia.” They are also in “common use” today, and probably far more so than in 1789. Nevertheless, it has been suggested by some that only colonial-era firearms (e.g., single-shot pistols) are covered by the Second Amendment. But just as the First Amendment free speech clause covers modern communication devices unknown to the founding generation, e.g., radio and television, and the Fourth Amendment protects telephonic conversation from a “search,” the Second Amendment protects the possession of the modern-day equivalents of the colonial pistol. See, e.g., Kyllo v. United States, 533 U.S. 27, 31-41 (2001) (applying Fourth Amendment standards to thermal imaging search).
Reply to this commentLinkReport AbuseI'd use a Barrett .50 cal to open letters if I could. Cost and inconvenience be damned!
Reply to this commentLinkReport AbuseDan:
For that, you want a truly illegal weapon: a switchblade!
Reply to this commentLinkReport AbuseOops, forgot the new "reply" function... BTW, switchblade possession in certain areas is a federal offense... since the 1950s. My brother got his confiscated by an over-zealous MP -- who was another troop's scoutmaster -- in the Canal Zone in the 1970s.
Reply to this commentLinkReport AbuseYeah, switchblade possession in certain areas is a federal offense... since the 1950s. My brother got his confiscated by an over-zealous MP -- who was another troop's scoutmaster -- in the Canal Zone in the 1970s.
Reply to this commentLinkReport AbuseMyths and misconceptions surrounding firearms are often created and largely perpetuated thanks to hack's like these and the dramatic license of film makers. Imagine if hammers or shovels or ladders were written about and portrayed in the same fashion as firearms...why we'd have the makings of a Monty Python skit!
Reply to this commentLinkReport AbuseKevin,
Thank you for expanding on the comment I made to Cliff May's sorry post from yesterday. The citations of Federal Law are useful to all except those who do not want to be confused by facts, i.e., left-wing liberals, gun banners, and Cliff May.
Reply to this commentLinkReport AbuseOk, speaking as someone with all the technical knowledge to convert an AK or AR15 type rifle to full-auto, the mere availability of parts is meaningless. NO AR15 receivers are commercially available that will accept these parts and work in full auto without substantial modification by someone who knows what they are doing and has the equipment to do it. Same goes for AK type receivers.
On top of that, the gun shows I have been to in recent years do NOT have the critical parts necessary for sale. (you'll forgive me if I don't list which ones are critical publicly) Even if they are for sale, it is absolutely required that you have the National Firearms Act transfer paperwork on hand BEFORE the sale can be completed (again, this is for the small parts necessary for conversion, NOT the complete machine gun). On top of that, it is VERY easy to mistake a semi-auto part for a full-auto part if you don't know exactly what you are looking at or for.
Even if you assume that purchasing the parts will allow you to convert a semi automatic rifle to full auto, the technical knowledge required to do so successfully isn't commonly known and the supposed conversion manuals do a uniformly poor job of covering these technical details. (for example, at what point in the cycling of the rifle should the auto sear release the hammer? If you don't know and don't get it right, it won't work)
One last thing that you may have missed:
Reply to this commentLinkReport Abuse"Further conversion kits that make these rifles indistinguishable from machine guns are also widely available at gun shows."
Indistinguishable is either a very poor word choice or an attempt to confuse and conflate the issue. The rifle is either a machine gun (can fire more than one round with a single trigger pull) or it isn't. Most likely, the hacks at Media Matters are trying to fool people with "if it looks like a machine gun it must BE a machine gun."
I have enough knowledge about the subject to know you are correct. I will go further and call bee ess on that GAO report that supposedly finds automatic rifle parts at gun shows. Exhibiters at such shows are sticklers for the law and the consequences of breaking the law would be severe. I have been to *many* such shows and have never picked up even a *whiff* of illegality, much less illegal rifle parts.
Reply to this commentLinkReport AbuseKevin,
Thanks for taking the time and effort to state the facts. So many others misrepresent, misunderstand, and misconstrue them.
Perhaps someday terrorists will use submachineguns in the United States. If so, it seems likely that they'd come from south of the border. Tough laws and open borders make very little sense as a solution to such a problem. Perhaps the Left should consider that mix.
Reply to this commentLinkReport AbuseJust such an incident was in Tom Clancy's last "Jack Ryan" book "The Teeth of the Tiger."
The storyline there also dovetails well with the exhortation by Adam Gadahn for muslims living in America to take up weapons and shoot down the infidels in their shopping malls.
I'm curious about what NRO pundits think would be the response of the American people to a series of Muslim massacres at America's Malls?
Reply to this commentLinkReport AbuseOuch. That's gonna leave a mark.
Reply to this commentLinkReport AbuseIn the early 90's you could buy M16 parts, and older AR15's could be converted, but by 94, ATF banned the sale of parts, and a design change in the AR15 prevented dropping the parts in.
Reply to this commentLinkReport AbuseNot correct. I was building AR15s at that time and there were significant design differences between full and semi-auto receivers even then. In 1994, additional changes were made and Colt made still more changes to prevent any full auto parts being installed. Regardless of these changes, there has NEVER been a time that full auto parts would simply drop into a semi-auto receiver.
I will grant that _some_ of the full auto parts necessary to convert a semi-auto into a machine gun were readily available at that time. The _critical_ parts still required a NFA transfer.
Reply to this commentLinkReport AbuseIf a gang banger was going to shoot at me, I would prefer he did it with a full automatic weapon. Why? because most weapons can't be controlled on full automatic, he would be mostly consuming his ammunition supply and making noise.
Of course if he was using a tripod, he would have a better chance of hitting, but tripods tend to be hard to conceal.
Single shots are dangerous. You aim them, and they kill. We lost more soldiers in the Civil War to muzzle loading single shots than we did to machine guns in WWI and WWII combined.
Reply to this commentLinkReport AbuseNot really a fair comparison. By the time WWI rolled around, generals had finally learned that it was not a good idea to stand your soldiers in a straight line and wait for them to get shot.
Reply to this commentLinkReport AbuseTo MarkW re: WWI. Really? Tell that to the Brits @ Paschendale.
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