Initial Analysis of the 2013 AWB Part 1 (IANAL or IANACC Warning)

This is far from being a comprehensive and final analysis since I Am Not A Lawyer and I Am Not A Congress Critter.  I am still battling the cold/flu and taking some meds so I wouldn’t be surprised if I am missing some stuff or get other stuff wrong.

First thing that jumps is that direct & immediate registration appears to be off the table within this law. I cannot say what will be done via Justice Department via NICS or some other way. I am guessing that either the volume of calls against registration was so enormous plus the honchos in ATF imagining the shitload of work coming their way may had intervened and say “No way in hell we can do this. After almost 70 years we still have not gotten the machine gun registry right and those are only 250,000!” In any case and same with the President’s Executive Orders, this is a major blink in their part and possibly the realization that their position is not as strong as they thought it would be after the onslaught of bad press and name calling by every pundit they had available to do their work. They thought themselves Kennedy and turned out Khrushchev. I expect them they will say they did this as good faith gesture and to push our side into compromising for a deal, but if I am reading the tea leaves right, the opposite may happen, specially since the Cuomo screw up with the new NY Gun Ban Laws. People are just to ticked off for compromising and “conversations.”

We officially have a definition of Assault Weapon to cover semi auto only!

The term ‘semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted:

The “any of the following” is about 3 pages of “ugly things we don’t like” that make a semi auto rifle an “assault weapon.” Sort of like Selina Kyle with or without the tight leather outfit and the whip gets to be evil Catwoman or just a normal secretary/assistant.

Yes, there is a ban on Guns They Don’t Like. I don’t get fooled by the grandfathering clause because there will always be another crisis that can be exploited and then they can do something about them.

It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.

The manufacture part, does that apply to guns built for personal use? I am thinking AKs turned from flats that have already been at least one court decision in which determined they are not under ATF grasp.

The semi auto pistol ban on the most popular pistols remains:

A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:…..‘‘(v) A semiautomatic version of an automatic firearm.

And in page 11 there is the Carolyn McCarthy subsection defining a Barrel Shroud not being “the shoulder thing that goes up.” I am glad we got that cleared.

OK, I’ll be back later with more stuff. Some is funny as hell.

7 Replies to “Initial Analysis of the 2013 AWB Part 1 (IANAL or IANACC Warning)”

  1. It’s all about waging war on any Republican that signs on to this and making it perfectly clear to any Democrat that is up for re-election in 2014, that their career will end in these districts that are Republican States. It’s over for most of them already because of Obamacare but this will remove all doubts.




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  2. The manufacture part, does that apply to guns built for personal use?

    If this passes, ‘assault weapons’ will no longer be commercially available. This bill regulates guns under the commerce clause. Since homemade ‘assault weapons’ will not affect interstate or foreign commerce, I agree with you that homemade ‘assault weapons’ will not be affected by this bill.

    As far as registration goes. ATF processed 105,373 in FY 2011 for NFA items. I estimate that there are about 200,000,000 firearms that fall within the definition of ‘assault weapon’. at the current rate, it would take ATF 1,800 years to process all of the paperwork.




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    1. You would think homemade rifles would be legal, but given SCOTUS’s decisions in WIckard v. Filburn and Gonzales v. Raich, you would be wrong. Even if something is grown (or manufactured) solely for in state use, the feds can ban intrastate commerce/possession of those items if they will affect the interstate market.

      Unless those cases get overruled, the courts will probably treat home manufacture of rifles the same, even if those rifles never travel in interstate commerce.




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      1. In Wickard, the court found that because his production of wheat would affect how much he bought, the government could regulate that. Since assault weapons, if the bill passes, will no longer be allowed to be sold to private civilians, a private civilian making his own can’t affect interstate commerce.

        Gonzales I had to look up and WOW. The government can regulate the growing of marijuana because growing your own affects the [illegal] interstate market of marijuana.

        It would seem that if there is a black market illegally manufacturing AR type firearms, the government can regulate homemade ARs. That’s about as ridiculous as it gets. But, the government would have to prove when you made it.




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  3. Wait it gets better. the following is what DiFi said upon introducing this bill on the senate floor..
    “Put simply, we cannot allow the rights of a few to override the safety of all. That is not the America that our founding fathers envisioned. And that is not the America I want my children and grandchildren to live in.”

    Dianne Feinstein, Congressional Record for 1/24/2013 page S291

    My response?

    Note to Whinestine and her friends..

    Wow. Really? Why you lying, despotic, pernicious harridan! The Rights enumerated in the Constitution are not GRANTED by the Constitution , they are PROTECTED by the Constitution. Oh and they aren’t the Rights of a FEW, you imbecilic goat faced harpy! They are the Rights of EVERY American to exercise, or not as they see fit!
    They are not for the likes of you, you hair covered, puss filled boil on a gorillas backside, to infringe, encroach, contravene or otherwise place limits upon; you odiferous, gaseous excretion from a cows anal sphincter. Be gone you spawn of the unclean coupling of a camel and a disease ridden whore who would dally with whatever beast crossed her path. Go back to the refuse pit you were birthed in. Leave us and plague us with your foul mouthings no more.

    I posted this pretty much everywhere but here and one other place…Something which I’ve just rectified. Feel free to spread it. *grin*

    What do you mean you’re perturbed because you just sprayed liquid/food all over your monitor and keyboard? How is that MY fault? *sniff of disdain* Okay okay stop yelling..If I ever post something like that again I’ll try to remember to preface it with a “”Spew Warning”” Sheesh!




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