Greatest Defensive Semi-Automatic Shotguns
While many solid options exist for a semi-auto scattergun to fill the home-defense role, here are three of the author’s favorites

Anytime you read “greatest,” “best” or “top” in a gun article, you can generally assume what follows will be filled with opinion. So, here’s my opinion of what I believe to be the best semi-automatic shotguns ever made for home defense.

Remington VersaMax Competition
Remington VersaMax Competition
In 2010, Remington engineered a gas action that is so simple it’s genius. Rather than using a mechanical gas regulator to cycle the action via two ports in the chamber—ports that easily get clogged—Remington added seven ports in the chamber so that the longer the shell, the more ports it covers up, thereby effectively regulating the gas pressure without adding any mechanical parts. I believe it is one of the most reliable and recoil-mitigating pure-gas actions ever invented.

Around this action Remington designed a gun that has every feature I want in a defensive gun, but none I do not. (To be clear, it made a similar version called the VersaMax Tactical, but I like the nearly identical Competition model slightly more.) The Competition model weighs nearly 8 pounds and has a 22-inch barrel. It comes with an eight-round magazine and a two-round extension, so it holds a total of 11, 12-gauge shells.

What I like most about it is its rubberized stock that features a super-soft buttpad and a gel-comb insert that does wonders for taming kick. Its receiver features oversize controls (bolt handle, action-release button and safety). Some of Benelli’s design influence is evident in its magazine-cutoff switch, trigger guard style and stock-adjusting shim kit, and I’m glad Remington chose this design to emulate.

I think it has the best sights of any shotgun on the market: A fiber-optic front bead combined with a shallow, express-style V-notch rear give it the best of both worlds. It is unobtrusive enough that I can hit running targets with it, but accurate enough for slugs at distance.

In sum, it’s my favorite do-it-all shotgun ever made. It points so well and has such mild recoil, I have actually taken it to the clays range by choice; other than the extended magazine, it fits right in. Its downside? Due to Remington’s recent demise (and reincarnation as Rem Arms), it was discontinued a few years ago. But, you can still find one online for around $1,350. If you don’t have one, I’d buy one now.

Benelli M3 Tactical
Benelli M3 Tactical
Benelli’s defensive dynamo is a top-end, semi-automatic that also comes with an emergency switch. In normal times, when shooting standard or heavy loads, the M3’s inertial, semi-automatic action functions flawlessly. But, when reduced-recoil loads or less-lethal options need to be manually chambered and extracted—or if you failed to clean the gun after a year at sea—the shooter can simply twist a collar mounted under the fore-end cap. This minimal movement unlocks the fore-end and engages the action rods of the pump system, instantly converting the M3 into a pump-action. Returning the control disengages the action bars, locks the fore-end in place and allows the inertia recoil system to function as a semi-automatic. Tell me this isn’t slick.

It wears a 19.75-inch barrel and features a pistol-grip stock. Unlike most Benelli inertia-action guns, the M3’s recoil-return spring is located ahead of the receiver around the magazine tube, so a spring tube in the buttstock isn’t needed. This allows the stock to be swapped for a folding or collapsing style if the user so chooses.

This M3 is often forgotten because the M4 won a military contract and became so popular, but I think the M3 might be the greatest combat shotgun ever made. Its downside? Most models I’ve seen at retail don’t come with an extended magazine tube, so you’ll likely have to buy one and install it (not a difficult task). I also don’t love ghost-ring sights, but they can be easily replaced. As for speed and reliability, however, it simply can’t be beaten because it’s both a semi and a pump.

In my opinion, it doesn’t handle quite as softly or as intuitively as the VersaMax or Beretta’s 1301 (I wouldn’t take this gun to the clays range), mainly because its stock is more of a tactical style, but then again, the VersaMax can’t turn into a pump with a flick of a switch. MSRP for the M3 Tactical is $1,599.

Beretta 1301 Tactical
Beretta 1301 Tactical
Beretta’s excellent 1301 BLINK system is an ultra-fast cycling, self-regulating action that is reliable and very good at recoil mitigation. When combined with Beretta’s useful tactical features—such as the seven- round extended magazine, oversize controls and an 18.5-inch barrel, you get a shotgun that’s fit for just about any Special Forces team on the planet. What I like about it most is that Beretta’s tried-and-true stock dimensions, including the important drop-at-comb measurement, tend to fit most people well, thereby mitigating recoil and making the gun easy to shoot intuitively.

The 1301, like the VersaMax, is another example of a tactical shotgun I could take to the skeet range and shoot a 24 with. What does this have to do with defensive applications? If you can hit fast and tiny flying targets consistently with a shotgun almost subconsciously, then slow, man-size targets become easy. It’s available with a traditional buttstock or a one that has a pistol grip.

As for my perceived negatives, I am not a big fan of the ghost-ring sights, but again, I may be in the minority on this point. Additionally, I can easily replace them with a Big Dot from
XS Sights.

If you asked me what shotgun I like better, the Remington VersaMax or Beretta 1301, I’d probably go with the Remington for the feel of its rubbery stock, its sights and its larger magazine. Then again, the VersaMax is discontinued, so replacement parts and service for it might be difficult to find. The 1301 from the world’s oldest firearms manufacturer, on the other hand, isn’t going anywhere anytime soon. Pricing on the 1301 starts around $1,700, with options, color variations  and configurations adding to the cost.

Fifth Circuit Denies ATF’s Request For Stay on the Districts Courts FRT Injunction


After what seems like a year of defeats for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the courts, the ATF keeps losing. This time, it is forced reset triggers (FRT).

The case, National Association for Gun Rights (NAGR) v. Merrick Garland, was filed by Rare Breed Triggers and NAGR in a Texas Federal District Court challenging the ATF’s opinion that forced reset triggers such as the Rare Breed FRT-15 are machine guns. The ATF has been sending out letters to and visiting owners of the triggers demanding that the users turn over the items to the ATF or face possible charges for violating the National Firearms Act of 1934. At least three people have been charged with NFA violations for having FRTs. A conviction for violating the NFA could carry a penalty of up to ten years of imprisonment and a $250,000 fine.

Federal District Court Judge Reed O’Connor ruled in early October that the plaintiffs had proven that they were likely to succeed on the merits of the case. Judge O’Connor issued a preliminary injunction (PI) barring the ATF from taking enforcement actions over forced reset triggers. The ATF appealed to the Fifth Circuit Court of Appeals and asked the court to stay the lower court’s decision.

The Fifth Circuit has now reviewed the ATF’s motion and denied the requested stay, meaning the injunction will remain in place for now, protecting the public from the ATF taking enforcement actions over Rare Breed’s FRT-15. The Circuit Court believed the defendants didn’t meet the requirements for a stay on the injunction.

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Remington Finally Says Goodbye to Its Ilion, New York Production Facility

It’s been a very long time coming, but yesterday’s announcement by RemArms, LLC that it will close its Remington Arms production facility in Ilion, New York shouldn’t really have surprised anyone. Company CEO Ken D’Arcy said they’ll be consolidating their operations and headquarters at a new location in LaGrange, Georgia. That means the closure of America’s oldest firearms manufacturing facility next year.

Here’s Remington’s press release . . .

The iconic Remington Firearms brand was founded in 1816, and today Remington Firearms (RemArms) operates as one of the United States’ largest domestic producers of shotguns and rifles. Chief Executive Officer, Kenneth R. D’Arcy today announced that RemArms, America’s oldest firearms brand, will consolidate its firearms operations in LaGrange, Georgia. This will align all firearms manufacturing with our planned global headquarters and world class R&D facility in Georgia, which supports and welcomes the firearms industry.

“We are deeply saddened by the closing of the historic facility in Ilion. We have a dedicated workforce at the Ilion facility, but maintaining and operating those very old buildings is cost prohibitive, and NY’s legislative environment remains a concern for our industry. In the coming months, we expect to be working with our Ilion employees and their representative on transition issues.” said Ken D’Arcy, RemArms CEO. 

The move is no doubt sad and difficult for the upstate New York town and the remaining Remington workers there, but leaving Ilion has made good business sense for a very long time.

Remington has been transitioning production and other functions away from Ilion for years, long before the bankruptcy and the formation of RemArms, LLC. After New York rammed through the laughably-named SAFE Act into law in 2013 after Sandy Hook, Remington reacted entirely rationally to the hostile business environment. They opened a new facility in Huntsville, Alabama in 2014 that will continue to operate there as the company expands operations in LaGrange.

I’ve been to the Ilion plant. It’s ancient by any moden manufacturing standards, with production broken up among multiple buildings and floors. Maintaining that facility and trying to compete with the inherently higher costs involved just doesn’t make sense. Add to that the fact that New York government has made it abundantly clear that firearms businesses aren’t welcome in the state and it isn’t difficult to justify the move.

Contra Costa County Sheriff Won’t Allow CCL Holders to Carry With Red Dots, Lasers, or Pistol Lights 

Months ago, the California Rifle & Pistol Association heard from a member that Contra Costa County Sheriff David Livingston has some rather unique restrictions on the guns that his office will qualify for carry by residents in the county.

If you’re unfamiliar with California’s byzantine carry laws, applicants for a license must qualify with each specific firearm they intend to carry. Each handgun’s serial number appears on your carry license. Most counties will allow up to three firearms, but some limit you to only one. Sheriffs have wide latitude in what they will and won’t qualify for carry.

We were told that Sheriff Livingston won’t qualify applicants if they attempt to qualify with a pistol that has a laser, red dot sight, or a pistol light attached (night sights are allowed), and found the page at the bottom of this post on the county’s web site. We wrote to ask the Sheriff for his rationale for these restrictions and this week we heard back from him.

Unfortunately, Sheriff Livingston won’t budge on this policy. He writes that he has a “Firearms Committee” he consults on these questions. He tells us the committee is made up of employees with a wide range of backgrounds, all of whom are firearms instructors. The committee recommended against changing the policy.

The reasons for excluding these accessories are (I summarize here, these aren’t quotes) . . .

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The Double & 1 Drill: 10 Rounds Is All You Need

Most shooters have a “sweet spot” of which is a favorable balance of distance, shot tempo and target size for their skill level with handguns. It is common to see enthusiasts, competitors and even armed professionals struggle to speed up as they encroach closer on the target from the sweet spot and struggle to use more time to good effect as the distance stretches much beyond their preferred-and most-practiced range. The ability to modulate the degree of trigger finesse and sight refinement based on proximity to the target is one of the key skills which make good shooters … well, good.

This is the exercise space for the ‘Double & 1’ drill. Double & 1 begins a scant 2.5 yards from the target on a tight time limit of only one second to fire two shots into the NRA B8 bullseye target from the low-ready position. For each succeeding string, the distance is doubled and an additional one second is allowed; hence Double & 1. The strings look like this:

String        Distance (Yards)  Time (Seconds) Shots From Ready
1 2.5 1 2
2 5 2 2
3 10 3 2
4 10 3 2
5 20 4 2
Total shots 10/ Possible score 100

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It’s now 51 straight months where the NSSF has reported more than 1,000,000 NICS checks on firearm transfers.

NICS CHECKS TOP 680,000 FOR ‘BLACK FRIDAY’ WEEK

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, revealed that the FBI’s National Instant Criminal Background Check System (NICS) completed 680,671 background checks related to firearms for the week leading up to, and including, “Black Friday,” one of the busiest shopping days of the year. That figure is down slightly from 2022’s total of 711,372 for the same time period. The 2023 total is a 4.3 percent decrease from the 2022 figure.

2023 - NICS - Black Friday Week

FBI NICS completed 214,913 background checks on “Black Friday” alone.

That is the highest figure recorded for a “Black Friday.” The figure approximates firearm sales at retail on that day, although it also includes background checks for other purposes related to firearms such as approvals for concealed carry permits. NSSF will later this week release its Adjusted NICS figures for November reflecting only those background checks related to the sale of a firearm at retail.

NSSF has worked with firearm retailers to spread out special sales offers to customers throughout the week leading up to “Black Friday” so as not to overwhelm FBI NICS on a single day, which can result in longer than normal wait times.

“The background checks reported by the FBI are in keeping with the trends NSSF has seen throughout the year. Firearm sales remain consistently strong, with over a million per month for more than four years running,” explained Joe Bartozzi, NSSF President and CEO. “These figures tell us that there is a continued strong appetite for lawful firearm ownership by law-abiding Americans and that firearm manufacturers across the country continue to deliver the quality firearms our customers have come to expect.”

Annual background check data shows that firearm sales will typically rise during the final months of the year coinciding with hunting seasons and holiday sales.

Below are the breakout tables for each day of unadjusted FBI NICS background checks.

Saturday, Nov. 18, 2023: 95,354
Sunday, Nov. 19, 2023: 52,521
Monday, Nov. 20, 2023: 79,970
Tuesday, Nov. 21, 2023: 101,199
Wednesday, Nov. 22, 2023: 110,703
Thursday, Nov. 23, 2023: 26,011
Friday, Nov. 24, 2023: 214,913

From FOSSCAD

Happy Black Friday y’all! The OK Boomer 3d printed 1911 is now in open beta at The Gatalog. QR code attached here is a link to the room (you need to make a free account)

r/fosscad - Happy Black Friday y'all! The OK Boomer 3d printed 1911 is now in open beta at The Gatalog (on rocketchat). QR code attached here is a link to the room (you need to make a free account)

r/fosscad - Happy Black Friday y'all! The OK Boomer 3d printed 1911 is now in open beta at The Gatalog (on rocketchat). QR code attached here is a link to the room (you need to make a free account)

r/fosscad - Happy Black Friday y'all! The OK Boomer 3d printed 1911 is now in open beta at The Gatalog (on rocketchat). QR code attached here is a link to the room (you need to make a free account)

Ruger Follows Up the Marlin Dark Series with the Re-Release of the Marlin Classic Model 1894 Chambered in .357 Magnum

Hot on the heels of the re-release of the Marlin Dark Series, Ruger has just announced the re-release of one of Marlin’s all-time classics, the Model 1894 lever action chambered in .357 Magnum. Unlike the Dark Series guns, the 1894 Classic is, well, a classic. It has blued steel and an American Black Walnut stock with tasteful checkering and a rubber recoil pad.

The new Marlin 1894 sports an 18.63-inch cold hammer forged barrel, an adjustable semi-Buckhorn rear sight, and a hooded brass bead on the front. Capacity is 10 rounds of .357 Magnum or .38 Special loaded into the full-length magazine tube below the barrel.

Overall length is just 36 inches and weight is only 6.2 pounds. Although I don’t see it listed in the specs, it looks like the new 1894 is drilled and tapped for optics mounting as well. It comes with sling swivel studs installed, and an offset hammer spur if you do decide to mount a scope.

The Marlin 1894 in .357 Magnum is probably my all-time favorite lever gun. It’s sleek, fast-handling and packs a good punch for its size. I used the Model 1894 Cowboy in .357 Magnum for years when I was doing Cowboy Action Shooting and got a have of trigger time in behind that gun.

My buddy shot the same model 1894 and there were always a lot of them represented on the line at any match we went to. It’s a heck of a camp and brush gun, too.

Mine has the 24-inch heavy octagonal barrel on it, which I love, but I appreciate the traditional 18-inch carbine as well, so I’m glad to see that being the first 1894 that Ruger is bringing back into the Marlin line.

There’s still a lot of merit to matching up your lever gun to a handgun of the same caliber when it comes to general utility or range and field use, so if you’re a .357 Magnum fan you should be excited to see the comeback of the classic Model 1894.

Specifications

Caliber: .357 Magnum/.38 Special
Capacity: 10+1
Stock: American Black Walnut
Material: Alloy Steel
Finish: Satin Blued
Front Sight: Brass Bead with Hood
Rear Sight: Adjustable Semi-Buckhorn
Weight: 6.2 lb.
Overall Length: 36″
Length of Pull: 13.63″
Barrel Length: 18.63″
Barrel: Cold Hammer-Forged Alloy Steel
Twist: 1:16″ RH
Grooves: 6
MSRP: $1,239

Happy 101th Birthday Eugene Stoner!

Indiana’s own Eugene Morrison Stoner cut his teeth in small arms as a Marine Corps armorer in World War II and left the world some of the most iconic black rifles in history.

Born on Nov. 22, 1922, in the small town of Gosport, just outside of Bloomington, Indiana, Stoner moved to California with his parents and graduated from high school in Long Beach. After a short term with an aircraft company in the area that later became part of Lockheed, the young man enlisted in the Marines and served in the South Pacific in the Corps’ aviation branch, fixing, and maintaining machine guns in squadrons forward deployed as far as China.

Leaving the Marines as a corporal after the war, Stoner held a variety of jobs in the aviation industry in California before arriving at ArmaLite, a tiny division of the Fairchild Engine & Airplane Corporation, where he soon made his name in a series of ArmaLite Rifle designs, or ARs, something he would later describe as “a hobby that got out of hand.”

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Except for the gas ring wear test (explained there), not bad at all.


7 Things Every AR-15 Owner Needs to Know How to Do.

While driving to an open shooting position on a recent range trip, I saw AR-15 type firearms in every bay as I looked around. Some bays had as many as 10 different varieties of the AR-15 platform rifle. I saw another local gunsmith test firing the fruits of his labors.

I watched a group of 20-somethings challenge each other on a timed course of fire. I observed a dad helping his daughter to hold the gun up while she shot ground-mounted clay pigeons. I even saw a married man in what appeared to be his 60’s trying to tell his wife how to pull the charging handle back.

The common theme in what I saw was this — all of these people had different reasons for purchasing their version of America’s most popular rifle. And none of them appeared to have had any standardized training in their use, care, accessories, or capabilities.

While looking for some common ground, I made a list of seven skills that every AR owner should know.

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Trends in Active Killer Interdiction by Armed Citizens

A lot of active killers are stopped by armed citizens despite what the mainstream media hides from you.  The Crime Prevention Research Center estimates that 34% of active killer attacks are stopped by armed citizens, a much different number than what is declared by the FBI crime statistics.  Even the FBI, however, points out that most such attacks happen in gun free zones.  The truth is, many such attacks have even been stopped through unarmed resistance, but the success rate of armed interdiction is much higher, at over 90% success rate for the citizen.  

The fact is that we now have a fairly extensive list of incidents in which rampaging killers, armed with long guns, have been stopped by armed citizens on the scene who are armed with handguns.  Many question the ability to stop a bad guy with superior weaponry if you are armed with only your carry pistol at the time, but this is not a hypothetical question of “can it be done.”  Rather, it has been done, many times, and the armed citizen prevails the vast majority of the time.  While the perpetrator may be armed with a rifle, and may be wearing body armor, the lesser-armed citizen still has the ultimate advantage of surprise, and typically prevails.  So, the debate over whether or not it can be done can be put to rest.  Rather, we should focus on the lessons learned and the trends apparent in such incidents.  

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N Announces Two New 5.7x28mm Personal Defense and Training Cartridges

Fans of 5.7x28mm chambered guns — and there are more of you out there every day — now have more to choose from ammo-wise thanks to two new rounds announced today by FN. Their new DFNS 30-grain and GUNR 40-grain rounds give those of you shooting the FN Five-seveNRuger-5.7Smith & Wesson M&P 5.7PSA Rock and other guns more options and more options is a good thing. Here’s FN’s press release . . .

FN America, LLC, the creator of the 5.7x28mm cartridge, is pleased to announce the release of two new options to customers who own 5.7-chambered firearms – FN DFNS for personal protection and FN GUNR for training and range use.

FN now offers a total of four 5.7 loads available to the U.S. consumer market with offerings ranging from training, sport shooting, small game hunting and personal defense.

“Since the NATO standardization of 5.7x28mm, there has been tremendous growth in the category and we recognized the need for reliable defensive ammunition and affordable ball ammunition for training, which is why we’re pleased to introduce the FN DFNS personal protection and FN GUNR training loads,” said Chris Cole, Vice President of Sales for FN America, LLC. “FN has spent many years perfecting the design and manufacturing process for 5.7x28mm ammunition to ensure that no matter which FN 5.7 cartridge you load, it will function reliably and deliver the superior accuracy that 5.7 is known for. Our customers and 5.7 enthusiasts alike can depend on FN DFNS and GUNR to deliver equally against that promise.”

 FN DFNS (SS200)

FN DFNS (SS200) is the first 5.7x28mm ammunition perfected for personal protection and delivers safe, reliable performance. FN DFNS is capable of achieving an average of approximately 2,067 feet-per-second while delivering approximately 286 foot-pounds of energy from the muzzle. The unique 30-grain jacketed hollow point bullet contains a copper-tin powdered core designed to expend energy quickly and efficiently while cycling reliably. DFNS has been certified by independent testing to meet the FBI’s ammunition testing protocol to ensure that this high-performance round delivers accuracy and consistent expansion.

FN GUNR (SS201)

The all-new FN GUNR (SS201) 5.7x28mm training round puts new training targets in reach for 5.7 owners. The 40-grain full metal jacketed cartridge features a high-quality brass construction with boxer primer and is designed to achieve an average of 1870 feet-per-second. The FN GUNR delivers extremely low felt recoil, improved accuracy at extended ranges and reliable feeding across all 5.7-chambered firearms and is considered comparable in performance to FN’s other sporting loads.

FN 5.7x28mm ammunition is now available in 50-round individual boxes or 500-round bulk pack cases and new retail packaging for FN’s legacy rounds will be introduced in the coming year.

How Common Is The AR-15

he AR-15 is one of the most common rifles in the world and has a large, diverse user base. Its success is due to many things, such as its adaptability, modular design, and reliability. They have subjected the AR platform to a great deal of abuse in a variety of environments, and it continues to perform exceedingly well.

How Many AR-15s Are in The United States

The National Shooting Sports Foundation (NSSF) estimated that there are over 24 million Modern Sporting Rifles (MSR) in the United States, which include AR and AK-style rifles. Some estimates have the overall number of firearms in the US, including handguns, at over 400 million.

Why is an AR-15 a Popular Gun?

The AR-15 is a popular choice among everyday gun owners for various purposes, including sporting events, home defense, and recreational shooting.

The AR-15 is a modular design, and because of that, you can customize and upgrade parts easily. The flexibility to personalize the rifle to suit the needs of each shooter is a big reason for its widespread popularity. You can use the same base gun for sports shooting, competitions, and personal protection.

How Common is an AR-15?

The Washington Post did a survey at the end of 2022 and estimated that 31% of adults own a firearm; out of that, 20% owned an AR-15-style rifle. That’s 6% of the adult population.

“The data suggests that, with a US population of 260.8 million adults, about 16 million Americans own an AR-15.”

The AR-15 accounted for only 1.2% of all sales in 1990 but jumped to 23.4% in 2020.

 

In Common Use

Recently, the term “in common use has come up.” The Supreme Court determined that the Second Amendment protects firearms “in common use” by “law-abiding citizens for lawful purposes” in its historic DC v. Heller ruling. The court ruled that if the gun is “in common use,” it is covered under the Second Amendment.

 

In March, the president of Everytown for Gun Safety, John Feinblatt, tweeted, “1 in 4 guns sold in America is an AR-15. 1 in 20 Americans owns an AR-15.” His organization is anti-gun, and you would think his numbers would support the claim that AR’s are not in common use, but they appear to do just the opposite.

If one out of every four guns made is an AR and one in twenty people owns one, it seems common. Its widespread popularity makes it one of the most recognizable and commonly owned rifles worldwide. The AR-15 is arguably the most popular rifle in America.

Gun Hobbyists (and Liberty) Win Big in Court
Fifth Circuit judges slap the ATF for making up illegal rules against homemade guns.

The Biden administration’s scheme to threaten the public with tightened gun-control regulations by reinterpreting laws to mean what they never meant in the past is running into some speed bumps. Stumbling over one of those obstacles is an attempt by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to define unfinished firearm frames and receivers—functionally, paperweights—as firearms for the purpose of regulating homemade “ghost guns.” The courts aren’t buying the government’s argument and on November 9 delivered another slap to regulators and the White House.

Law Doesn’t Mean What You Claim It Means

“The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy,” wrote Judge Kurt D. Engelhardt for three judges of the Fifth Circuit Court of Appeals in ruling on VanDerStok v. Garland. “Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”

Specifically, the court addressed portions of the ATF’s new “frame and receiver” rule which reinterpreted existing law, particularly elements of the Gun Control Act of 1968. The rule would extend the ATF’s reach and allow the government to restrict home construction of firearms in ways that the Biden White House wants as part of a crusade against so-called “ghost guns” but hasn’t been able to get through Congress.

In particular, the new ATF rule redefines firearms terms to incorporate modern devices that work differently than designs that were common when the law was written. The rule also treats unfinished parts that must be drilled, milled, and assembled by hobbyists to become working mechanisms—often called “80 percent receivers”—as if they are completed firearms. It additionally targets parts kits that can be combined with finished frames and receivers to make functioning guns. As I wrote last year, the rule’s language is “clear as mud” in seeking to subject as much activity as possible to regulation.

“The Final Rule is limitless,” wrote concurring Judge Andrew S. Oldham who agreed with the majority “without qualification” but wrote separately because he considered his colleagues insufficiently brutal to the ATF. “It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver. And it doesn’t stop regulating the metal or plastic until it’s melted back down to ooze.”

That was much the reaction of U.S. District Judge Reed O’Connor who vacated the entire ATF rule in June. The appeals court panel upholds the district court’s findings, though it returns the case to the district “for further consideration of the remedy, considering this Court’s holding on the merits.” That might mean an outcome short of vacating the entirety of the rule, though Oldham’s concurrence suggests he prefers something rather more drastic to slap down the ATF for its presumption.

The ATF Gets an Earful

In fact, none of the Fifth Circuit judges were impressed by the ATF’s arguments.

“Both a ‘frame’ and a ‘receiver’ had set, well-known definitions at the time of the enactment of the GCA in 1968,” the court notes of the ATF’s efforts to extend its remit over unfinished components. “As written, the Final Rule states that the phrase ‘frame or receiver’ includes things that are admittedly not yet frames or receivers but that can easily become frames or receivers—in other words: parts… Such a proposition defies logic: ‘a part cannot be both not yet a receiver and a receiver at the same time.'”

The judges are equally scathing when it comes to the ATF’s efforts to regulate kits used by DIY hobbyists.

“Notably, the [privately made firearms] that play a central role in the Final Rule were not unknown at the time of the GCA’s—or, for that matter, its predecessors’— enactment,” they write, citing “The American Tradition of Self-Made Arms,” by Jospeh G.S. Greenlee, an article published this year in St. Mary’s Law Journal. “And in perfect accord with the historic tradition of at-home gunmaking, Congress made it exceedingly clear when enacting the GCA that ‘this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes.'”

“ATF’s Final Rule alters this understanding by adding significant requirements for those engaged in private gun-making activities,” they add.

“The Government argues that ATF has historically regulated parts that are not yet frames or receivers as frames or receivers, thus making the Final Rule a valid extension of past agency practice,” the court continues. “Simply because ATF may have acted outside of its clear statutory limits in the past does not mandate a decision in its favor today.”

That’s doesn’t mean the Biden administration and the ATF have no recourse if they want to further restrict firearms or regulate popular gun-related hobbies.

“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” the court cautions. “But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature.”

“This is yet another massive victory against ATF and a huge blow to the Biden Administration’s gun control agenda,” commented Cody J. Wisniewski, the Firearms Policy Coalition Action Foundation General Counsel and counsel for plaintiffs. “ATF has no authority to make law, and the Biden Administration cannot circumvent Congress and the rights of the People through federal agency rulemakings–a point the Fifth Circuit just reiterated. We look forward to defending this win and to continuing to deliver additional victories to the People in the future.”

Despite the Fifth Circuit decision, the ATF rule remains in effect while the U.S. Supreme Court decides whether to take up the case, as per an August 8 order by Justice Samuel Alito.

Another Overreach Slapped Down

In a separate but related ruling, another court slapped down the ATF’s effort to redefine pistol braces as shoulder stocks, rendering firearms so equipped as short-barreled rifles under the National Firearms Act (NFA). Braces are intended to help disabled shooters more accurately handle weapons one-handed, but many designs very closely resemble shoulder stocks. That doesn’t matter, noted the court.

“Some form of protest can be expected when constitutional rights are allegedly infringed,” wrote Judge Matthew Kacsmaryk, of the United States District Court for the Northern District of Texas, in acknowledging that many braces are used as stocks by people opposed to stringent firearms regulation. But Kacsmaryk observed that the braces are in “common use” and so enjoy constitutional protection. He added that the proposed rule was not a logical outgrowth of existing law and, in keeping with a recent Fifth Circuit ruling, “must be set aside as unlawful.”

Ultimately, government officials are failing in their efforts to end-run Congress by jamming through restrictive new gun policies as regulatory “reinterpretations” of old statutes. If they want to threaten more people with penalties for owning and using firearms, they’ll have to do so through the hard work of legislating.

‘Ghost Guns’ Rule Exceeds ATF Authority, Appeals Court Holds

A federal appeals court Thursday tossed part of a rule targeting build-at-home “ghost guns” in a case advocates brought, holding the regulation exceeds “limits on agency authority in the name of public policy.”

The US Court of Appeals for the Fifth Circuit affirmed in part and vacated in part a lower court ruling that the Bureau of Alcohol, Tobacco, Firearms, and Explosives final “frame or receiver” rule targeting privately made firearms without serial numbers conflicts with the Gun Control Act.

“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control. But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature,” Judge Kurt D. Engelhardt wrote for the court.

ATF must operate within the statutory text’s limits until Congress acts, the judge said. “The Final Rule impermissibly exceeds those limits, such that ATF has essentially rewritten the law,” Engelhardt said.

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How Far We’ve Come

As many of you know, I am a life-long student of the history of the American West, especially the lawmen and outlaws. Just yesterday, I read a piece about a frontier lawman, in this case Wyatt Earp, pulling his handgun and hitting a troublemaker over the head. In fact, this “buffaloing”, as they called it was quite common and considered a proper response to certain threats and conduct.

Of course, back in those days the old single actions that most folks carried were robust enough to take such abuse. The more modern double-action revolvers and semi-automatics could be more easily damaged and possibly cause a negligent discharge. The only time I saw someone hit with a gun was when a fellow officer hit a thug over the head with his DA revolver, causing the gun to discharge and wound two bystanders.

In time, courts and juries began to take a dim view of using the handgun as a club. And our good, modern training, with an emphasis on safety, along with modern less-lethal options like OC spray and tasers, has pretty much caused the practice to be a thing of the past.

Another thing that a western historian will notice is the old-time practice of leaning on the butt of a rifle or shotgun with the muzzle resting in the dirt, possibly allowing foreign objects to get into the bore of the gun. Even worse are the photos of individuals resting the gun muzzle on the toe of their boot. Sadly, in more recent times, it has been the practice of some shotgun competitors; something that I hope is currently being discouraged. Years ago, I had a friend who had a horribly mangled right hand from resting it on the muzzle of his loaded .410 shotgun; it’s a wonder that he had a hand at all.

In my own case, as a young officer, I attended numerous law enforcement firearm classes. One thing that they had in common was the fact that no one said anything about keeping your finger off the trigger, much less keeping it out of the trigger guard entirely. To my knowledge, the first that this was emphasized was in conjunction with Jeff Cooper’s Modern Technique of the Pistol in the late 1970s. We now call it Gunsite’s Rule #3, the Golden Rule, and there is no telling how many negligent discharges and injuries this training has prevented.

Sadly, the old-time handgun men had to learn the hard way what worked and what didn’t work, what was safe and what wasn’t. In the interim, the National Rifle Association began to put gun safety into the forefront of all firearms training and individual firearms instructors have followed suit. Nowadays, just about any firearms class you attend begins with a safety lecture and that is exactly as it should be.

We certainly can, and should, enjoy the history, stories, and photos of our frontier days. But we should also take time to be thankful and mindful of the great advances that have been made in terms of gun safety. A lot of the old-time gunmen might have lived a lot longer if they had had the same training that is available to the modern shooter.

1.3 MILLION SOLD: NATIONAL GUN SALES UP 20 PERCENT LAST MONTH

No matter how you stack it, the numbers for October 2023 show a significant jump in gun sales nationwide.

Last month was the third-highest October on record in terms of federal background checks for gun transfers since the Federal Bureau of Investigation’s National Instant Criminal Background Check System was established over 20 years ago.

When the numbers for last month were adjusted by the National Shooting Sports Foundation to remove gun permit checks and rechecks, the adjusted figure stands at 1,370,719, a 20-percent increase from the September 2023 tally of 1,141,847. Even when compared in a more apples-to-apples sense to the October 2022 NSSF-adjusted NICS figure of 1,265,311, it is an 8.3 percent bump.

“Once again, 1.3 million background checks for firearm sales at retail demonstrate the value Americans place on their Second Amendment rights,” Mark Oliva, NSSF’s director of public affairs, told Guns.com in an email on Wednesday. “This is telling, given the stark reminders of the importance of the Second Amendment protecting the right for law-abiding citizens to keep and bear arms and protect themselves and their loved ones.”

Further, last month’s figures mark the 51st in a row where such checks soared past the 1-million mark.

It should be noted that the federal background check numbers do not include private gun sales in most states or cases where a carry permit is used as an alternative to the background check requirements of the 1994 Brady Law, which allows the transfer of a firearm over the counter by a federal firearms license holder without first performing a NICS check. Over 20 states accept personal concealed carry permits or licenses as Brady exemptions.

Likewise, the figures do not capture privately made firearms.

SCOTUS Grants Cert to Bump Stock Case

The Supreme Court will decide whether the Trump administration’s ban on bump stocks, implemented by the ATF in 2018 after the Route 91 music festival shootings in Las Vegas, was a proper exercise of agency authority or an overreach on the part of the administration. On Friday the Court granted cert in a case known as Garland v. Cargill; one of several cases that have been bouncing around the lower courts since the ban was first put in place.

The Court’s granting of the case wasn’t exactly a surprise, for a couple of reasons. The Solicitor General had sought Supreme Court review, but there are also splits in the federal appellate courts over the legality of the ban. The Fifth Circuit has ruled the bump stock ban was improperly put into effect, while the D.C. Circuit, Sixth Circuit, and Tenth Circuit have all allowed the ban to remain in effect.

The question before the Court is whether a bump stock can be considered a “machine gun” under the statutory definition provided by the National Firearms Act; “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.”

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NY’s Door-to-Door Crusade Against Homemade Guns Backfires, Unintentional Masterclass in Ghost-Gunsmithing

New York State declared war on citizens making their own firearms. To crack down on privately manufactured firearms (PMF), the New York State Police (NYSP) are showing up in force at people’s doors. The reason for the informal visit seems to be an inquiry related to purchased pistol parts from the website eBay. Ammoland News has learned from Law Enforcement Sources that the New York Police Department released a “ghost gun” handbook explaining PMFs and how to identify them.

Two weeks ago, NYSP “Ghost Gun” Team members began visiting citizens in the New York City area requesting information about parts purchased from eBay. The parts were purchased from multiple sellers across the auction platform.

Most disturbing, the officers had printouts of everything purchased by the individuals from the website, leading to the question of how the State Police came into possesion the item list.

AmmoLand News spoke to several of the residents that the State Police visited. None of the individuals allowed the police to inspect their firearms. The officers would state, “We know what you have.” When the residents still refused to hand over any information, the State Police let them know they could turn in anything violating New York law to the State Police. None of the residents we spoke to were threatened with legal action, and the interactions were between five and fifteen minutes.

Could eBay be handing over private transaction information to the police?

Since the task force had a complete list of the items purchased on eBay, eBay is the most likely source for the information. AmmoLand News reached out to both the New York State Police and eBay, but neither would confirm or deny what information was shared.  All interactions AmmoLand News was able to track down are from the greater New York City area. We also have not identified any visits within the city’s five boroughs.

At the same time the New York State Police are going door to door, the New York Police Department (NYPD) released a handbook to identify “ghost guns.”

This guide was leaked to AmmoLand News but is now being widely circulated across the internet.

Ghost Guns: Past, Present, and Future NYPD Intelligence Division Major Case Field Intelligence Team
Ghost Guns: Past, Present, and Future NYPD Intelligence Division Major Case Field Intelligence Team

The guide lists a gun’s parts and gives an example of a lower receiver. According to the guide, “all lower receivers need to be serialized” because the federal government considers them firearms. Next to this statement is a picture of an 80% AR-15 receiver. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Final Rule on frame and receiver is very clear on this topic.

The ATF has never and still does not consider 80% AR-15 receivers to be firearms.

The document also incorrectly states that all lower receivers must be serialized under federal law. Once again, the document is incorrect. The ATF says a frame or receiver must only be serialized when transferred. According to federal law, it is legal to have an unserialized firearm unless it previously had a serial number. Many are concerned that these inconsistencies between the law and the guide could lead to false arrests. AmmoLand News contacted the individual contacts listed in the document to see if the misinformation would be corrected, but none responded.

In addition to those retailers, the guide also covers the Ghost Gunner. The Ghost Gunner is a tabletop CNC machine that allows users to mill a firearm. It also lists the sites that sell the device and shows a picture of the founder of Ghost Gunner and Defense Distributed, Cody Wilson. The document references Defcad, which is another Defense Distributed project.

AmmoLand News spoke to Cody Wilson, who found the New York Police Department handbook to identify “ghost guns” document hilarious. He believes it is an excellent advertisement for his company.

“New York has produced the best getting started guide on the market,” Wilson said. “We will be emailing it to all of our customers.”

The document also explains how to 3D print a gun. It breaks down the printers needed, including the Creality Ender 3, and lists the filament types. It also gives an overview of the most popular slicing software. A current bill in the New York Legislature would require background checks to purchase a 3D printer.

The document also lists the most popular sites for downloading “gun CAD” files. Even if someone were to download the files, they would be unable to turn that 3D-printed model into a working firearm without certain parts. Fortunately for the building community, the NYPD documentation lists the parts and links to sites selling everything a person could use to finish the homemade firearm.

Oh No! Crypto!

The documentation touches on Glock switches purchased off of Chinese sites. These are auto sears and turn a regular Glock into a machine gun. In addition to auto sears, the document also worries about importing solvent traps to make suppressors.

The handbook also states they will attempt to get postal data to track shipments. The NYPD will also try to get Micro Center and Amazon data to track 3D printers and supply purchases. The police attend gun shows in other states to follow the selling of firearms parts.

The document also states that many who print guns are involved in cryptocurrency. The NYPD points to several gun-part retailers that accept BitCoin as a payment option. Many non-gun sites accept cryptocurrency as payment.

It also lists items to look for when executing a search warrant. These include packages, pre-paid credit cards, invoices, gun parts, storage locker keys, 3D printers, flash drives, cell phones, and micro SD cards.

The NYPD will offer a one-hour class to officers to help them identify PMFs. The content of the class has yet to be released, but when made available by the department, AmmoLand News will publish it.

Neither the NYPD, NYSP, nor eBay responded to requests for comment for this story.

LEAKED: Ghost Guns: Past, Present, and Future NYPD Intelligence Division Major Case Field Intelligence