The new rules have been announced

[ATN082268]

Originally Posted by Spats McGee

Congress routinely delegates rule-making authority to various agencies. BATFE is one such agency. This is nothing new or unexpected. Whether BATFE has overstepped its bounds will be a question for the courts to decide.

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Does the U.S. Constitution allow Congress to delegate its authority?

[44 AMP]

Does the U.S. Constitution allow Congress to delegate its authority?

I believe the answer is yes, though you won't find it in the Constitution in exactly those words.

Congress has the authority to create laws. Those laws can do, literally, anything. Once passed by Congress and signed by the President, they become the law of the land until such time as another law replaces them, or the Supreme court rules the law violates the Constitution, and is therefore, invalid.

What we are talking about in this thread is a regulation, NOT a law. A regulation from a department of the Executive branch, created by them, in order to enforce the laws passed by Congress.

Congress does not enforce the laws they create. That is a function of the Executive branch. Congress does, however, control the funding. SO they DO have a say in what the Executive branch does, but they don't have direct line item control, nor, should they.

Our govt was not created and set up by the Constitution with the idea that Congress would have the authority or the responsibility to micro manage every single thing the govt does. Even if some Congress members think they do, or ought to. There are good valid and sound reasons why we have different branches of govt, to do different things.

Considering some of the people who have been elected to Congress over the years, I think its generally a good thing that Congress is not micro-managing everything. There are people who disagree with that, everyone is entitled to their own opinion.

[emissary1911]

Ok if by definition, they make the upper and lower each have to have a serial #, then I would say when it comes into affect, Dont take your glocks apart to clean them, if you do you will create another gun, and you will be breaking the law!

[44 AMP]

Dont take your glocks apart to clean them, if you do you will create another gun, and you will be breaking the law!

No, you wouldn't be creating another firearm or breaking the law.

As I understand it, there is no retroactive change. Parts you already own, parts are in guns now remain just parts. Some parts that will need to be serial # due to the changes of the rules will be, from the effective date of the rule change, forward.

In other words, there will be an effect on the legal status of what you can buy in the future, but not on the parts in guns now, so taking the slide off your Glock does NOT create an additional firearm in the eyes of the law.

Buying another slide after the effective date of the change going into effect MIGHT be treated as purchase of a firearm, IF that is the ruling of the ATF, and, it this point its not clear just yet what, and which firearms and parts will be affected. Pretty sure the AR type guns will be. Semi auto pistols? I don't know, I haven't slogged through the 300+ page change yet.

For those who have, if I'm in error, please correct me.

[kkb]

What I'm curious about is if I sell my 5 yo AR-15, in a state that requires FFL xfers to do so, will I have to get the various parts engraved to the new standard, or does grandfathering follow the rifle.

[Aguila Blanca]

Originally Posted by kkb

What I'm curious about is if I sell my 5 yo AR-15, in a state that requires FFL xfers to do so, will I have to get the various parts engraved to the new standard, or does grandfathering follow the rifle.

The answer is in the document:

The final rule also exempts from the new definitions and marking requirements existing split frame or receiver designs in which a part was previously classified by ATF as the firearm “frame or receiver” and provides examples and pictures of select exempted frames or receivers, such as AR-15/M-16 variant firearms. The only exception to “grandfathering” will be for partially complete, disassembled, or nonfunctional frames or receivers, including weapon or frame or receiver parts kits, that ATF did not classify as firearm “frames or receivers”as defined prior to this rule.

[Sharkbite]

The only exception to “grandfathering” will be for partially complete, disassembled, or nonfunctional frames or receivers, including weapon or frame or receiver parts kits, that ATF did not classify as firearm “frames or receivers”as defined prior to this rule.

So…if i have a few different uppers for my AR lower…..How does that play out?

I have about 6 lowers and 12-15 uppers (different lengths, optics, calibers).

[Aguila Blanca]

Originally Posted by Sharkbite

So…if i have a few different uppers for my AR lower…..How does that play out?

I have about 6 lowers and 12-15 uppers (different lengths, optics, calibers).

See post number 56.