ATF Rul. 2005-4 ... Performed Search: Found Nothing

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aom22
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ATF Rul. 2005-4 ... Performed Search: Found Nothing

Post by aom22 »

ATF Rul. 2005-4 ... http://www.atf.gov/regulations-rulings/ ... 2005-4.pdf
Performed a search trying to find any references to ATF Rul. 2005-4.
And, I can't find anything.

My question(s):
Is this the BATF ruling that permits domestic airgun manufacturers to legally install shrouded barrels and moderators on their production airguns?
Is this the BATF ruling that permits foreign airgun manufacturers to legally import their production airguns equipped with suppressors/moderators?

Reference: Is an airgun moderator legal? ... http://www.network54.com/Forum/79537/th ... tor+legal-
Fallschirmjäger
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Re: ATF Rul. 2005-4 ... Performed Search: Found Nothing

Post by Fallschirmjäger »

aom22 wrote:ATF Rul. 2005-4 ... http://www.atf.gov/regulations-rulings/ ... 2005-4.pdf
Performed a search trying to find any references to ATF Rul. 2005-4.
And, I can't find anything.

My question(s):
Is this the BATF ruling that permits domestic airgun manufacturers to legally install shrouded barrels and moderators on their production airguns?
Is this the BATF ruling that permits foreign airgun manufacturers to legally import their production airguns equipped with suppressors/moderators?

Reference: Is an airgun moderator legal? ... http://www.network54.com/Forum/79537/th ... tor+legal-
This doesn't reference the ATF ruling, but it does reference a court ruling that unless a suppressor is designed/manufactured FOR a firearm, it's not an NFA item:

http://caselaw.findlaw.com/us-1st-circuit/1527670.html

Enjoy...
aom22
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Re: ATF Rul. 2005-4 ... Performed Search: Found Nothing

Post by aom22 »

Fallschirmjäger wrote:This doesn't reference the ATF ruling, but it does reference a court ruling that unless a suppressor is designed/manufactured FOR a firearm, it's not an NFA item:

http://caselaw.findlaw.com/us-1st-circuit/1527670.html
I appreciate the infomation an link ... however, I was aware of this specific court case.
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Bendersquint
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Re: ATF Rul. 2005-4 ... Performed Search: Found Nothing

Post by Bendersquint »

Also keep in mind that even if it is made for an airgun or airsoft and it is capable of being used on a firearm then thats hot water.

That is why the GAMO and others are permanent to the barrel, you can't remove them because if you could they would work on firearms, and I might add they are pretty effective on a 22lr bolt gun.
Fallschirmjäger
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Re: ATF Rul. 2005-4 ... Performed Search: Found Nothing

Post by Fallschirmjäger »

Bendersquint wrote:Also keep in mind that even if it is made for an airgun or airsoft and it is capable of being used on a firearm then thats hot water.

That is why the GAMO and others are permanent to the barrel, you can't remove them because if you could they would work on firearms, and I might add they are pretty effective on a 22lr bolt gun.
That was always the conventional wisdom, but with that appellate court judgement, there is now (as of 2010) a legal precedent that narrows that definition to specifically items that are designed and manufactured FOR a firearm.

I also used to fret about this, specifically because so many respectable folks in the airgun community wrote tomes on the subject of the legality of moderators, but I'm not concerned any longer.
aom22
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Legal precedent Manufacture of Air Gun for Moderators/Silenc

Post by aom22 »

Fallschirmjäger wrote:
Bendersquint wrote:... many respectable folks in the airgun community wrote tomes on the subject of the legality of moderators ...
And, airgun manufacturers are producing airguns with permanent moderators ... Crosman for instance.
I have corresponded with Crosman requesting the specific legal reason they rely now for permission to manufacture moderator/silencer on their products..
After over three inquires ... Crosman never has responded ... ... not a peep from Crosman on the topic.

This to me means, Crosman is concern over potential litigation.
And, their legal basis is less than absolute.

Has the BATF ever issued a permission letter to an airgun manufacturer to produce airguns with moderators/silencers.

By the way, there are individuals in the air gun aftermarket making silencers for air rifles/pistols.
But, they will not refer to their products as silencers.
Last edited by aom22 on Sun Feb 10, 2013 7:47 pm, edited 1 time in total.
Fallschirmjäger
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Re: Legal precedent Manufacture of Air Gun for Moderators/Si

Post by Fallschirmjäger »

aom22 wrote:
Fallschirmjäger wrote:
Bendersquint wrote:... many respectable folks in the airgun community wrote tomes on the subject of the legality of moderators ...
And, airgun manufacturers are producing airguns with permanent moderators ... Crosman for instance.
I have corresponded with Crosman requesting the specific legal reason they rely now for permission to manufacture moderator/silencer on their products..
After over three inquires ... Crosman never has responded ... ... not a peep from Crosman on the topic.

This to me means, Crosman is concern over potential litigation.
And, their legal basis is less than absolute.

Has the BATF ever issued a permission letter to an airgun manufacturer to produce airguns with moderators/silencers.

By the way, there are individuals in the air gun aftermarket making silencers for air rifles/pistols.
But, they will not refer to their products as silencers.[/url].
aom22 wrote:
Fallschirmjäger wrote:This doesn't reference the ATF ruling, but it does reference a court ruling that unless a suppressor is designed/manufactured FOR a firearm, it's not an NFA item:

http://caselaw.findlaw.com/us-1st-circuit/1527670.html
I appreciate the infomation an link ... however, I was aware of this specific court case.
If you're aware of the court case, and you've read the documentation, then you'll see that the ruling in this case sets a legal precedent, mainly that the ATF's own definition of a silencer effectively excludes items that were NOT designed for firearms as silencers, unless of course they are attached TO a firearm. The document the ATF prepared is not really accurate, and IMHO is the ATF trying to make up their own rules, as they destroyed the barrel and then attached the moderator to a firearm and got a decibel reduction, so they effectively "manufactured" a silencer because they attached it to a firearm. Making a device to quiet an airgun is just that, making a device to quiet an airgun, not designing or manufacturing a device to suppress a firearm. That is why the court ruled the way it did.

Regarding the euphemisms used to describe airgun moderators, it's obvious that folks just want to make a distinction between calling them silencers because of the association that term (which is incorrect in itself) has with firearms. Therefore folks call them LDC's (Lead Dust Collectors), moderators, air strippers, etc., because they are reinforcing the fact these are not designed or intended to be used on firearms.

And yes I'm aware there are folks who manufacture these, as well as dealers here in the states who import the good stuff from Germany and Britain and sell them, although generally permanently attaching them to the air rifles. The folks who manufacture them here in the states, including the one you mentioned, are very sensitive about the distinction that these are designed and manufactured specifically for air rifles and NOT firearms. In the case of the site you mentioned, I know this because I host and maintain that site for the individual, and we have references that specifically address this. However, most of those folks still don't want attention outside of the airgun community...
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