Hey,
It’s been an interesting week, with the debates, the interview with Trump and the cancelation of the BMST event in Bonneville. Then there’s this image my son sent me this morning.
We better hit the news.
The Bikernet Weekly News is sponsored in part by companies who also dig Freedom including: Cycle Source Magazine, the MRF, Iron Trader News, ChopperTown, BorntoRide.com and the Sturgis Motorcycle Museum.
REGARDING THE DEBATE—I’ll let Alex Epstein handle the response.
How I would debate energy and climate if I were running for President
In last night’s debate, some candidates made good points about energy. But there’s a lot of room for improvement.
During and after last night’s Republican Primary debate I got a bunch of messages praising the candidates for using some of my Energy Talking Points.¹
One top Senate staffer wrote me: “I think your talking points were the biggest winner tonight.”
While I am glad to have had a positive influence on what politicians are saying about energy, my main reaction to last night’s debate was that no candidate is close to taking full advantage of the best energy messaging and policy ideas.
So here are the top 5 points I’d make to put forward a positive vision of energy and energy freedom, followed by how I’d answer the question about young people’s fear of climate change that no candidate answered directly.
(Just to be clear, I am never going to run for President or any other political office. But I will continue to do whatever I can to help elected officials and candidates to have the best possible policies, messaging, and facts when it comes to energy, environment, and climate.)
1. The most important thing I can do to make your life better—something that will lead to a better economy, a lower cost of living, more well-paying job opportunities, a smaller deficit, and greater national security—is unleashing American energy.
2. Because energy is the industry that powers every other industry, the price of energy affects the price of everything: the lower cost energy is, the lower cost everything is—the higher cost energy is, the higher cost everything is.
3: If we unleash American energy with energy freedom policies—allowing every form of energy to achieve its potential—we will become the world’s energy superpower by far, whether it’s oil, gas, nuclear, geothermal, whatever.
Remember when the world thought American oil was dead? Thanks to American energy freedom we had the shale revolution, and now we’re the world’s leading producer.²
4: Instead of unleashing American energy with energy freedom, Joe Biden has strangled American energy with green energy fascism—using dictatorial power to stop crucial mining and drilling projects, shut down reliable power plants, and prevent vital new pipelines.³
The results of Biden’s green energy fascism are higher energy prices, an increasingly unreliable grid, and a deadly dependence on China, which controls the whole solar/wind/battery supply chain, produced of course using coal; China is actively building over 100 new coal plants.4
5: If elected President, I will from Day 1 unleash American energy with energy freedom policies, including: liberate domestic mining and drilling for all forms of energy, end preferences for unreliable electricity, and decriminalize nuclear energy.
With my energy freedom policies, we’ll see a jump-started economy, lower fuel prices and food prices, new job opportunities for workers of all skill levels, a lower deficit, and a weakened China that can no longer control our energy and therefore us.
To unleash American energy through energy freedom is going to require not just rhetoric but radical, enduring policy changes against huge deep state and corporate opposition. I am 100% committed to making this kind of change.
How I would have responded to last night’s climate question from a student, which was: “Polls consistently show that young people’s number one issue is climate change. How will you as both President of the United States and leader of the Republican Party calm their fears that the Republican Party doesn’t care about climate change?”
Many Americans, especially young Americans, are very concerned about climate given what they hear from the media and other institutions. The solution is neither to evade their concern nor to appease it. We need a candidate who can alleviate their concerns with science, logic, and good policy ideas.
We need to make clear to young people the difference between climate impact, which is real, and climate catastrophe, which is not.
The world has warmed ~1° C in the last 170 years. Humans have some influence. But because we are so good at mastering climate, climate disaster deaths fell 98% over the last century.5
To address any long-term concerns about CO2 emissions we need to advocate the policies that have the best chance of actually leading to cost-effective alternatives that everyone, including China and India, will actually use. And those policies are energy freedom policies.6
Energy freedom means: liberate development, including mining, from all the irrational restrictions (including NEPA, which strangles anything that somehow connects to the Federal government, which is most large projects) and to decriminalize nuclear energy.
–Energy Talking Points
DIRECT FROM THE BONNEVILLE MOTORCYCLE SPEED TRIALS–
I wanted to reach out directly to you, the participants. For many of you I know your race programs, how they have grown, and what you are looking to achieve at the event. For our newest participants I was looking forward to meeting you and learning about you and your objectives. Everyone has a story and a goal, and I want to facilitate and support you in achieving them.
A small core crew of racer volunteers have been working here in Wendover the past few days as part of the assessment team, and also prepping gear and trailers to support 2024.
We have significant new improvements we were planning to debut (including new mile marker flags) that we have prepped for implementation next year. As of Thursday, this team is heading back to their homes and we will be spending the weekend unpacking and getting the next items in our cancellation process underway.
I will begin contacting each of you early next week about our plans for 2024 and cancellation options to support the event. It takes a lot to support world class racing and I thank you for your patience with this all volunteer operation as we shift gears into closing 2023 and planning for 2024.
–Delvene Reber
Event Director/Owner
Deliciate Promotions LLC
Bonneville Motorcycle Speed Trials
PH: 530.263.7276
BonnevilleMST.com on Facebook, Instagram and Twitter @bonnevillemst
COMMENT FROM DR. JUDITH CURRY’S WEBSITE–
People who criticize coal are beyond redemption. Coal is poetic; trees covered Gondwana during the Carboniferous period. Those trees died and after millions of years became coal. Humans dig up coal and use it to build every amenity which has taken humanity from the tyranny of nature: energy. steel, cement; and when humanity burns coal CO2 is released to feed the plants alive today.
Only a moron would find fault with that.
–Dr. Judith Curry
LIFESTYLE CYCLES DEAL OF THE WEEK— 2022 Harley-Davidson FXBBS – Street Bob 114
Stock# 13969
2022 FXBBS Street Bob 114 CI with only 3,537 miles!
The time has come for Lifestyle Cycles to start getting in the newer year models of Harley Davidson motorcycles and with this 2022 FXBBS Street Bob we couldn’t be happier to have it be a part of our inventory!
* Krator tall Fairing
* Black Fork Boots
* Chrome Engine Guard
* 114 Cubic Inch Engine
* Harley Two Seater with Sissy Bar
* Passenger pegs
* Stock Dual Exhaust
* Single Saddlebag
* These Tires are very much ready for more miles!
* 10-Inch Wrinkle Black Handlebars
* This bike is only at 3500 miles and counting, be the next to add more miles to its odometer!
* Stage 1 Air cleaner
This bike is only $14,995.00
Plus license, $85.00 documentation fee, and local sales tax. NO HIDDEN FEES like some dealers. And we have no reconditioning or prep fees.
This bike has passed Lifestyle Cycles rigorous 92-point safety/mechanical/structural inspection.
This motorcycle has not been refurbished and does not come with any warranty expressed or implied! EXTENDED WARRANTIES are available!
We have EZ FINANCING
Lifestyle Cycles is located at 1510 State College Blvd,Anaheim,CA,92806. Open 7 days a week.
NOT LOCAL? WE HAVE SHIPPING AVAILABLE! Call today (714) 490-0155.
SALT TORPEDO CHECK LIST—
We were working on a Bonneville track check list. Here’s what we came up with so far:
- Check front end, and steering fasteners
- Check front wheels
- Check Tire pressure
- Check for fuel leaks
- Check fuel level
- Check oil level.
- Check rear chain, tire and axle
- Safety wire rear axle
- Check all pilot controls for lose fasteners and adjustments
- Check motor mounts
- Transmission mounts
- Gas tank mounts
–Bandit
GRASSROOT SPOTLIGHT FOR GUN NUTS—
Annual Legally Armed in Detroit Ladies Shoot
Last month, the NRA had the privilege of attending and sponsoring the 12th Annual Legally Armed in Detroit’s Ladies Shoot. This event is the largest, free, women’s shoot of its kind.
Most of those in attendance had never fired a gun before. Thousands of ladies partook in this one-of-a-kind, judgment-free event, with the assistance of NRA and USCCA volunteer instructors.
This made for the perfect introduction to firearms and firearms safety. Following the event, many showed a deep interest in seeking further firearms training. NRA-ILA has long-supported new NRA Board Member, Rick Ector’s, Legally Armed in Detroit event. Last month, as we set-up at Midwest Shooting Center (formally Top Gun), we were once again reminded of where it all began.
–NRA
ANOTHER 100-WORD FICTION IS COMING—
REVIEW: Very engaging and sets the mood and scenario. I like it. It could be a lengthier story.
The mention of a crack whore wife reminded me of Johnny Cash song — Cocaine Blues and Folsom Prison.
Check it out.
COCAINE BLUES by Johnny Cash
Early one mornin’ while makin’ the rounds
I took a shot of cocaine and I shot my woman down
Went right home and I went to bed
I stuck that lovin’ 44 beneath my head
Got up next mornin’ and I grabbed that gun
Took a shot of cocaine and away I run
Made a good run but I ran too slow
They overtook me down in Juarez, Mexico
Late in the hot joints takin’ the pills
In walked the sheriff from Jericho Hill
He said, “Willy Lee, your name is not Jack Brown
You’re the dirty heck that shot your woman down”
Said, “Yes, oh yes my name is Willy Lee
If you’ve got the warrant just a-read it to me
Shot her down because she made me slow
I thought I was her daddy but she had five more”
When I was arrested I was dressed in black
They put me on a train and they took me back
Had no friends for to go my bail
They slapped my dried up carcass in that county jail
Got up next mornin’ ’bout a half past nine
I spied the sheriff coming down the line
Ah, and he coughed as he cleared his throat
He said, “Come on, you dirty heck, into that district court”
Into the courtroom my trial began
Where I was handled by twelve honest men
Just before the jury started out
I saw the little judge commence to look about
In about five minutes in walked the man
Holding the verdict in his right hand
The verdict read in the first degree
I hollered, “Lawdy Lawdy, have a mercy on me”
The judge he smiled as he picked up his pen
99 years in the Folsom pen
99 years underneath that ground
I can’t forget the day I shot that bad bitch down
Come on you’ve gotta listen unto me
Lay off that whiskey and let that cocaine be
–Wayfarer
Editor
Bikernet Blog
NEWS FROM THE LOWBROW CREW—
Rise to the occasion!
Rise and Shine!
How High Do You Wanna Be? …
OK, ignore the bad puns, but do Get 30% OFF a variety of Risers right now!
Check out handlebars and grips while you are at it to dial in your riding comfort (and style)!
Get those bars in just the right position!
STRANGE MOTORCYCLES OF THE WEEK—
–Sam Burns
Feature Bike Editor
Bikernet.com™
“It is stupid to buy ICE now” – Ola Electric CEO
The company recently launched the Ola S1 Air and on Independence Day it launched the S1 X across its 1000 sales centers. Ola expects demand to grow further in small towns and rural areas with the S1 X, which is more affordable. Ola believes demand will go even deeper into the countryside now.
See full story at:
https://auto.economictimes.indiatimes.com/news/two-wheelers/scooter-market-is-raring-to-be-fully-electric-already-20-is-says-ola-electric-ceo/102887947
Comments:
If this was regarding the North American or European market, many would probably gladly agree. The penetration of EVs at those markets are at least enough to market and promote the ‘new thing’ called Electric Vehicles’ which has captured the imagination of politicians, environmentalists, power companies, start-up entrepreneurs, and most of all the Wall street pigs who are the ones who will get paid big-time for — new infrastructure, new factories, new vehicles, new training firms, new dealerships, new advertisements, new consumer financing, etc — (and of course, “data”, which is the new oil).
This article however addresses India — which is neither self-sufficient in gasoline nor having the electrical infrastructure to power vehicles….not to mention the condition of its roadways.
Most of the Asian, African and South American nations can’t possibly believe the conclusion this Ola CEO has reached for their respective developing nations with their respective burgeoning populations. So, what numbers does this corporate head believe will come to fruition in India?
Just because you save a bit of money, would you buy a lame horse instead of a healthy mule? Is that an unfair analogy? Well, yeah, the modern refined ICE engines are in fact best of the breed horses whereas the EV tech are just new born ducks that can’t fly, swim nor fill our family cooking pot!
Sure, I am bitchy, but even the so-called financial city of India is full of overhead hanging wires and cost per unit of electricity is as high as it could possibly be.
The whole of India had been working towards enabling road transport for petrol and diesel powered vehicles and from last decade, CNG powered vehicles. Now into that potpourri they want to add a half-baked product called Electric Vehicles and electric charging stations.
Regarding Ola and its leader, at the very least they could have come up with better brand names than pretentious, apish S1 Air — you are a long way from being a tech icon such as Apple.
–Wayfarer
Editor: Bikernet Blog & Facebook Page
BABE OF THE WEEK—Charlotte Schwarz
–Sam Burns
Talent Curator
Bikernet.com™
S&S IS BACK WITH BIKERNET—Check out the Lava chrome series of component.
Lava Chrome Stealth Mini Teardrop Air Cleaner Kit for 2017-2023 M8 Touring, 2018-2023 Softail Uses 170-0354C Stealth Kit with CARB EO# D-355-41 for a Stock Bore Throttle Body
BIKERNET GUN NUT REPORT–Changes Coming Soon for New York State Gun Owners
There are some significant changes due to take effect early next month in the Empire State.
New York is switching from a jurisdiction in which the Federal Bureau of Investigation (FBI) conducts firearms-related NICS background checks, to one in which the New York State Police will conduct all firearm and ammunition-related background checks using both NICS and a pending “statewide license and record database.”
This shift is occurring due to legislation enacted last year, NY Exec. Law § 228, which authorizes the state police to act as the “point of contact” for background checks required under “18 U.S.C. sec. 922(t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.”
That law directs the Superintendent of State Police to establish a “centralized bureau” for firearm and ammunition background checks. NY Exec. Law § 228(7) specifies that, within 60 days of July 15, 2023, the superintendent must “notify each licensed dealer holding a permit to sell firearms” to submit requests for background checks to the state police, which appears to be an indirect way of setting a deadline of September 13 (the date the 60-day period expires) for the system to be operational.
Section § 228(5) allows the state to charge fees for background checks using this state database, which fees cannot “exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.” One source indicates that these fees will add an additional $9 (firearms) and $2.50 (ammunition) to purchases and transfers.
The shift to a state “point of contact” jurisdiction occurs in tandem with a second change, a related but separate development under a state law that mandates background checks for ammunition transfers by “sellers of ammunition.” This background check requirement dates back to the SAFE Act of 2013 and requires that a state database for ammunition background checks be used (federal law, 28 C.F.R. 25.6, limits the use of the NICS system for checks “only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from initiating a NICS background check for any other purpose”).
This ammunition background check requirement comes with a statutory precondition and grace period before it may take effect. Specifically, the state police superintendent must first “certify” that “the statewide license and record database established pursuant to [NY Penal Law § 400.02] and the statewide license and record database established for ammunition sales are operational,” followed by a 30-day period after which the ammunition background check requirement is in effect. In a classic example of the New York’s legislature’s signature style of “pass gun control laws first, figure out if they work later,” it became apparent once the SAFE Act was passed that the ammunition background check mandate was unachievable at the time. The-then police superintendent advised that his agency lacked the technology to implement the requirement and had “no idea when ammunition background checks… will begin across the state.”
A further complication is that the entire ammunition background check database project was placed in abeyance due to a 2015 memorandum of understanding (MOU). The agreement, entered into by the Cuomo Administration and then-Republican Senate Majority Leader John Flanagan, promised that no state money would be spent on implementing the ammunition background check database until a cost plan had been approved by the parties. The MOU further stipulated that any certification of the database as operational would not be made until the parties had approved a plan on its implementation. Last year, however, Governor Kathy Hochul indicated she was aware of the “old MOU that was signed related to ammunition sales after laws were passed the decade ago, it was an administration document between the prior administration and the Senate Republicans,” but decided to ignore it – “we are literally tearing it up and New York will now require and conduct background checks for all ammunition purchases.”
There is no indication on either the state police or the governor’s websites that the certification of the statewide license and record database as operational has occurred. However, the NY State Police website currently advises that the “background check requirements imposed on all retail sellers of ammunition are scheduled to take effect on September 13, 2023.”
A TRIBUTE TO BUCK LOVELL—
A couple of brothers wanted to show Buck Lovell respect after his passing. We’re going to have a stone engraved in pure outlaw Deadwood fashion. We are working on what to have engraved into rugged surface.
The Buck Stopped Here!
Buck Lovell
1948-2023
Pure Buckshot His Demise
He rode the Black Hills Buck Naked
Remembered for the Biggest Bang for His Buck
Never Pass the Buck
He Bucked the System to make a Quick Buck.
Never big Bucks but His Humor was worth a Million Bucks.
“We will miss you brother…” –Bandit
[page break]
A CO2 BROCHURE EXERPT—
GO GREEN GO!
Green plants grow faster with more CO2. Robust agricultural research shows that more CO2 will help feed a hungry planet. We can all agree that more food security helps us at home and abroad.
Land plants given more CO2 also become more drought-resistant because higher CO2 levels allow them to use water more efficiently. More abundant and stronger plants from increased CO2 are already seen around the world.
Satellite images show significant greening of the planet in recent decades, especially near deserts where drought resistance is critical. This remarkable global greening is the result of an increase of cO2 over the last two hundred years. Still higher CO2 levels will bring still more benefits to plant growth.
“The CO2 Coalition has produced a simple brochure. It’s available through the CO2 Coalition web site or if you want one quick, drop me an address to KRB@Bikernet.com. If you are tired of the bullshit and want to know the full story, read Greg’s book.” –Bandit
SEMA Breaking News—
Aftermarket Defeat Devices Removed from EPA’s Top Enforcement Priorities List
The U.S. Environmental Protection Agency-proposed (EPA) released its final National Enforcement and Compliance Initiative (NECI) for 2024 through 2027, outlining the agency’s top enforcement priorities for the coming years. The EPA did not include “Stopping Aftermarket Defeat Device for Vehicles and Engines” on the NECI list. The agency returned enforcement of aftermarket parts to a standard “core” priority as it had been for many years until 2020.
“The EPA’s decision to remove enforcement against aftermarket products from the NECI and return it to a standard priority is a recognition of our industry’s commitment to emissions compliance and the progress we’ve made,” said SEMA President and CEO Mike Spagnola.
–SEMA
REVIVAL CYCLES X ON ANY SUNDAY–
Shirts from the iconic motorcycle film are 25% off!
Considered to be the godfather of all motorcycle movies and credited with legitimizing one of America’s favorite pastimes, On Any Sunday never disappoints. Here at the Revival workshop, there simply isn’t another film about Motorcycles that we love more.
Revival was beyond honored to have been asked by Bruce Brown Films to develop an Official On Any Sunday merchandise line.
Now you have the chance to pick up select sizes of your favorite movie-inspired On Any Sunday tees at a discount!
QUOTE OF THE WEEK–
“We have a saying in Tibet: If a problem can be solved there is no use worrying about it. If it can’t be solved, worrying will do no good.” – Heinrich Harrer
–Epoch Times
MORE ON THE CLIMATE CHANGE– Misinformation Wins in Montana Climate Kids Lawsuit
A group of young people in Montana won a landmark lawsuit on August 14, when a judge ruled as unconstitutional the state’s failure to consider climate change when approving fossil fuel projects. The judge accepted as fact allegations made by plaintiffs in the suit, which we will systematically show to be patently false.
Just some of the catastrophes accepted as fact by the judge included:
- More heat waves and extreme summer heat
- Days above 90 degrees increased by 20 days between 1970 and 2015
- Increased drought and lower precipitation
We will soon have a complete rebuttal to the Montana lawsuit. First, the plaintiffs cherry-picked the time frame of 1970 to 2015 to select days above 90 degrees Fahrenheit when the full data show that there has been no discernible trend since the 1920s. In fact, the period between 1920-40 looks remarkably similar to the most recent several decades.
Increasing drought and lack of precipitation? That isn’t what the data show.
According to Judge Kathy Seeley of Montana District Court, Montana is a “major emitter of greenhouse gas emissions in the world.” She added that the state’s emissions “have been proven to be a substantial factor” in affecting the climate. Is that the case?
Montana’s CO2 emissions are 0.6% of the total U.S. emissions. If Montana had gone to zero emissions of CO2 in 2010, it would only avert 0.0004 degree Fahrenheit of greenhouse warming by 2050 and 0.001 degree by 2100, according to the MAGICC simulator, a tool created by a consortium of climate research institutes including the The National Center for Atmospheric Research. These numbers are far below our ability to even measure and certainly not the “substantial factor” as claimed.
–CO2 Coalition
THE FREE SPEECH FILES–Elite Crackdown On Free Speech Worldwide Intensifies
From North America to Australia to Europe, elites seek censorship, privacy invasions, and the prosecution of wrong-think as “pre-crime”
The leaders of nations, representatives of international organizations, including the United Nations, and philanthropists say they are committed to creating free and open societies. Meta CEO Mark Zuckerberg says Facebook has independent fact-checkers, is open to all perspectives, and doesn’t interfere in elections. And, in response to questions from a colleague at Public, a representative from George Soros’ Open Society Foundations insisted the philanthropy supported free speech.
“In response to your effort to conflate any attempt to address hate speech as a frontal assault on free speech itself,” the Soros spokesperson said, “perhaps the words of the UN Secretary-General will help in illuminating a crucial distinction: ‘Addressing hate speech does not mean limiting or prohibiting freedom of speech.’”
But these words are a thin veil covering an aggressive attack on freedom of speech around the world, from Australia to North America to Europe, where the Digital Services Act, which demands Internet companies “Address any risk they pose on society, including public health, physical and mental well-being,” goes into effect today.
A blockbuster new investigation by Australia’s SkyNews discovered that Meta-Facebook has been paying activists to serve as neutral fact-checkers while, in reality, using their power to censor their political enemies.
The context is that this fall, Australians will vote in a special national election, the Australian Indigenous Voice referendum, on whether to give special political powers to native peoples. Facebook is funding those in favor of the referendum to censor its opponents. “An audit of RMIT Voice fact checks showed the 17 Voice checks between May 3 and June 23 this year were all targeting anti-Voice opinions or views,” Sky News Found.
–Hang on for more from Michael Shellenberger on his PUBLIC substack
TRIUMPH CUSTOM OF THE WEEK–
–Sam Burns
Feature Biker Editor
Bikernet.com™
NATIONAL REVIEW WRONG-– on ATF Frame or Receiver Rule
Political observers expect the Washington Post and the New York Times to carry water for Joe Biden’s Department of Justice gun control agenda. It’s surprising when the conservative National Review seemingly bends over backwards to defend the weaponized agency in a poorly researched and written piece.
On August 9, National Review published an item with the confident title “Yes, the ATF Can Legally Regulate Ghost Guns.” The ill-informed piece was written by a summer intern. If it was an unpaid internship, the publication got every penny’s worth.
At issue is the Bureau of Alcohol, Tobacco, Firearms and Explosives rule 2021R-05, concerning the “Definition of “Frame or Receiver” and Identification of Firearms.” Published April 26, 2022, the rule, in part, contends that ATF has the statutory authority to regulate so-called unfinished or 80-percent frames or receivers. As firearms built from unregulated parts for personal use do not require markings and are not subject to federal recordkeeping, gun control advocates refer to firearms constructed using unfinished frames or receivers as “ghost guns” to spook the ignorant.
Federal law, 18 U.S.C. § 921(a)(3), defines “firearm” for the purposes of the Gun Control Act (GCA) as follows:
(3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
Note that the definition includes the “the frame or receiver of any such weapon.” The practical effect of this definition is that the frame or receiver of a firearm must be marked with a serial number, is subject to federal recordkeeping requirements, and a non-Federal Firearms Licensee seeking to acquire a frame or receiver from a retailer must undergo National Instant Criminal Background Check System (NICS) check prior to transfer.
ATF rule 2021R-05 seeks to sweep items that are not in fact frames or receivers into the statutory definition of “firearm.” The rule contains the following expansive regulatory definition.
(c) Partially complete, disassembled, or nonfunctional frame or receiver.
The terms “frame” and “receiver” shall include a partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver, i.e., to house or provide a structure for the primary energized component of a handgun, breech blocking or sealing component of a projectile weapon other than a handgun, or internal sound reduction component of a firearm muffler or firearm silencer, as the case may be. The terms shall not include a forging, casting, printing, extrusion, unmachined body, or similar article that has not yet reached a stage of manufacture where it is clearly identifiable as an unfinished component part of a weapon (e.g., unformed block of metal, liquid polymer, or other raw material).
When issuing a classification, the Director may consider any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials that are sold, distributed, or possessed with the item or kit, or otherwise made available by the seller or distributor of the item or kit to the purchaser or recipient of the item or kit.
NRA pointed out ATF’s flawed logic in the organization’s August 2021 comments on the initial draft of ATF rule 2021R-05. That document explained,
This definition is not consistent with the statutory definition of “firearm.” The relevant portion of that definition defines firearm as “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive [and] the frame or receiver of any such weapon . . . .” 18 U.S.C. § 921(a)(3). With this definition Congress made clear that a “frame or receiver” is not itself a “weapon.” Otherwise, the second clause would read “the weapon of any such weapon.”
Since a “frame or receiver” is not a weapon, then the “readily converted” clause does not apply. If Congress had intended for those items that may be readily converted into frames or receivers to also be considered frames or receivers, then using the same language of the first clause in the second clause would have been a simple way to accomplish that intent.
ATF is correct that a “weapon” that “may readily be converted to expel a projectile by the action of an explosive” is legally a firearm, but a forging, casting, or other raw material that “may readily be converted” into a “frame or receiver” is, as far as the GCA is concerned, nothing.
Understanding that ATF did not have the authority it exerted with rule 2021R-05, U.S. District Court for the Northern District of Texas Judge Reed O’Connor vacated the rule in late June. On August 8, the U.S. Supreme Court granted a stay that allows the government to enforce the rule during the pendency of the government’s appeal to the U.S. Court of Appeals for the Fifth Circuit and a potential appeal for review at the Supreme Court.
In a bizarre turn, to argue that ATF has the authority to regulate these items, the National Review writer either intentionally misread and then selectively quoted the definition for “destructive device.” The author stated,
One might fairly argue, as the opponents of the ATF regulation did, that parts of a weapon are not to be confused with an actual weapon. But this isn’t the only definition of “firearm” in the GCA.
To quote the law verbatim, “The term ‘firearm’ means . . . any destructive device.” A destructive device is then defined as, among other things, “any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B)”…
And what does subparagraph (B) describe? “any type of weapon . . . by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant.”
As previously noted, the statutory definition of “firearm” at 18 U.S.C. § 921(a)(3) does include “any destructive device.” However, the author’s truncated definition of “destructive device” subparagraph (B) excludes vital limiting language.
Here is the complete subparagraph (B) from the definition of “destructive device” at 18 U.S.C. § 921(a)(4).
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter;
That last part is important.
Unless a firearm is over .50-caliber, it does not qualify as a destructive device. Even if a firearm is over .50-caliber, it still may not be a “destructive device,” based on its suitability for sporting purposes – such as most shotguns. Aside from the shotgun exemption, the “destructive device” definition also exempts “any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.” Big game rifles chambered in sporting calibers like the .600 Nitro Express have been exempted under this provision.
Examples of actual “destructive devices” defined under the term’s subparagraph (B) can be found in ATF’s “Firearms Guide – Identification of Firearms Within the Purview of the National Firearms Act.” They include weapons like the Boys .55Cal Anti-tank Rifle and mortars.
The type of 9mm pistols and .223/5.56x45mm rifles gun owners make using unfinished frames or receivers most certainly do not meet the definition of “destructive devices.” Nor does any combination of their parts, finished or unfinished.
In short, the National Review author’s appeal to the “destructive device” definition to defend ATF’s overreach is a non sequitur.
If a National Review writer or others would like to lobby for unfinished frames or receivers be regulated like firearms, they should direct their policy arguments to the legislative branch. Were Congress to enact legislation altering the relevant statute, regulation of these items would still be suspect under the Second Amendment as interpreted by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022), as regulating the home manufacture of firearms for personal use is not part of “the Nation’s historical tradition of firearm regulation.” However, such an effort would at least have a superficial measure of legitimacy, unlike the Biden regime’s endless executive overreach.
–NRA
Grassroots: https://www.nraila.org/grassroots/
Take Action: https://act.nraila.org/
About NRA-ILA: https://www.nraila.org/about/
NRA-ILA Grassroots: 1-800-392-8683 (VOTE)
NRA-ILA is the powerhouse political action arm of your NRA. We fight for your freedom in Congress, in your state legislature, and in courtrooms across America.
If you’d like to receive regular updates on important Second Amendment issues, I invite you to sign up for NRA-ILA email and text alerts by clicking here.
Yours in Freedom,
Randy Kozuch
Executive Director
THE PRISM GANG GOES TO STURGIS–Rinse and Repeat
Our trip, led by Danger Dan, was the polar opposite of the average daily routine. We slept in the woods with no alarm clocks and woke up with the sun. We didn’t have a detailed itinerary, plans or deadlines. All we had was a paper Butler Map and 8 days to get to Sturgis.
Head over to our site to read all about our H-D Pan America trip with the legends Danger Dan, Nick Fahringer, Brad Richards, Matt Best and Jonny Bourgault.
DENNIS KIRK SUPPORTS S&S CYCLE—
Bring out the Full Potential of your Motorcycle!
S&S Cycle has proven time and time again that they are the kings of creating the highest quality parts for V-Twin Motorcycles. From Harley-Davidson to Indian Motorcycle, you’ll find everything S&S has to offer right here at Dennis Kirk. Get your order together today!
RIDE MORE. WAIT LESS.
NEWS FROM THE MOTORCYCLE RIDERS FOUNDATION—
The Fight Continues
For over a decade the Motorcycle Riders Foundation (MRF) has been pushing the U.S. Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) on key priorities for motorcyclists. We’ve focused on the issues of autonomous vehicles, crash avoidance, and design and construction of our nation’s roads.
On the autonomous vehicle front, the MRF fought for inclusion of language in the 2018 Senate AV bill that required NHTSA to compel manufacturers to report on the self-driving cars ability to “sense motorcyclists in or crossing the path of travel through the automated driving system”
In 2020 and 2021 the MRF advocated for language in the House version of the Highway bill, which required that when USDOT conducts safety studies on autonomous vehicles, motorcycles must be considered as unique roadway users. Additionally, a planned working group on autonomous vehicles would have required inclusion of a motorcycle safety group as part of its membership.
Unfortunately, the dysfunction on Capitol Hill entangled these bills and they failed to meet approval by both chambers. But the MRF won’t take no for an answer so they took the fight on these issues to the executive branch.
Just last month, MRF leadership met with half a dozen NHTSA officials on the importance including motorcycles in the autonomous vehicle regulations. On two different occasions MRF members have met with motorcycle specialists at the National Transportation Safety Board (NTSB) about crash investigations and policies around fatalities involving motorcyclists. And just before Christmas last year, 27 members of Congress sent a letter at the request of the MRF to NHTSA that asked 5 key questions about its policies, regulations, and plans for incorporating motorcyclists in automated driving guidelines.
In both 2015 and 2021, the MRF fought for creation of, and then the renewal of, the Motorcyclist Advisory Council (MAC) at USDOT. This body is tasked with developing policies that make roadway design, construction, and maintenance practices that factor in motorcycle riders. The MRF anticipates having a seat when the new MAC is established.
We raise these issues because the journey is long, the fight is never over but the victories are critical. We thank you for your continued support of the MRF. We do what we do, and we fight for these issues, because you provide the resources, passion and resilience that fuels us.
If you are a rider and not currently a member of the Motorcycle Riders Foundation, follow this link to join us now.
As Always, Ride Safe and Ride Free
WHAT’S NEXT? If only I knew. I apologize for all the politics in this news, but we’re under assault and need to be as informed as possible.
We were so ready to go. Luke was excited to see the chute deploy properly.
The bros came over after the Hall of Fame breakfast to check the action, including Nick Trask. We discussed installing a Turbo on the Torpedo for the fast round. He mentioned wanting to become a Bikernet Sponsor. You’ll see more of him around here.
Adding the tilt switch from Riekers Inc. turned into a major challenge. I bolted it to the front of my battery cap and wired it into the system. I was on the phone to the company a half-dozen times. Their terminology left a lot to be desired, but Ed helped me through it.
Okay, so it’s back to the VL, XA, FL, project and our alignment issues. Here’s the question. I reached out to Baker but Linda said because I’m running a ’79-84 5-speed shaft for a rear belt drive the shaft is longer and pushing the clutch basket out. Is there a shorter 5-speed shaft?
Stay informed and free, goddammit!
–Bandit
