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Agents of Incompetence: ATF Seizes ‘Toys,’ Then Touts Their Danger (Part II)

Two teams of experts test the ATF's assertion that the seized toys can be converted into automatic weapons. (Read Part One of this three-part series here.)

by
Bob Owens

Bio

March 9, 2010 - 12:43 am
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In addition to the failure-prone lower receivers, the various Airsoft toys (including WE Tech) tested by AirSplat could not mate a real AR upper receiver to a toy lower, due to the placement of the two pins that hold the upper and lower units together. The hole location for the Airsoft pins were not compatible with the real AR upper, and were in fact ingeniously placed in such a location that attempting to drill new holes would result in the receiver metal tearing between the existing holes and new ones, immediately turning the receiver to scrap.

AirSplat was also unable to get real M4 magazines to lock into place in the Airsoft lowers, noting that the magazine lock was located in a different position inside the receiver, with the toy magazines designed to catch roughly 1/4″ higher. They captured this magazine locking failure on video as part of their review of a similar Airsoft M4. This video, of course, isn’t evidence that the WE Tech would have similar problems, but it certainly suggests that is yet another possible failure point of the ATF determination that the two WE Tech M4 variants could be turned into a weapon.

Playing devil’s advocate, one can easily understand why the ATF would want to block the importation of toys that could be easily converted into automatic weapons. Any toy that could be converted into a machine gun should of course be banned.

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The ATF has thus far failed to show anyone evidence that they were able to easily convert one of the confiscated WE Tech Airsoft Rifles taken from Airsoft Outlet Northwest into a weapon. There has been no information that they attempted to test fire any conversion they may have attempted, or what the results of that test may have been. All requests for specific comment to the public affairs officers of both the ATF and U.S. Customs have gone unanswered.

Last but not least, the Customs/ATF argument for confiscating these toys might seem more plausible if they were focused on one kind of firearm, with a specific lower receiver they would publicly demonstrate as a serious threat.

But Customs has not stopped with confiscating just WE Tech M4s from Airsoft Outlet Northwest. They’ve also confiscated sixteen KJW M700 bolt-action Airsoft rifles (though Amazon.com sells them easily enough), four m700 bolt-action rifles from Bell, fifteen WE Tech SCARs (available seemingly everywhere), ten pistols, and four revolvers. The total cost of the additional Airsoft toys and accessories being held from Airsoft Outlet Northwest by U.S. Customs is roughly $20,000.

Bren Martin, part of the family that owns Airsoft Outlet Northwest, says they are no different than any other family-owned business trying to survive in a down economy and that the seemingly vindictive and arbitrary seizures by Customs threatens ten jobs.

Are U.S. Customs inspectors and the ATF treating the Martin family and their business fairly, or are these confiscations both punitive and unreasonable, considering that the same guns they have declared are “machine guns” can be purchased with monotonous frequency by anyone in America with a credit card and an internet connection?

We’ll address these questions and whether or not the entire affair is a gross example of bureaucratic incompetence in “Agents of Incompetence, Part III.”

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Bob Owens blogs at Bob-Owens.com.

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23 Comments, 23 Threads

  1. 1. DougW

    Are similar products made by union labor in the US? Maybe we have a Toyota-like situation.

  2. 2. Dennis

    The above article contains some troubling discrepancies.

    > The WE TTI M4s lack any sort of functional gas tube which is integral to an AR15’s operation

    This is irrelevant if it will take an AR15 upper.

    > The upper receiver of an AR15 fits onto the lower of the WE TTI M4

    but

    > the various Airsoft toys (including WE Tech) tested by AirSplat could not mate a real AR upper receiver to a toy lower, due to the placement of the two pins that hold the upper and lower units together.

    Which is it?

    > While quite acceptable for use in compressed-gas powered toys, the metals and plastic used in Airsoft would melt under the temperatures generated by real firearms, if they didn’t blow apart from the high pressures first.

    Not if only the lower receiver is involved. It doesn’t experience the pressure of firing; the upper holds the barrel and bolt group. The lower just holds the firing mechanism and buffer group. It does not have to be reliable to be a gun.

    > The trigger pack of an AR15 appears to be able to fit onto the lower receiver of a WE TTI M4, one of the AR15 trigger pack retaining pins is impossible to insert without major modification, and the hammer isn’t operable with the WE TTI lower.

    This appears to be the operable statement, and the one that disqualifies the WE TTI cannot be made into a gun. That and the possibility that the AR15 upper cannot actually be fitted.

    I suspect that BATFE has stepped on it and is now engaged in a bureaucratic arse covering operation. But better reporting is needed to hail the bastahds down.

  3. This does not surprise me at all. It is funny, but last night I was explaining the ATF’s relationship to other agencies and how political they are. To justify their existence and further funding they are constantly pulling “stunts”. Two of their most famous stunts in the nineties were Ruby Ridge and Waco. I was a detective back then and we all discussed the issues surrounding the cases. At the outset we felt there was a rat in the soup when the feds tried to spin their actions into a positive light.

    Some of the guys I worked with tasked over to ATF task forces or worked with them. On a one on one basis the agents are really not bad guys. But their operations made you go “what the ….?!” Back then, it was apparent that nobody like the FBI or DEA wanted to fold the ATF into their department. They just didn’t trust them.

  4. Hi Dennis,

    The two teams were looking at various models, and I should have done a better job noting that.

    The AR gunsmith was looking at the WE Tech M4 CQBR, one of the two models taken in the 30-gun seizure. his responses we for that specific model only. The AirSplat team looked at other We Tech rifles and similar gas blowback clones. That may account for the discrepancy on whether or not the uppers could be mated successfully.

    As for the trigger pack, it seems clear to me that if the pack’s retaining pins cannot be easily inserted without major modification, then we don’t have what the BATF can claim as a firearm. Likewise, the ‘smith said that the hammer would not work in that same sentence.

    And then there is the problem of the WE-Tech lower not having a feed ramp, making it all but impossible for the toy to load ammunition from a magazine. Granted, the BATF could try to claim that they could presumably load it as a single-shot weapon, but calling it a machine gun is absurd.

    Of course, without an operable trigger pack or hammer, calling it any sort of firearm defies credibility.

    As our experts have determined, anyone with sufficient experience and tools to remanufacture a WE Tech lower into something that could be used as a weapon already has the capability to create weapons from scratch, or to modify real weapons into automatic weapons with far less work.

    The Customs and BATF claim simply isn’t credible.

  5. 5. Mullah Bob

    “These rifles could have had far-reaching and potentially devastating ramifications if they had gotten into the hands of individuals who wanted to do harm in the American population”, said Customs and Border Protection Area Port Director, Rolando Suliveras Jr. “This was a good interception by our officers.”

    As Big Sis Napolitano would say…the system worked.

    Ummm…I’m sorry, but are these guys supposed to be protecting the U.S.? Typical of CBP talent, I’d say. Maybe they can get jobs with the TSA. Seems about their level of competance.

  6. 6. John Smith

    If I told someone to go batf yourself would that be considered profanity on this blog?

  7. 7. Kris

    The non-conspiracist in me says either Customs/BATFE stepped in it and are covering up or they are experiencing the pure incompetence that is the standard for government agencies.

    When my tin-foil hat gets too tight, I start thinking about:

    + 1st paranoid theory: It isn’t about finding real facts, it is about doing **something** about things that sound scary, and making yourself look good. Most of the general public could read Bob Owens explanation and come away with glazed eyes…if Customs/BATFE says they stopped scary machine guns, then by gorsh that’s a good thing! This is what a steady diet of public education and Dancing with the Stars has inflicted on our society.

    + 2nd paranoid theory: the more you can demonize military rifles and “gateway” toys like airsoft, the more you can control the conversation. Chip away at public perception, make up ridiculous stories, frame people. Confiscate toys that can be converted to machine guns (honest, they can!) Throw in jail someone whose AR15 malfunctioned and doubles or triples on the range because of a worn sear, disconnector or weak springs. Soon, a threat is perceived by the public and it makes it all the easier to get funding for your agency and really start tearing into those whacko right wingers with their bibles and guns.

  8. So if you replaced the upper receiver and the lower with real parts from an AR-15, you would have a functional rifle. By the same token, if you took a *painting* of an AR-15 and replaced the upper and lower with real parts from an AR-15, you would have a functional rifle.

    By that logic, you could ban the importation of any photograph or painting of any functional firearm.

    How fast do you think the ATF would drop this if the New York Times or 60 Minutes were doing a story on it, showing them in a bad light?

  9. 9. Dennis

    @Bob Owens:

    Thanks for the clarification.

    > As for the trigger pack, it seems clear to me that if the pack’s
    > retaining pins cannot be easily inserted without major modification, then
    > we don’t have what the BATF can claim as a firearm. Likewise, the ’smith
    > said that the hammer would not work in that same sentence.

    That seems to be the operative paragraph. The things cannot be guns.

    Just a note for the non-gun-nuts, on an AR15 type rifle, the “lower receiver” is the gun. It’s the part with the trigger group and the serial number. The upper receiver with the barrel, and everything else, are just parts, and are not regulated.

  10. 10. Dennis

    @8. Georg Felis:

    > So if you replaced the upper receiver and the lower with real parts from
    > an AR-15, you would have a functional rifle.

    Yes, but that is like saying, “If you took all the parts to a rifle and assembled tham, you’d have a real rifle.”

  11. 11. J

    Ridiculous! I guess the ATF has to justify it’s salaries somehow though, and seizing toys is as good a way as any.

    J.

  12. 12. Lario

    They better look at how someone can take a hammer and a nail, set the nail behind a bullet, hit the nail with the hammer, and it will go BOOOOOOOMMMMM!!!!

    So therefore hammers and nails should be banned.

  13. 13. deguello

    I can’t wait for these hysterical cretins to start seizing rolls of Menthos,and bottles of coke as “bombmaking materials”. A few years ago,these losers were bravely stomping pet cats to death, while raiding houses,to confiscate what later turned out to be legally-owned firearms.This agency should be abolished,except that their antics constantly reinforce the notion that government is evil.

  14. 14. peter38a

    Luckily the main stream media jumped right in and exposed this fiasco… Ah, no, business as usual.

  15. 15. Seerak

    1st paranoid theory
    1st paranoid theory

    3rd paranoid theory: some Customs agents’ kids are getting some cool airsoft guns for their birthdays.

    Seriously, what is the process for handling confiscated items at customs? Is it s strictly controlled destruction process…. or a poorly supervised, rarely locked room?

  16. 16. JMD

    I say we trust the ATF’s word on this…

    …as soon as they produce a functional automatic rifle from the seized toys AND have the agents responsible for the seizure each test fire it using live ammo.

  17. 17. Kurt

    4th paranoid theory: Someone in the family that owns Airsoft Outlet Northwest made a donation to some Republican candidate or perhaps the RNC, or in some fashion ticked off someone high up in Democratic circles, and now it’s payback time. Obama is not above sending his hounds to harass common law-abiding Americans. It’s the Chicago style, after all.

  18. 18. Gumby

    There is always a motive for seemingly dumb actions bt goverment. Of course the idea that an Airsoft rifle is “readily” converted to a full auto firearm is delusional…on the surface. Have no doubt that ATF has one of these toys in a machine shop and is rebuilding it into a functional firearm. They will present this Frankenstein ,probably held together with super glue and duct tape, to the press as proof that it can be converted to a full auto. The real danger here is that once this precident has been established with a toy what do you think the status of your real AR-15 or M1A is?? That’s right! Any real ,leagally owned, semi auto firearm is now in the catagory of readily converted to full auto, subject to confiscation!! Don’t fall for the diversions…

  19. 19. ATFarmourer

    Big Savings.

    Let’s equip BATF only with airsoft guns which each agent can easily convert by himself!

    They can sell their unused expensive stuff at gun shows.

  20. @10 Dennis
    “Yes, but that is like saying, “If you took all the parts to a rifle and assembled tham, you’d have a real rifle.”

    Exactly my point. In order to make the toy gun into a real gun, you would have to replace *all* the parts.(except maybe the stock, and perhaps one or two screws). Seems the ATF is enforcing an import restriction on something that only *looks* like a real gun. And if so, why not outlaw the importation of photographs of guns. Or oil paintings. Or Transformers. (Well, using Megatron as an example may be a little bit of a strawman arguement, but with this bunch I’m not sure. After all, you could replace all his plastic parts with real Transformer parts….)

  21. 21. Ilan Ben Menachem

    I was a detective back then and we all discussed the issues surrounding the cases. At the outset we felt there was a rat in the soup when the feds tried to spin their actions into a positive light.

  22. 22. Bella Smith

    Cool text. Waiting for you to continue the topic.

    Bella Smith
    independent escort warsaw

  23. 23. JTake

    There has to more to the ongoing continuous drama that the ATF is subjecting the airsoft industry to on this issue.

    I too say let the ATF present one of these ‘converted weapons’ to a public / open environment for inspection to prove that their claims have validity.

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