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Ares Breath Classification
Bryce Stirlen
208 N. Freeman Street
Oceanside, CA 92054
TO: ATF FTB
FROM: Bryce Stirlen
SUBJECT: Ares Breath Muzzle Brake Classification
DATE: December 2, 2014
Dear Friend,
Earlier this year we submitted a letter to Earl Griffith regarding our new product, the Ares Breath. We have since heard that Mr. Griffith is no longer the head of the Firearms Technology Branch (�FTB�). This letter is to follow up on our original communication with your office.
We have enclosed a sample of the Ares Breath for your review.
We are in possession of prior determinations from the FTB that deem a similar product design as NOT a �Firearm Silencer� or �Firearm Muffler� as described in 18 U.S.C., � 921(a)(24).
As described in 18 U.S.C., � 921(a)(24) for an item to be a �Firearm Silencer� or a �Firearm Muffler� it must meet one of the three sections that are described in the law:
- Section 1: Assembled parts from Section 2 that are to be used FOR diminishing the sound of a portable firearm
- Section 2: Unassembled combination of parts that are intended to be used in the creation of a Section 1 device
- Section 3: Any individual item that is part of a Section 2 combination and serves no other purpose other than to be used in such an assembly
I. GENERAL DEFINITIONS
- Intent: Purpose; formulated design; a resolve to do or forbear a particular act; aim; determination
- http://thelawdictionary.org/intent/
- For: With the object or purpose of: �to run for exercise�
- http://dictionary.reference.com/browse/for
- Only: Without others or anything further; alone; solely; exclusively: "This information is for your eyes only"
- http://dictionary.reference.com/browse/only
- Combination: A number of things combined
- http://dictionary.reference.com/browse/combination
- Any device
- For diminishing the report
- Of a portable firearm
- Any combination of multiple parts not yet assembled or fabricated
- Intended for the use in assembly or fabrication of a Section 1 device
- Any single part
- Intended ONLY for use with Section 2 combination
- The Ares Breath is NOT a device FOR diminishing the report of a portable firearm
- The Ares Breath is NOT a configuration of multiple parts intended for use in the assembly or fabrication of a device described in Section 1
- The Ares Breath is NOT an individual part that has no purpose other than to be used as part of the Section 2 assembly or fabrication
II. DEFINITION OF A �FIREARM SILENCER�
As you are aware, the definition of a �Firearm Silencer� or �Firearm Muffler� as defined in 18 U.S.C., � 921(a)(24) is as follows:
The term �Firearm Silencer� or �Firearm Muffler� means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler, any part intended only for use in such assembly or fabrication.
The law is essentially broken into three sections. Each section has specific requirements:
Section 1: Device FOR diminishing the report (Assembled Parts from Section 2)
Section 2: Combination of parts (Parts Kit for Assembly of Section 1)
Section 3: Any part (Any Individual Part from Section 2 that has No Other Purpose)
III. DEFINITION OF A �FIREARM SILENCER� SECTION 1
(Assembled Parts from Section 2)
(Assembled Parts from Section 2)
The term �Firearm Silencer� or �Firearm Muffler� means any device for silencing, muffling, or diminishing the report of a portable firearm.
This means a complete device such as one that is sold by Gemtech, Surefire, Etc. These devices are FOR (with the object or purpose of) diminishing the report of a portable firearm and they do in fact accomplish their intended use.
http://www.gem-tech.com/store/pc/5-56-MM-c9.htm
http://www.surefire.com/tactical-equipment/sound-suppressors/rifle-carbine-suppressors/556-mm-223-caliber.html
Even a device that does NOT diminish the report of a portable firearm but was FOR (with the object or purpose of) diminishing the sound of a portable firearm would under the definition be a firearm silencer.
Example �Soda Can Silencer�: A man duct tapes a soda can on the muzzle of his .50 BMG in the attempt to diminish the report. The soda can is demolished by the pressures and does essentially nothing to diminish the report of the weapon. However, his duct tapped soda can is in fact a silencer as defined. It was being used FOR (with the object or purpose of) diminishing the report. Its inability to accomplish the intended task is of no consequence as to if it is a �Firearm Silencer� as defined.
The Ares Breath: Does not diminish the report of a portable firearm nor is its intent as such. Therefore, it fails to meet the defined term under Section 1.
Including ANY COMBINATION of parts, designed or redesigned, AND INTENDED for the use in assembling or fabricating a firearm silencer or firearm muffler.
This means multiple parts that are not yet assembled, with INTENT (purpose; aim; determination) to assemble or fabricate a device that is described in Section 1.
Example �Soda Can Silencer�: Prior to the installation of the �Soda Can Silencer� the duct tape and soda can were together in a box. The man planning the installation INTENDED to use these multiple parts to assemble a device FOR (with the object or purpose of) diminishing the report of a portable firearm.
Therefore the COMBINATION (a number of items combined) of parts in the box, PRIOR TO ASSEMBLY, is in fact a firearm silencer. That said, it is obvious that a soda can and duct tape being together in a box is not a silencer if the INTENT (purpose; aim; determination) to use them as such is missing.
The Ares Breath: Is NOT INTENDED to be used in such an assembly and it is clearly NOT MULTIPLE PARTS. Therefore, it fails to meet the definition in Section 2.
Any part INTENDED ONLY for use in such assembly or fabrication.
This means any SINGLE part that is INTENDED to be used as an assembly in Section 2 and HAS NO ADDITIONAL PURPOSE outside of being used in Section 2. This can be easily demonstrated with the myriad of brakes and compensators that ARE INTENDED to be used as a part of a �Firearm Silencer� but are not considered to be �Firearm Silencers� because they have additional uses outside of such assembly. These additional uses include but are not limited to: reducing muzzle climb and reducing felt recoil.
http://www.surefire.com/tactical-equipment/suppressor-adapters/socom-muzzle-brake-adapters.html
http://www.surefire.com/tactical-equipment/suppressor-adapters/legacy-muzzle-brake-adapters.html
http://www.gem-tech.com/store/pc/5-56MM-Quickmount-for-G5-and-G5-T-p119.htm
Example �Soda Can Silencer�: If the �Soda Can Silencer� maker intends to re-use the duct tape for a purpose other than a silencer (i.e. used to patch torn clothing), the duct tape, in absence of the soda can, is NOT a firearm silencer even though the INTENT (purpose; aim; determination) of the user IS to combine it with the soda can FOR (with the object or purpose of) diminishing the report of his .50BMG. The duct tape is INTENDED for purposes OTHER THAN ONLY (alone; solely; exclusively) being used in such an assembly.
The INTENT (purpose; aim; determination) being ONLY (alone; solely; exclusively) FOR (with the object or purpose of) use in assembly or fabrication of Section 2. These words are vitally important; imagine a world where Soda Cans, Washers, Bolts, Screws, Nuts, and Duct Tape were all individually considered to be �Firearm Silencers� or �Firearm Mufflers� simply because they �could� potentially be used as such.
The Ares Breath: Is not intended to be used as a part of an assembly described in Section 2 and it clearly has legitimate purpose outside of such an assembly. Therefore, it fails to meet the definition of Section 3.
The Ares Breath is intended to be used in compliance with Federal and State law. The product may be pinned and welded to a 10.5" barrel, to make the barrel a legal rifle-length barrel, or mount it without welding onto a 16� or longer barrel.
The Ares Breath is designed and intended to reduce felt recoil and muzzle climb.
The Ares Breath is intended to be aesthetically pleasing to the end-user.
The Ares Breath does not have threading on the forward portion, and is not intended to be used as part of an assembly of a silencer, suppressor or muffler.
The Ares Breath does not diminish the sound of the firearm.
In an abundance of caution we have added anti-tamper features to restrict the ability of misuse.
The Ares Breath does NOT meet any one of the three separate segments as defined by law.
We look forward to re-establishing a positive relationship with your agency.
Thank you very much for your time and attention to these matters.
Sincerely,
Bryce Stirlen
View Full Document
This means a complete device such as one that is sold by Gemtech, Surefire, Etc. These devices are FOR (with the object or purpose of) diminishing the report of a portable firearm and they do in fact accomplish their intended use.
http://www.gem-tech.com/store/pc/5-56-MM-c9.htm
http://www.surefire.com/tactical-equipment/sound-suppressors/rifle-carbine-suppressors/556-mm-223-caliber.html
Even a device that does NOT diminish the report of a portable firearm but was FOR (with the object or purpose of) diminishing the sound of a portable firearm would under the definition be a firearm silencer.
Example �Soda Can Silencer�: A man duct tapes a soda can on the muzzle of his .50 BMG in the attempt to diminish the report. The soda can is demolished by the pressures and does essentially nothing to diminish the report of the weapon. However, his duct tapped soda can is in fact a silencer as defined. It was being used FOR (with the object or purpose of) diminishing the report. Its inability to accomplish the intended task is of no consequence as to if it is a �Firearm Silencer� as defined.
The Ares Breath: Does not diminish the report of a portable firearm nor is its intent as such. Therefore, it fails to meet the defined term under Section 1.
IV. DEFINITION OF A �FIREARM SILENCER� SECTION 2
(Parts Kit for Assembly of Section 1)
(Parts Kit for Assembly of Section 1)
Including ANY COMBINATION of parts, designed or redesigned, AND INTENDED for the use in assembling or fabricating a firearm silencer or firearm muffler.
This means multiple parts that are not yet assembled, with INTENT (purpose; aim; determination) to assemble or fabricate a device that is described in Section 1.
Example �Soda Can Silencer�: Prior to the installation of the �Soda Can Silencer� the duct tape and soda can were together in a box. The man planning the installation INTENDED to use these multiple parts to assemble a device FOR (with the object or purpose of) diminishing the report of a portable firearm.
Therefore the COMBINATION (a number of items combined) of parts in the box, PRIOR TO ASSEMBLY, is in fact a firearm silencer. That said, it is obvious that a soda can and duct tape being together in a box is not a silencer if the INTENT (purpose; aim; determination) to use them as such is missing.
The Ares Breath: Is NOT INTENDED to be used in such an assembly and it is clearly NOT MULTIPLE PARTS. Therefore, it fails to meet the definition in Section 2.
V. DEFINITION OF A �FIREARM SILENCER� SECTION 3
(Any Individual Part from Section 2 that has No Other Purpose)
Any part INTENDED ONLY for use in such assembly or fabrication.
This means any SINGLE part that is INTENDED to be used as an assembly in Section 2 and HAS NO ADDITIONAL PURPOSE outside of being used in Section 2. This can be easily demonstrated with the myriad of brakes and compensators that ARE INTENDED to be used as a part of a �Firearm Silencer� but are not considered to be �Firearm Silencers� because they have additional uses outside of such assembly. These additional uses include but are not limited to: reducing muzzle climb and reducing felt recoil.
http://www.surefire.com/tactical-equipment/suppressor-adapters/socom-muzzle-brake-adapters.html
http://www.surefire.com/tactical-equipment/suppressor-adapters/legacy-muzzle-brake-adapters.html
http://www.gem-tech.com/store/pc/5-56MM-Quickmount-for-G5-and-G5-T-p119.htm
Example �Soda Can Silencer�: If the �Soda Can Silencer� maker intends to re-use the duct tape for a purpose other than a silencer (i.e. used to patch torn clothing), the duct tape, in absence of the soda can, is NOT a firearm silencer even though the INTENT (purpose; aim; determination) of the user IS to combine it with the soda can FOR (with the object or purpose of) diminishing the report of his .50BMG. The duct tape is INTENDED for purposes OTHER THAN ONLY (alone; solely; exclusively) being used in such an assembly.
The INTENT (purpose; aim; determination) being ONLY (alone; solely; exclusively) FOR (with the object or purpose of) use in assembly or fabrication of Section 2. These words are vitally important; imagine a world where Soda Cans, Washers, Bolts, Screws, Nuts, and Duct Tape were all individually considered to be �Firearm Silencers� or �Firearm Mufflers� simply because they �could� potentially be used as such.
The Ares Breath: Is not intended to be used as a part of an assembly described in Section 2 and it clearly has legitimate purpose outside of such an assembly. Therefore, it fails to meet the definition of Section 3.
VI. FEATURES AND USES
(Published Marketing Materials)
(Published Marketing Materials)
The Ares Breath is intended to be used in compliance with Federal and State law. The product may be pinned and welded to a 10.5" barrel, to make the barrel a legal rifle-length barrel, or mount it without welding onto a 16� or longer barrel.
The Ares Breath is designed and intended to reduce felt recoil and muzzle climb.
The Ares Breath is intended to be aesthetically pleasing to the end-user.
The Ares Breath does not have threading on the forward portion, and is not intended to be used as part of an assembly of a silencer, suppressor or muffler.
The Ares Breath does not diminish the sound of the firearm.
In an abundance of caution we have added anti-tamper features to restrict the ability of misuse.
VII. CONCLUSION
For the previously discussed positions and arguments, we respectfully conclude that The Ares Breath cannot legally or in good conscience be classified as a �Firearm Silencer� or �Firearm Muffler� as defined in 18 U.S.C., � 921(a)(24).
The Ares Breath does NOT meet any one of the three separate segments as defined by law.
We look forward to re-establishing a positive relationship with your agency.
Thank you very much for your time and attention to these matters.
Sincerely,
Bryce Stirlen
View Full Document
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