Rick Vasquez Firearms LLC Proliferation of Blank Guns that Fire Ammunition Background: It is becoming an increasing issue that starter guns/blank firing guns or real firearms modified to fire real ammunition are being used by criminals. Many of these blank guns are manufactured with little to no restrictive measures that prohibit them from being modified to accept ammunition. Additionally, modern firearms can be modified to accept blank ammunition and become deregulated. These firearms can be restored to original firearm condition so they can shoot real ammunition. This example of blank guns being converted to fire ammunition refers to several Turkish- manufactured blank firing pistols that were seized by Customs and Border Protection. Models of these blank guns were sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for evaluation. They were evaluated by technicians in the Firearms Technology Branch and were determined to be readily convertible to fire ammunition and, therefore, were classified as a firearm. Rick Vasquez Firearms LLC (RVF) was asked to provide a second analysis by the importer to determine if ATF’s opinion should stand. Pertinent authority: As defined in 18 U.S.C. Section 921 (a)(3), the term firearm includes “any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon.” Historically, ATF has evaluated starter guns since the enactment of the Gun Control Act in 1968, to determine if they could be “readily converted” to fire ammunition. Generally, common hand tools are used, such as drills, drill bits, screwdrivers, etc. The FTB evaluation confirmed that the Blow No.2 and the Model Compact are a copy of a 9mm caliber, semiautomatic pistol and have the following features and characteristics: Plastic, ferrous and non-ferrous metal construction A .9mmR./P.A.K., blank caliber, plugged barrel Orange hardened steel insert in the front approximately 1 inch of the barrel Barrel with an outside diameter of approximately .585 inch ATF FTB’s analysis indicated that they were able to drill out the barrel on a sample with a carbide drill bit. They wrapped a section of tape around a .380 caliber cartridge so that it would fit in the center of the chamber and fired the .380 caliber cartridge.

1. Plastic, ferrous and non-ferrous metal construction Blank guns: 2 RVF Analysis: I received several blank firing devices to evaluate for the ability to convert into a firearm with the capability of firing ammunition. It is important to note that the barrels of these devices are generally fixed in place. The following models, Turkish Blow No.2 and the Model Compact, are a copy of a 9mm caliber, semiautomatic pistol and have the following features and characteristics: 1. Plastic, ferrous and non-ferrous metal construction A .9mmR./P.A.K., blank caliber, plugged barrel. Orange hardened steel insert in the front, approximately 1 inch of the barrel Barrel with an outside diameter of approximately .585 inch Step 1: Turkish Blow No. 2 My attempt to convert the blank firing devices was accomplished using common hand tools. Those tools were a common battery-powered drill, high speed drill bits, hammer and center punch. Using a center punch, I tapped an indent to indicate center of the insert. Using a 1/8-inch-high speed drill bit, I began the drilling. I continued to step drill the insert in different drill bit increments until I reached approximately .350 inch. I was able to drill though the supposed hardened still insert with a high-speed drill bit. It took approximately 25 minutes to complete this process. 9mm projectiles are .355 diameter and the case is .374 diameter. These are the same diameter of a .380 cartridge except the 9mm cartridge is longer. My evaluation demonstrated that the barrel insert was able to be drilled out using standard over-the-counter high-speed drill bits and an over-the-counter battery-powered drill bit. Utilizing a .380 primed cartridge without gun powder or projectile, I wrapped the casing with tape to gain a snug fit in the chamber and fired the cartridge. This demonstrated the Model Blow starter gun was readily convertible to fire a shot. This process took approximately 30 minutes. It is important to note that in my tenure with ATF, I performed these types of evaluations and recognize quickly what needs to be accomplished to convert a blank gun into a firearm. Regardless, the ease of converting this blank gun was very disconcerting. Step 2: Compact Blow: I measured the inside diameter of the chamber and it confirms the previous analysis. The barrel diameter was not sufficient to drill out the steel insert and ATF FTIB classified this sample as a non-firearm. These features were verified, and the analysis is the starter gun is not readily convertible to a firearm.

Photographs of converted blank gun. Blank guns: 3 Photographs of converted blank gun. Barrel that has been drilled out.

Chamber end of blank gun without any obstruction Blank guns: 4 Chamber end of blank gun without any obstruction Background information: When the definition of a firearm was implemented into the Gun Control Act of 1968, starter guns/blank firing guns that were able to be converted to fire ammunition were classified as firearms. Manufacturers and importers that wanted to make or import these devices developed prohibitive manufacturing methods that restricted the ability to convert them to fire ammunition. To qualify for importation, importers must submit a sample device to ATF for qualification as not being readily converted into firearm. What does readily converted mean? The method used to convert blank guns by the ATF is subjective. There is not a fixed process or method. However, the process generally uses common hand tools and a short amount of time. This is generally about an hour. If using common tools and a limited amount of time, a blank gun can be converted to fire ammunition, it is classified as a firearm. These blank buns once converted, have smooth bores, and once classified as a firearm, they are also classified as an “Any other Weapon” under the National Firearms Act and banned from importation. This policy of producing blank guns with restrictive measures that do not allow them to be readily converted is not a policy adopted by other countries. Therefore, there is a proliferation of

Blank guns: 5 readily convertible starter/blank firing guns for sale. As we discovered in the situation of the confiscated blank guns in this case, there are variations with the same model name. The client had mistakenly purchased non-approved blank guns with the same model of others that have been approved by ATF for importation. Blank guns are not regulated as firearms and cannot be traced. If converted, the cartridges cannot be matched and there are no lands and grooves imparted on the projectile when it is fired. This makes them virtually untraceable to the criminal element. Along with blank guns being converted are the firearms that are manufactured as firearms and later modified to only shoot blank ammunition. Under U.S. laws and regulations, these modified firearms do not lose their identity, and they are still regulated as firearms. These foreign weapons are not importable as blank guns into the United States but proliferate European countries.1 These converted firearms are used by all levels of criminals from street crime to terrorism. Attached with this paper is a short presentation showing authentic Tokarev pistols that have been modified to fire blank ammunition. All of the photographs were taken from the importers website. An attempt was made to import these firearms into the United States as blank guns and the importation succeeded. A referral on the importer selling these firearms was sent to ATF, and the entire shipment (several hundred) were seized before they entered commerce. These firearms, as demonstrated in the presentation show how easily they can be restored to original condition by simply replacing modified components with off-the-shelf new components. Conclusion: Once a source of firearms is discovered persons with criminal intent will capitalize on this source. It is imperative to train customs and law enforcement personnel how to identify these readily convertible blank guns. Additionally, if a firearm is converted to a blank gun it should always be regulated as a firearm. 1 http://www.smallarmssurvey.org/about-us/highlights/2017/highlight-converted-firearms.html