Posts Tagged batfe

ATF Keeping Gun Owner Info Illegally

From The Daily Caller:

The U.S. Government Accountability Office (GAO), the go-to federal oversight agency, conducted an audit of ATF and found it does not remove certain identifiable information, despite the law explicitly mandating it do so. GAO conducted reviews for four data systems, and concluded at least two of ATF’s systems violated official protocols.

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Machine Guns On Trial

From Ammoland:

A panel for the United States Third Circuit Court of Appeals has affirmed a district court ruling and sided with the government against a man who was authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture a post-1986 machine gun through a trust, only to have the permission rescinded and his property confiscated. In doing so, and by ignoring founding intent behind the Second Amendment, the panel ruled the right of Americans to own militia-suitable firearms can not only be infringed, but that it’s not even a right.

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ATF Claims It’s Not Subject To FOIA

From Guns.com:

“The ATF is not an ‘agency’ within the meaning of the FOIA, 5 U.S.C. § 552(f)(1), and is, therefore, not a proper party defendant,” the agency wrote in its answer to a complaint filed in federal court in June.

Attorney and Second Amendment scholar, David Kopel, said he didn’t know the reasoning behind the ATF answer. “I have no idea what ATF’s argument on that point is,” he said. “There is no separate FOIA law for ATF, and they are plainly an agency within the meaning of the statute.”

 

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Act Would Limit BATFE’s Arbitrary Limits on Guns

From NRA-ILA:

The term “sporting purposes” is undefined by federal statute and has been subject to several reinterpretations by the BATFE and its predecessor agency.  BATFE and anti-gun administrations have exploited the lack of a clear definition of “sporting purposes” to bypass Congress and impose gun control through executive fiat. The most recent (and perhaps most infamous) example of this was the Obama administration’s attempt to ban a highly popular form of ammunition for the AR-15, America’s most popular rifle.

More from NRA:

“This important legislation would prevent arbitrary ammunition bans like the one attempted earlier this year by the Obama Administration,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “With the support of America’s law-abiding gun owners, the NRA was able to beat back Obama’s attempt to ban ammunition used by millions of law-abiding Americans every day for target shooting, hunting, and self-defense. This legislation would fix the law to protect us from similar government overreach in the future.”

 

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ATF “Tweaking” “Sporting” Definition For Ammo

From Gun Rights Examiner:

The Bureau of Alcohol, Tobacco, Firearms and Explosives’ classification of pistol grip only firearms with 14” barrels that fire shotgun shells and are over 26” in overall length as neither “shotguns” nor National Firearms Act “Destructive Devices” or “Any Other Weapons” has created a situation wherein the agency must either quietly save face or have it exposed that untold numbers of good faith gun owners currently legally possess firearms problematic for the government to allow. In order for that status quo to continue, ATF, in conjunction with certain members of Congress and lobbying interests, is working at “tweaking” its definition of the arbitrary “sporting use” term, insider sources tell Gun RightsExaminer. And with that will come a push to expand definitions to allow for further importation bans on certain types of presently legal ammunition.

 

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ATF Director Resigning At End Of March

From FoxNews:

B. Todd Jones’ resignation is effective March 31. After that, Deputy Director Thomas Brandon will become acting director.

“I will truly miss leading and working side-by-side with these men and women in their pursuit of ATF’s unique law enforcement and regulatory mission,” Jones said in a statement Friday.

From The Hill:

The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is stepping down following controversy surrounding the agency’s proposal to ban certain types of ammunition.

Jones, who in July 2013 became the first ATF director to be confirmed by the Senate and led the agency after a scandal involving the agency’s infamously botched Operation Fast and Furious gun tracking initiative, is departing shortly after the agency dropped a controversial attempt to ban certain armor-piercing bullets used in AR-15 rifles.

 

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ATF Backsdown on Bullet Ban

From The Washington Post:

Gun-rights supporters responded angrily. Right-wing media accused the Obama administration of an illegal move to restrict the Second Amendment. U.S. Rep. Bob Goodlatte (R-Va.) wrote a letter co-signed by 236 members of Congress to express their “serious concern.” Fifty-two senators also expressed their displeasure with the ATF’s proposal.

From The New York Times:

But in a Twitter post on Tuesday, the agency acknowledged the intense opposition to the change and said it would shelve the proposal for now.

“You spoke, we listened,” the post said. “@ATFHQ plans more study on the proposed AP Ammo exemption framework.”

A statement on the agency’s website said the agency had received more than 80,000 opinions even before the comment period for the proposed regulatory change was due to end next Monday. The agency said the “vast majority of the comments received to date are critical” of the proposal.

“Accordingly, A.T.F. will not at this time seek to issue a final framework,” the statement said. “After the close of the comment period, A.T.F. will process the comments received” and “further evaluate the issues raised.”

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Is the SB15 Brace Legal?

From Military Arms Channel:

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New ATF Ruling Makes It A Crime To Use A Business’s Machinery To Make Your Own Gun

From The Examiner:

The ruling, signed by ATF Director B. Todd Jones on Friday, also holds that the businesses must “identify (mark) any such firearm and maintain manufacturing records,” and that Gun Control Act requirements may not be avoided by allowing persons to perform processes on machinery, tools and equipment a business controls access to. Excluded from the ruling are weapons and devices regulated by the National Firearms Act.

 

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Bill To Remove Race From Form 4473

From Guns.com:

The measure, sponsored by Reps. Diane Black (R-TN) and Ted Poe (R-Texas), would place a prohibition on the Federal government’s current practice to require race or ethnicity to be disclosed during the transfer of a firearm. This comes after an article in the Washington Times earlier this week brought attention to the practice, quietly implemented two years ago by the ATF, of mandating that patrons buying or receiving a gun select a series of questions on Form 4473 to better identify their race and whether or not they are Hispanic.

 

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The “80% Lower” Situation

From The Bang Switch:

Here’s a not so well kept secret, there’s no such thing as an 80% lower in the eyes of the BATF — it’s either a gun or it isn’t. The phrase “80% lower” was coined by a cleaver marketer of incomplete AR lowers years ago and it stuck.

The actual regulation in the Gun Control Act that all this hubbub is based on states, “(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.”

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Dimitrios Karras Discusses Ares Armor Situation

Here is a video of the CEO of Ares Armor talking to a local news station before the raid:

Click here to watch the interview with The Blaze.

Reason.tv interview:

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Cop Attempts to Sell Class 3 Weapon, Not Charged

From WSBRadio.com:

When Doraville received the tip they contacted the Bureau of Alcohol, Tobacco and Firearms.

“Because the weapon had not been delivered,” Callaway says, “it didn’t meet their threshold for a crime.”

Mann was dismissed from the Doraville police department.  He can appeal his firing.

Would a civilian like you or me not be charged if we tried to sell a Class 3 weapon without the proper paperwork? It is my opinion that there should be no such thing as a Class 3 weapon in the first place.

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ATF Seeking Comments on Revising Form 5320.1 (SBR/SBS)

The ATF is trying to make the process easier for applicants and the ATF itself. From Guns.com:

What are the proposed changes?  They’re simple, really.  They want to accept electronic payments to pay the transfer tax by credit or debit card.  They also want to reduce redundancy by combing information currently captured on another form.  And they want to change the size of the form itself to 8.5 x 14.

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