Posts Tagged executive branch

Fisherman Case Could Destroy The ATF and The Administrative State

From Ammoland:

The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The cases ask the Supreme Court to consider more than just the question of whether the government can force a private enterprise to bear the monetary costs of accommodating a government function. It challenges what’s referred to as the Chevron doctrine, a legal doctrine that arose from a previous Supreme Court decision that has over time given wide swath to federal agencies to sort of fill in the holes – if you will – of how the government is to enforce a law when the statute passed by Congress doesn’t explicitly dictate it. It basically allows unelected federal bureaucrats to create laws. Under the Chevron Doctrine, the federal judiciary gives deference to federal agencies’ interpretation of the law, and some would argue abdicate their constitutional responsibility to say what the law means.  Chevron deference is the lifeblood of the “administrative state.”

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The Bureaucrats Must Be Purged To Save The Republic

From The Federalist:

if we’re serious about re-constitutionalizing our system of government, the next administration must make slashing both the scope and scale of the executive branch — the citadel of the administrative state — its highest priority. If we fail in that objective, any and all wins we secure the next time we win at the ballot box will be erased by the next Democrat administration. It will happen immediately and by executive order and other means, as it did virtually on the first day of the Biden administration.  

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The ATF Must Go

From Bearing Arms:

Calls for the reform or abolishment of the ATF grow louder and louder. Just last week, an article published by the Second Amendment Foundation makes the case for undoing the damage done by the Biden Administration. It’s a roadmap for the next president, but not one that will alter the current course of the ATF or stop future abuses. And while I’m on board with undoing Biden’s dirty work, I don’t think it’s enough. It’s my view that undoing the years of Biden Administration overreach and utter disdain for the Constitutional rights of American citizens will not be enough. The ATF, as it is currently defined, has got to go.

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Fishing Industry Case Could Restrict ATF’s Power

From Washington Gun Law:

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FPC Tells Supreme Court Chevron Deference Is Unconstitutional

From Ammoland:

“Chevron violates Article III by transferring from the judiciary to the executive the ultimate interpretative authority to say what the law is,” argues the brief. “It violates Article I by incentivizing Congress to abdicate its legislative duties and delegate legislative authority to the executive. As a result, Chevron accumulates legislative, executive, and judicial powers in a single branch of government—which the Founders considered the very definition of tyranny.”

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Disarm Feds, Return Law Enforcement To Localities

From The Federalist:

I will proffer an alternative option that may appease both factions: Disarm the FBI and force it to partner with local law enforcement agencies for any investigative and enforcement activities.

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The FBI Is A Political Organization That Needs To Be Abolished

From The Federalist:

Democrats have weaponized the DOJ and the FBI as tools of political repression instead of justice. They are no longer conducting raids to investigate crime; they are conducting raids to punish their political opponents, criminalize dissent, and see if they can materialize crime.

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FBI Audit Finds Massive Rule Violations During Investigations Into Politicians, Religious groups and Media

From The Washington Times:

FBI agents violated agency rules at least 747 times in 18 months while conducting investigations involving politicians, candidates, religious groups, news media and others, according to a 2019 FBI audit obtained by The Washington Times. 

The internal review revealed a ratio of slightly more than two “compliance errors” per sensitive investigative matter reviewed by FBI auditors. These errors included agents’ failure to obtain approval from senior FBI officials to start an investigation, failure to document a necessary legal review before opening an investigation and failure to tell prosecutors what they were doing.

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Chipman Wrong For The ATF

From National Review:

Chipman is an activist, but the ATF needs an administrator. Chipman would raise the temperature of the gun-control debate, when precisely the opposite is needed. Chipman has shown poor judgment — from engaging in racially tinged office politics to allowing himself to be used as an instrument of public relations by a Beijing-run propaganda program — and the ATF, of all federal agencies, has had more than enough of poor judgment over the years.

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ATF Re-classifies Honey Badger Pistol As Short-barreled Rifle

From Firearms Policy Coalition:

ATF has once again unlawfully and unconstitutionally exceeded its authority and changed the law by issuing a new determination that is devoid of logic and reason, contains no explanation as to the manner in which it arrived at its conclusion, conflicts with its prior determinations, and embodies the very essence of “arbitrary and capricious”. 
After examining a sample Q Honey Badger Pistol, the ATF’s Firearms and Ammunition Technology Division (FATD) concluded that “the objective features of the Honey Badger firearm, configured with the subject stabilizing brace, indicate the firearm is designed and intended to be fired from the shoulder.” FATD further concluded that it is a SBR as defined by the National Firearms Act (NFA) and Gun Control Act (GCA). Yet, ATF does not explain how it arrived at this conclusion other than vague generalizations that the firearm was “designed” to be fired from the shoulder and by virtue of its barrel length meeting the definition of a SBR. 

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Project Guardian Encourages More Vigilance With Current Gun Laws

From The Hill:

Project Guardian, introduced by Attorney General William Barr last month, is a multifaceted plan that will rely on improved information sharing to more effectively enforce current firearms laws and better prosecute the criminals who violate them. Primarily, Project Guardian places increased reporting standards on federal law enforcement to regularly share with state law enforcement the lists of persons rejected from buying a firearm under the National Instant Criminal Background Check System (NICS). More specifically, this memo directs the offices of all U.S Attorneys to more promptly submit to NICS case records of individuals who become legally ineligible to own firearms. This will greatly reduce the lag time between a court’s decision to determine an individual is disqualified from buying or possessing a firearm and the NICS database having knowledge of that determination.

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Bureaucrats Making Law, Not Congress

From The Truth About Guns:

Administrative agencies, like the ATF and EPA, are increasingly encouraged to write their own rules far beyond the scope that the law allows. Hence why you saw “bump stocks” banned without Congress acting, why you saw 7N6 ammunition disappear, why you saw foreign made semi-autos dry up. None of this came with the help of Congress. All of it came at the behest of the executive branch, headed up by none other than whoever was president at the time.

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Case Could Reign In Federal Bureaucracies

From Bearing Arms:

Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers. 

Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)

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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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