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Posts Tagged ATF
Supreme Court To Take More Gun Cases
From The Truth About Guns:
Among the first issues to be heard is a challenge to the Biden administration’s regulation of “ghost guns” — firearms that can be assembled from parts sold online and are often untraceable due to the absence of serial numbers. On October 8, the court will hear Garland v. VanDerStok, a case that focuses on whether partially assembled firearms sold in kits should be treated as guns under federal law.
Crackdown On Switches And Suppressors From China
From The Truth About Guns:
U.S. authorities announced on September 11 that they had seized 355 websites used to sell suppressors and conversion kits, known as “switches,” which are used to convert semi-automatic handguns into machine guns. The suppressors, reportedly being imported into the country from China, are highly regulated in the United States under the National Firearms Act, while the switches alone are considered illegal under most circumstances as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers them machine guns regardless of whether they are installed on an actual firearm or not.
Feds Still Attacking 3D Printed Gun Parts
From Ammoland:
Earlier this month, the government held an event hosted by ATF Director Steve Dettelbach and U.S. Deputy Attorney General Lisa Monaco. The government invited federal law enforcement, members of the 3D-printing industry, and academia to the conference in Washington, DC. The goal was to pressure the industry to stem the tide of 3D-printed gun parts.
ATF Loses On Forced Reset Triggers
From Bearing Arms:
Federal District Court Judge Reed O’Connor for the Northern District of Texas denied the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) request for a stay on his ruling that blocked the ATF from taking enforcement actions over force reset triggers (FRT).
Eighth Circuit Joins Fifth Circuit, Rejects ATF Brace Rule
From Bearing Arms:
On Friday, a three-judge panel on the Eighth Circuit overturned a lower court’s refusal to issue an injunction against the rule, sending the case back down to district court for a do-over. In its ruling, the panel concluded that the plaintiffs are likely to succeed on the merits of their arguments that the ATF rule is arbitrary and capricious.
How Will The Chevron Decision Affect Gun Owners
From Ammoland:
“Hopefully, it tones down all of the administrative agencies because it returns power to the judiciary. It should tone down the ATF just like the rest. They can no longer adjudicate their own rules and say, ‘we’re right because we said we’re right.’
Marijuana Legalization Puts Gun Rights In Jeopardy
From The Truth About Guns:
As more states increasingly legalize the recreational use of marijuana—24 states according to CBS News currently do—the move has put gun owners who like to toke and can legally do so according to their state’s permittance into a legal conundrum when purchasing a firearm: How to honestly answer question 21(f) on ATF Form 4473 without committing perjury and leave the store with their firearm? The answer is, they can’t.
How Will Chevron Affect The ATF?
From Bearing Arms:
The Supreme Court’s decision to scrap the Chevron Doctrine doesn’t automatically mean that the ATF’s rules on unfinished frames and receivers, pistol stabilizing braces, and who is “engaged in the business” of dealing firearms will be thrown out by the federal judiciary, but it definitely makes it more difficult for the DOJ to defend the rules going forward.
No longer can the agency reliy on judges giving the agency the benefit of the doubt when it come to interpreting supposedly ambiguous language. Unless the ATF is strictly adhering to the underlying statute when crafting its rules (which has not been the case in recent years) the odds are good that the rule will fall.
SCOTUS Bump Stock Opinion Breakdown
From Open Source Defense:
On Friday the Supreme Court struck down the ATF’s bump stock ban. Let’s break down the justices’ opinions and the implications.
Clarence Thomas writes for a 6-3 majority, and the overriding theme of his opinion is that this is not a hard case. Under the NFA, a machine gun is “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger”. Bump stocks are simply not that. That’s obvious if and only if you know how a bump stock works. Thomas explains that by explaining how an AR-15’s fire control group works.
Rep Massie Takes ATF Head To Task
From Ammoland:
Rep. Masse was referencing an interview that Mr. Dettelbach did with CBS’s “60 Minutes.” It was the same interview where the ATF’s firearms “expert” could not disassemble or assemble a Glock pistol. In the interview, Dettelbach pointed out that someone could buy a Barrett .50 cal in cash. He said that FFLs should report cash purchases to the ATF. Many in the gun community took issue with this statement because it is not illegal to buy firearms with cash, and in many cases, gun owners prefer to use cash, especially since programs such as “Operation Choke Point” exist.
Cornyn Backtracking On Gun Law
From Ammoland:
“Cornyn, Tillis, Colleagues Introduce Resolution to Block Unconstitutional Biden ATF Rule,” a Wednesday press release announces. Their intent is to “to strike down the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule on the definition of ‘Engaged in the Business’ as a Dealer in Firearms, which ignores the law and congressional intent and flagrantly violates the Constitution to try to require anyone who sells a firearm to register as a federal firearm licensee.
”How can veterans John Cornyn, Thom Tillis, and other Republican “Vichycons” — who gave the antis the votes they needed — possibly claim to be surprised that enemies of the right of the people to keep and bear arms won’t stretch any inch given into a mile and then some? What did they think Chris Murphy had in mind, fast-tracking a bill after the high-profile Uvalde school massacre (where a maniac took predictable advantage of a “gun-free zone” while cops dithered in the hall for 78 minutes)?
Temporary Restraining Order Issued For ATF
From The Truth About Guns:
The gross overstep by the Justice Department (DOJ) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which basically outlaws private gun sales and was set to take effect on Monday, has been challenged in court in a number of different lawsuits. On Sunday, in the case State of Texas v. BATF, the U.S. District Court for the Northern District of Texas approved a temporary restraining order on the Final Rule that states it may not be enforced against the individual plaintiff in the case, citizens of the of Texas, and members of Gun Owners of America, Gun Owners Foundation, the Tennessee Firearms Association and the Virginia Citizens Defense League.
ATF Universal Background Checks Challenged
From The Truth About Guns:
A federal judge has expedited the legal proceedings against a new rule by the ATF that mandates universal background checks on private firearm sales. U.S. District Court Judge Matthew J. Kacsmaryk’s decision on Friday sets the stage for a rapid review of the contentious rule, which has faced strong opposition from gun rights advocates and several states.