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Posts Tagged ATF
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.
Texas’s Suppressor Challenge To Be Heard By Fifth Circuit
From Ammoland:
The lawsuit by the State of Texas, challenging the federal requirement to pay taxes and register homemade silencers, is moving forward in the Court of Appeals for the Fifth Circuit. Oral arguments are scheduled for April 29, 2024. The case is now known as Paxton v Dettelbach.
Arkansas AG Backtracks On Demands From ATF Raid
From The Truth About Guns:
After the ATF shot and killed 53-year-old airport executive Bryan Malinowski in his home during a botched SWAT raid, Griffin had questions about the ATF’s use of force, which Malinowski’s family and most everyone else said was excessive. Griffin publicly called on ATF to release the videos from their bodycams, stating “information from a camera helps fill the vacuum of conspiracy and all this other stuff.”
However, a story published last week revealed that ATF agents wore no bodycams March 19 during their fatal raid, and since then, Griffin – not unlike the ATF agents he called out for their lack of transparency – has gone silent about the killing. Now, Griffin lets his spokesman field questions about ATF’s raid.
ATF Stats Prove “Universal” Background Checks Won’t Work
From Ammoland:
“Universal” background checks are “universal” in name only and don’t stop criminals from stealing firearms, getting them on the black market, or getting them from straw purchasers. On April 8, ATF published a report on the agency’s firearm trafficking investigations. The “trafficking channel” for roughly two-thirds of the reported cases (65-percent) were “trafficking in firearms by a straw purchaser or straw purchasing ring,” “trafficking in firearms stolen from an FFL,” or “trafficking in firearms stolen from private persons.” For those unfamiliar with the term, “straw purchasing” is when a person buys a firearm, lying on ATF Form 4473 and undergoing a background check, on behalf of a person prohibited from possessing firearms.
Arkansas AG Wants ATF Bodycams From Raid
From Ammoland:
Arkansas Attorney General Tim Griffin has serious questions for ATF officials about their botched March 19 SWAT team raid, which killed Little Rock Airport executive director, Bryan Malinowski, in his home. And if ATF has bodycam footage of the fatal raid, Griffin wants to see that, too.