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Posts Tagged ATF
Judge Dismisses Compensation Lawsuit For Bump Stocks
A federal claims court this week dismissed a lawsuit from bump stock owners that had alleged the U.S. government was improperly forcing them to destroy their devices without compensation.
Bump stock owners filed the $500,000 lawsuit in March, after a federal reclassification of bump stocks as machine guns effectively outlawed their possession. The reclassification was prompted by the October 2017 mass shooting in Las Vegas.
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.
ATF Nominee Does Not Support More Restrictions
From Guns.com:
In this week’s two-hour hearing, U.S. Sens. Dianne Feinstein, D-Calf., and Mike Lee, R-Utah, interchangeably grilled Canterbury about his stance on a federal ban on “assault weapons” and their associated magazines, as well as universal background checks, handgun waiting periods and other questions of gun policy. Canterbury responded that, while the FOP supported such gun control measures in the 1990s, the lobby group presently does not espouse such changes to current law. When pressed on his personal feelings on such restrictive concepts, Canterbury said he is “a strong supporter of the Second Amendment and I believe in the right to bear arms.”
ATF/FBI Still Have Questions To Answer About Waco
From The Hill:
Twenty-five years ago today, FBI tanks smashed into the ramshackle home of the Branch Davidians outside Waco, Texas. After the FBI collapsed much of the building atop the residents, a fire erupted and 76 corpses were dug out of the rubble. Unfortunately, the American political system and media have never faced the lessons from that tragic 1993 day.
Bump Stock Ban Now In Effect
From Guns.com:
As gun rights groups and Second Amendment advocates sought a nationwide injunction against the move with the U.S. Supreme Court on Monday, the pending rule change by government regulators to reclassify bump stocks as “machine guns” was set to become effective on March 26. In response, RW Arms, the leading retailer of the devices, announced they would seek to turn in their remaining inventory of bump stocks to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The NRA’s Bump Stock Position
From Bearing Arms:
That’s why the NRA said that it ought to be regulated – NOT banned.
Why? Because politicians [had the votes] and were building steam [in 2018 Congress] and moving toward a ban on all semi-automatic firearms. Frankly, I find it curious that the Obama administration approved the sale of bump stocks, to begin with – but that’s another debate for another day. [the call for regulation by the NRA took the wind out of this legislative effort and moved the bump stock ban, now a “rule” instead of a law, into the regulatory realm where it can now be argued against (lawsuits have been filed ) and ruled on by the courts.]
DEA Agent Gets Probation For Selling Guns To Drug Dealers
From Guns.com:
Joseph Gill, 42, was sentenced on Monday to five years probation with the first six months of the term spent in home detention after pleading guilty last October to two counts of illegally dealing firearms. While investigators determined he may have been sold as many as 100 guns in private transactions over the past several years, it was the sale of two AR-15s to members of a drug trafficking organization in 2016 that triggered his arrest.
ATF’s Continued Bad Rulings
From The Federalist:
As Davis noted, in 2010 the agency said bump stocks weren’t “machineguns,” that a bump stock “performs no automatic function when installed. In order to use the installed device [the bump stock], the shooter must apply constant forward pressure with the non-shooting hand and constant rearward pressure with the shooting hand.”
Rejecting its 2010 determination, the BATFE now says that a bump stock causes a semi-automatic firearm to fire “in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.”
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.)
ATF Changes Accessory Review
From Guns.com:
“Effective immediately, any requests for a determination on how an accessory affects the classification of a firearm under the GCA or NFA must include a firearm with the accessory already installed,” noted ATF. “Except in cases of conditional import determinations, FTISB will not issue a determination on an accessory unless it is attached to the submitted firearm.”
Bump Stock Ban Is Stupid And Unlawful
From The Federalist:
Perhaps in search of mythical bipartisanship points, Trump ordered the Department of Justice (DOJ) to craft a new administrative rule banning the devices. This might seem odd to anyone who has managed to stay awake through a single civics class or a third of an episode of “Schoolhouse Rock.” That’s because this attempt to bypass the legislature is completely out of line with the law.
M4 Stolen From ATF. Who Will Be Held Responsible?
From Guns.com:
Equipment to include a select-fire Colt M-4 rifle was snatched in a burglary of an agent’s vehicle parked near a Bay Area federal building. Stolen in the smash-and-grab Tuesday evening from a Bureau of Alcohol, Tobacco, Firearms, and Explosives vehicle besides the M4 were a 9mm Glock, handcuffs, an ATF radio, and a Taser, reports the East Bay Express.
Bump Stock Ban Coming?
From Reason:
CNN was the first to report the news yesterday evening, citing “officials familiar with the matter.” An administration official confirmed to The New York Times that the rule would be unveiled “in the coming days to weeks.” Under Trump’s new regulation, a source tells CNN, bump stock owners would have 90 days to get rid of the devices on their own or turn them over to authorities.