Posts Tagged ATF

ATF Reclassifies Legal Firearms

From Military Arms Channel:

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GOA Continues Fight Against Bump Stock Ban

From Ammoland:

In particular, one appellate judge was very concerned that, in the future, the “ATF could choose to redefine ‘machine gun’ as including all semiautomatic weapons that can be modified with a device like a bump stock.”
Of course, this is exactly the point that GOA has made in its briefs to the court. If the ATF can claim that a bump stock can turn an AR-15 into a machine gun, then the same can be said about rubber bands or belt loops.

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Americans Now Own 423 Million Guns

From American Military News:

Using the most recent data from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) Annual Firearms Manufacturing and Export Reports (AFMER) to draw its conclusions, FITA’s report stated there are 422.9 million firearms in civilian possession from 1986 to 2018, along with an estimated 8.1 billion rounds of various firearms calibers and gauges.

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Bill Would Remove Short Barreled Rifle Registration From National Firearms Act

From Reason:

On Tuesday, Marshall introduced the Home Defense and Competitive Shooting Act of 2019. This would change provisions of the National Firearms Act of 1934 (NFA) that put extra restrictions on the ownership of short-barreled rifles—that is, semiautomatic rifles with a barrel shorter than 16″ in length or that have a total length of less than 26″.

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ATF Drops Case Because of Non Existent Rule

From Cam and Company:

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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.

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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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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.”

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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.

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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.

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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 firearmsFrankly, 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.]

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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.

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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.”

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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 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.”

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