Posts Tagged ATF

ATF Elimination Act Introduced by Rep. Sensenbrenner

From Rep. Sensenbrenner:

Today, Congressman Jim Sensenbrenner reintroduced the ATF Elimination Act, legislation that would dissolve the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and merge its exclusive duties into existing federal agencies.

Additionally, the Act calls for an immediate hiring freeze at the agency and requires the Department of Justice (DOJ) to eliminate and reduce duplicative functions and waste, as well as report to Congress with a detailed plan on how the transition will take place. Further, it would transfer enforcement of firearms, explosives and arson laws to the Federal Bureau of Investigation (FBI), and illegal diversion of alcohol and tobacco products would be transferred to the Drug Enforcement Agency (DEA).

Under this bill, the DEA and FBI would be required to submit to Congress a plan for winding down the affairs of the ATF after no more than 180 days, and field offices, along with other buildings and assets of the ATF, would be transferred to the FBI. It would have one year to report excess property to the General Services Administration (GSA).

Congressman Sensenbrenner: “Despite our country being trillions of dollars in debt, government spending continues to rise. Common sense budgeting solutions are necessary, and the ATF Elimination Act is one measure we can take to reduce spending, redundancy, and practice responsible governance. The ATF is a scandal-ridden, largely duplicative agency that has been branded by failure and lacks a clear mission. It is plagued by backlogs, funding gaps, hiring challenges, and a lack of leadership. These facts make it a logical place to begin draining the swamp and acting in the best interest of the American taxpayer.”

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More Proof Gun Control Is Unworkable

From Fox St. Louis:

Shortcomings at federal and state agencies allow sales of firearms to people prohibited from buying them, a Justice Department inspector general probe found.

But for the past 15 years, the FBI and ATF have disagreed over what is a “fugitive from justice,” which would disqualify a prospective buyer from legally obtaining a firearm, the inspector general report said. There were nearly 50,000 such purchases between 1999 and 2015 that the FBI sought to deny, but that the ATF didn’t agree required the agency to try to retrieve the gun.

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Katie Couric Sued For Defamation

From Bearing Arms:

Second Amendment rights advocacy organization the Virginia Citizens Defense League (VCDL), along with two of its members, today filed a $12 million defamation lawsuit against Katie Couric, director Stephanie Soechtig, Atlas Films, and Studio 3 Partners LLC d/b/a Epix for false and defamatory footage featured in the 2016 documentary film Under the Gun.

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ATF Reclassifies Key Ammo Component Without Warning

UPDATE 9/1/2016:

The Bureau of Alcohol, Tobacco, Firearms and Explosives has walked back an announcement it now viewed wetted nitrocellulose as a high explosive and will work with the firearms industry on clarification.

From Ammoland:

ATF’s sudden and unexpected change in policy on wetted nitrocellulose will likely have a significant impact on industry’s ability to deliver products to the military and commercial markets. Industry members have relied on the exemption for wetted nitrocellulose for many years and are aware of no accidental detonations or diversion of this product into illicit channels. Consequently, it is unclear why ATF believed it necessary to change its policy and, more importantly, why ATF announced the change in a newsletter article with no advance notice to industry.

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Ban On Ammo Upheld

From Seattle Times:

A federal judge in Seattle has upheld a decision by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to ban ammunition originally designed for AK-74 assault rifles.

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ATF Keeping Gun Owner Info Illegally

From The Daily Caller:

The U.S. Government Accountability Office (GAO), the go-to federal oversight agency, conducted an audit of ATF and found it does not remove certain identifiable information, despite the law explicitly mandating it do so. GAO conducted reviews for four data systems, and concluded at least two of ATF’s systems violated official protocols.

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Machine Guns On Trial

From Ammoland:

A panel for the United States Third Circuit Court of Appeals has affirmed a district court ruling and sided with the government against a man who was authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture a post-1986 machine gun through a trust, only to have the permission rescinded and his property confiscated. In doing so, and by ignoring founding intent behind the Second Amendment, the panel ruled the right of Americans to own militia-suitable firearms can not only be infringed, but that it’s not even a right.

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IED Found In Central Texas Near Fort Hood

From KCEN:

An improvised explosive device (IED) was found and disabled Tuesday night under a bridge near Rosebud.

According to Falls County Constable Richard Aleman, 2 juvenile boys were hunting for rabbits late Tuesday evening when they saw suspicious items under a bridge near Farm to Market 1963. 1 of the boys contacted his father, who is former military, and his father contacted the fire department.

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California Gun Shop Gives Up Fighting ATF

From The Blaze:

Cook contended that his former lawyer gave ATF officials the wrong information regarding how the pieces were made that led to the raid as well as his eventual forfeiting of the more than 3,000 parts taken from him.

“The reason that I quit fighting is because it’s a battle that I don’t believe that the U.S state attorney, the DOJ or the ATF office would be able to say they were going to give our stuff back,” he said.

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ATF Cracks Down On “Gun Sellers”

From Milwaukee Journal Sentinel:

A Wauwatosa man is under federal investigation for selling guns without a proper license, buying more than 500 firearms from an outdoors store and then selling them through a website or at gun shows, according to newly unsealed court documents.

According to the search warrant, the suspect obtained a collector of curio and relics license in 2014 from the ATF. The license allows the sale of guns that are at least 50 years old but does not allow the holder to be a general firearms dealer.

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P.W. Arms Sues ATF Over Ammo Ban

From Guns.com:

P.W. Arms, Inc., a wholesaler in Redmond, filed suit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a Seattle federal court on Dec. 18. The lawsuit alleges the ATF incorrectly classified the ammo 7N6, a 5.45x39mm rifle round, as “armor piercing” and in turn prohibited it from importation after permitting the company to do so.

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Ares Armor vs ATF

From Ammoland.com:

The United States District Court for the Southern District of California ruled against Ares Armor in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a decision filed Thursday. United States District Judge Janis L. Sammartino, a George W. Bush appointee, ordered dismissal of plaintiff claims.

Ares claimed First, Second and Fifth Amendment violations by ATF, as well as a violation of the Firearm Owners Protection Act.  ATF argued for dismissal, citing “lack of subject matter jurisdiction …  [and] failure to state a claim,” as well as for summary judgment on the claim by Ares that classifying the part as a firearm was “arbitrary.”

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Bill Removes Suppressors From National Firearms Act

From American Suppressor Association:

The American Suppressor Association (ASA) is pleased to announce the introduction of the Hearing Protection Act (HPA) by Rep. Matt Salmon (AZ-05). This historic piece of legislation will remove suppressors from the purview of the National Firearms Act (NFA), replacing the antiquated federal transfer process with an instantaneous NICS background check. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.

 

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Senator Kaine’s Gun Control Bill

From The Federalist:

Kaine’s proposed law, entitled the “Responsible Transfer of Firearms Act,” places a criminal federal liability on anyone who transfers a firearm to an individual prohibited from possessing one by federal law, according to a fact sheet provided by Kaine’s office. Under current law, only federal firearms licensees (FFLs) are criminally liable if they sell a gun to a prohibited individual. Kaine’s law would extend that criminal liability to private individuals as well.

 

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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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