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Posts Tagged ATF
ATF Attempting To Stop Private Gun Sales
From Bearing Arms:
The Justice Department submitted a new blueprint today to define more clearly who must secure a federal firearms license for legal secondary market transactions. This new framework would redefine who is required to obtain a federal firearms license to sell guns legally. This license mandates that a dealer run background checks on buyers, among other things.
The proposal represents the latest effort by the Biden Administration to strengthen gun control via administrative rules. With the exception of the Bipartisan Safer Communities Act, Biden has not had Congressional support for his gun control agenda. So the President has sought to enact changes through federal rulemaking by the Department of Justice (DOJ) and the Bureau of Alcohol Tobacco and Firearms (ATF).
Judge Scolds ATF For FFL Revocation
From Ammoland:
In his order, Judge Cogburn had no choice but to rule in favor of the ATF, stating: “Here, the Court finds that no genuine issue of material fact exists as to whether Petitioner violated the GCA. Thus, under Section 923(f)(3), the ATF was authorized to revoke Petitioner’s license.”
“Finally, the Court notes that Mr. Wilson, who sold firearms as a side business, sold the guns to his own stepdaughter. Nothing in the record indicates that Mr. Wilson’s conduct of selling two guns on one occasion to his own stepdaughter affected public safety or hampered the ATF’s ability to reduce violent crime, which is of course one of the purposes of the GCA. Of course, the ATF has been delegated the authority to revoke the license of a licensee who has willfully violated any provision of the GCA, even if the revocation seems a heavy-handed punishment in response to the violation at issue. Still, this sort of heavy-handed exercise of revocations, as opposed to warnings or suspensions, foments antipathy for government agencies,” Judge Cogburn wrote.
Texas Rallies Around Gun Dealer Targeted By ATF
From Ammoland:
A story published last month revealed that Harris was the latest home-based gun dealer to be targeted by the ATF. Harris and others say the ATF chose to harass and intimidate home-based dealers into voluntarily surrendering their FFLs because they know most lack the financial resources to mount a legal defense and fight back.
“The ATF didn’t follow their own protocols,” Harris said. “Now, they’re making up allegations.”
One of Harris’ longtime customers created a GiveSendGo account, which has raised nearly $20,000, although Harris will likely need much more.
ATF Wants To Ban Private Sales
From Ammoland:
The Biden administration will use executive orders and the weaponized ATF to issue a rule limiting the private sales of firearms. According to the New York Times and verified by AmmoLand News sources, the new rule is expected to be unveiled by the end of the year.
President Joe Biden plans to announce that he is directing the ATF to close what Everytown calls the “private sales loophole” and the “digital loophole.” The “private sales loophole” is when an individual sells a firearm for profit but does not possess a Federal Firearm License (FFL).
ATF Raids Continue To Threaten Americans
From The Truth About Guns:
During the 30 years that have passed since ATF’s botched raid in Waco, Texas, which led to 82 civilian deaths – including 28 children – and four federal agents, the agency appears to have forgotten that when it picks fights for no reason and uses excessive force, law-abiding Americans pay with their lives.
Pieces of Metal and Plastic Cannot Be Deemed Guns
From Reason:
A couple of years ago, an “80 percent” receiver I purchased refused to accept parts, let alone chamber and fire cartridges, until my son and I drilled and milled it to completion; that’s because unfinished firearms are not firearms. For a long time, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agreed. But, pressured by the Biden administration, the ATF tried to extend firearms regulations to a lot of things that aren’t guns but could, with work, become one. Now a federal judge is injecting some sense, ruling in a lawsuit that bureaucrats can’t just decide that inert objects are guns.
ATF Raids OK Man’s Home FFL
From The Truth About Guns:
Fincher, 52, has had a federal firearm license for three years. He has no brick-and-mortar gun shop. He’s what used to be called a “kitchen table FFL.” He sells most of his firearms at gun shows, including Wanenmacher’s Arms Show in Tulsa.
“It was like the Trump raid. They called me out onto my deck and handcuffed me. My son was there and saw the whole thing. He’s 13 years old,” Fincher said. “They held me on the porch for about an hour. I was surrounded by agents. One by one, they yelled at me about what I was doing. In my mind I decided if they were going to beat me up over every little thing, I’m done. As soon as I said, ‘If you want my FFL, you can have it,’ one of the agents pulled out a piece of paper and said, ‘Well then sign here.’ He had made three copies in case I screwed one up. It was exactly what they wanted. I was shocked.”
“You’re done. We have to shut you down,” Fincher recalls Mongell saying. “You tell all your FFL buddies we are coming for them. We are shutting the gun shows down.”
TX Federal Court Says Frames Are Not Firearms
From Ammoland:
The order does not accept the argument that the ATF can change the definition of a firearm without congressional approval. The order shows Congress could have used the language the ATF now prefers, but Congress did not.
Gun Store Owner Audited By ATF After Suing Them
From The Truth About Guns:
If you’re an individual who’s suing a federal regulatory agency and that agency then knocks on your door to conduct an audit of your business operations, is it reasonable to conclude that the two events are connected? Would it be fair to suspect the agency of trying to harass the plaintiff who’s been challenging their rulemaking…and winning?
That’s exactly what’s happened to Michael Cargill who owns Central Texas Gun Works in south Austin. Cargill was the plaintiff in the eponymous Cargill v. Garland bump stock case. Cargill won that Fifth Circuit battle resulting in bump stocks currently being legal in the states of Mississippi, Louisiana, and Texas.
Biden ATF Targeting Gun Stores
From NSSF:
The first nine-months of statistics are in and the Biden administration is doing exactly what it said it would. President Joe Biden and his White House advisors are using the ATF as a blunt instrument to hobble the firearm industry.
Since taking office, the Biden administration announced a “zero tolerance” policy when it comes to firearm retailer inspections. A single violation can be interpreted as breaking the law and the 1934 Gun Control Act allows ATF to revoke a federal firearm license for a single violation. Instead of using the ATF as a government bureau to assist the firearm industry to stay within regulations, President Biden and his Department of Justice (DOJ) have turned it into a steel trap by which they snare firearm retailers to run them out of business.
IRS and ATF Raid Gun Store, Take Customer Records
From Gateway Pundit:
In an unprecedented move, twenty armed Internal Revenue Service (IRS) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents carried out a raid on a gun store in Great Falls, Montana, seizing all Form 4473 – documents that record buyer’s information during firearms transactions.
Tom Van Hoose, owner of Highwood Creek Outfitters, alleges that he has been under constant surveillance by state and federal agencies for over two years, KRTV reported.
ATF Agent Pleads Guilty To Sending Docs To Gun Rights Groups
From UPMatters:
Christodoulos Santafianos has agreed to plead guilty to theft or conversion of a government record. He faces up to a year in prison and up to a $100,000 fine. As part of the plea agreement, Santafianos must also resign from ATF.
Santafianos starting working for ATF in 2015, court records say. In 2019, he started releasing records to someone connected with gun rights advocacy groups; he sent hundreds of records and communications to the guns rights activist over the next few years, court records say. The advocacy groups often made information in the records public, sometimes the day after Santafianos sent them over, court records say.