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Posts Tagged batfe
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.]
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.”
Bump Stocks Classified As Machine Guns
Everyone who has a bump stock has 90 days to turn them in or become a felon.
From Breitbart:
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.
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 Stalling On Ammo Docs
From Breitbart.com:
We sued after the agency failed to respond to our May 14, 2018, FOIA request for the 1,900 documents about the Obama administration’s AR-15 ammo ban efforts. The documents include ATF talking points about the “Armor Piercing Ammunition Notice of Proposed Rulemaking” and other records discussing ammunition classification.
Judicial Watch Seeks ATF Docs On Ammo Ban
From Judicial Watch:
Judicial Watch announced today that it filed a brief in the United States District Court for the District of Columbia asking the court to order the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to produce more than 1,900 pages of records relating to the ATF’s proposed reclassification that would effectively ban certain types of AR-15 ammunition as armor-piercing.
Gun Group Files Massive Comment In Support Of Bump Stocks
From Guns.com:
The more than 900-pages of documentation was compiled with the assistance of attorneys Joshua Prince and Adam Kraut of the Pennsylvania-based Firearms Industry Consulting Group, argue that the prohibition could affect as many as 500,000 bump stock owners unconstitutionally, making those who don’t comply subject to criminal action and those who do left without compensation for their legally-purchased property.
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.
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.
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.”
Act Would Limit BATFE’s Arbitrary Limits on Guns
From NRA-ILA:
The term “sporting purposes” is undefined by federal statute and has been subject to several reinterpretations by the BATFE and its predecessor agency. BATFE and anti-gun administrations have exploited the lack of a clear definition of “sporting purposes” to bypass Congress and impose gun control through executive fiat. The most recent (and perhaps most infamous) example of this was the Obama administration’s attempt to ban a highly popular form of ammunition for the AR-15, America’s most popular rifle.
More from NRA:
“This important legislation would prevent arbitrary ammunition bans like the one attempted earlier this year by the Obama Administration,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “With the support of America’s law-abiding gun owners, the NRA was able to beat back Obama’s attempt to ban ammunition used by millions of law-abiding Americans every day for target shooting, hunting, and self-defense. This legislation would fix the law to protect us from similar government overreach in the future.”
ATF “Tweaking” “Sporting” Definition For Ammo
From Gun Rights Examiner:
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ classification of pistol grip only firearms with 14” barrels that fire shotgun shells and are over 26” in overall length as neither “shotguns” nor National Firearms Act “Destructive Devices” or “Any Other Weapons” has created a situation wherein the agency must either quietly save face or have it exposed that untold numbers of good faith gun owners currently legally possess firearms problematic for the government to allow. In order for that status quo to continue, ATF, in conjunction with certain members of Congress and lobbying interests, is working at “tweaking” its definition of the arbitrary “sporting use” term, insider sources tell Gun RightsExaminer. And with that will come a push to expand definitions to allow for further importation bans on certain types of presently legal ammunition.
ATF Director Resigning At End Of March
From FoxNews:
B. Todd Jones’ resignation is effective March 31. After that, Deputy Director Thomas Brandon will become acting director.
“I will truly miss leading and working side-by-side with these men and women in their pursuit of ATF’s unique law enforcement and regulatory mission,” Jones said in a statement Friday.
From The Hill:
The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is stepping down following controversy surrounding the agency’s proposal to ban certain types of ammunition.
Jones, who in July 2013 became the first ATF director to be confirmed by the Senate and led the agency after a scandal involving the agency’s infamously botched Operation Fast and Furious gun tracking initiative, is departing shortly after the agency dropped a controversial attempt to ban certain armor-piercing bullets used in AR-15 rifles.
ATF Backsdown on Bullet Ban
From The Washington Post:
Gun-rights supporters responded angrily. Right-wing media accused the Obama administration of an illegal move to restrict the Second Amendment. U.S. Rep. Bob Goodlatte (R-Va.) wrote a letter co-signed by 236 members of Congress to express their “serious concern.” Fifty-two senators also expressed their displeasure with the ATF’s proposal.
From The New York Times:
But in a Twitter post on Tuesday, the agency acknowledged the intense opposition to the change and said it would shelve the proposal for now.
“You spoke, we listened,” the post said. “@ATFHQ plans more study on the proposed AP Ammo exemption framework.”
A statement on the agency’s website said the agency had received more than 80,000 opinions even before the comment period for the proposed regulatory change was due to end next Monday. The agency said the “vast majority of the comments received to date are critical” of the proposal.
“Accordingly, A.T.F. will not at this time seek to issue a final framework,” the statement said. “After the close of the comment period, A.T.F. will process the comments received” and “further evaluate the issues raised.”