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Posts Tagged bureaucracy
Eighth Circuit Joins Fifth Circuit, Rejects ATF Brace Rule
From Bearing Arms:
On Friday, a three-judge panel on the Eighth Circuit overturned a lower court’s refusal to issue an injunction against the rule, sending the case back down to district court for a do-over. In its ruling, the panel concluded that the plaintiffs are likely to succeed on the merits of their arguments that the ATF rule is arbitrary and capricious.
How Will The Chevron Decision Affect Gun Owners
From Ammoland:
“Hopefully, it tones down all of the administrative agencies because it returns power to the judiciary. It should tone down the ATF just like the rest. They can no longer adjudicate their own rules and say, ‘we’re right because we said we’re right.’
Veterans Administration Refuses To Abide By Legislation
From Bearing Arms:
We’ve covered the fact that the VA is inhibiting some vets from exercising their gun rights, reporting those who get fiduciaries–people who help them manage their money–and making them ineligible to exercise their gun rights despite no actual due process.
And to make it worse, officials claim they will not comply with legislation that would prevent that.
How Will Chevron Affect The ATF?
From Bearing Arms:
The Supreme Court’s decision to scrap the Chevron Doctrine doesn’t automatically mean that the ATF’s rules on unfinished frames and receivers, pistol stabilizing braces, and who is “engaged in the business” of dealing firearms will be thrown out by the federal judiciary, but it definitely makes it more difficult for the DOJ to defend the rules going forward.
No longer can the agency reliy on judges giving the agency the benefit of the doubt when it come to interpreting supposedly ambiguous language. Unless the ATF is strictly adhering to the underlying statute when crafting its rules (which has not been the case in recent years) the odds are good that the rule will fall.
Supreme Court Overturns “Chevron”, Restraining Power Of Bureaucrats
From The Truth About Guns:
The Supreme Court’s decision is particularly noteworthy for gun owners, as it curtails the regulatory authority of the ATF. The ruling effectively limits the ATF’s ability to interpret and enforce regulations without explicit congressional authorization, even when pushed by a presidential administration hostile to the Second Amendment.
SCOTUS Bump Stock Opinion Breakdown
From Open Source Defense:
On Friday the Supreme Court struck down the ATF’s bump stock ban. Let’s break down the justices’ opinions and the implications.
Clarence Thomas writes for a 6-3 majority, and the overriding theme of his opinion is that this is not a hard case. Under the NFA, a machine gun is “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger”. Bump stocks are simply not that. That’s obvious if and only if you know how a bump stock works. Thomas explains that by explaining how an AR-15’s fire control group works.
Jan. 6 FBI Whistleblower Receives Backpay and Security Clearance
From The Washington Post:
Mr. Allen had his security clearance suspended after the bureau accused him of having conspiratorial views about the Jan. 6, 2021, protest at the U.S. Capitol and of sympathizing with criminal conduct.
According to a November 2023 protected whistleblower disclosure sent by a SecD employee to lawmakers, Senior SecD officials Dena Perkins and Jeffrey Veltri launched an investigation against Mr. Allen because he emailed several news items within his office related to former President Donald Trump that were deemed conspiratorial.
Was The FBI Prepared To Shoot Secret Service, Trump?
From The Federalist:
The FBI was authorized to use “deadly force” against former President Donald Trump when the Biden administration agency raided Mar-a-Lago in search of classified documents, according to newly unsealed court documents shared on X by independent journalist Julie Kelly.
A newly unsealed operations order reveals the FBI was authorized to use deadly force against the former president if need be, Kelly reported.
Commerce Department Bans Firearm Exports
From The Truth About Guns:
On April 26, the BIS published an Interim Final Rule that cements the supposed 90-day firearm export “pause” (it has been in effect for 180 days already) into permanent policy while also creating additional regulatory burdens.
In response to the announcement, the National Shooting Sports Foundation (NSSF) said the rule entrenches the Biden Administration’s “whole of government” attack and “is intended to hobble the firearm industry’s ability to compete in the international market under the false pretense of advancing U.S. national security.”
ATF Inspector Violated Their Authority To Deny Gun Purchase
From The Truth About Guns:
In a small, but significant example of more government overreach, an ATF Industry Operations Investigator violated the Second Amendment rights of a central Florida man last month when he ordered a gun dealer to halt a pistol sale because he believed the purchaser possibly smelled of marijuana.
ATF and DOJ Want To Regulate Every Gun Purchase
From The Federalist:
President Joe Biden’s Department of Alcohol, Tabacco, and Firearms is working with the Department of Justice to regulate private gun sales into oblivion by mandating background checks for personal firearm exchanges, according to whistleblower group Empower Oversight.
Fisherman Case Could Destroy The ATF and The Administrative State
From Ammoland:
The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The cases ask the Supreme Court to consider more than just the question of whether the government can force a private enterprise to bear the monetary costs of accommodating a government function. It challenges what’s referred to as the Chevron doctrine, a legal doctrine that arose from a previous Supreme Court decision that has over time given wide swath to federal agencies to sort of fill in the holes – if you will – of how the government is to enforce a law when the statute passed by Congress doesn’t explicitly dictate it. It basically allows unelected federal bureaucrats to create laws. Under the Chevron Doctrine, the federal judiciary gives deference to federal agencies’ interpretation of the law, and some would argue abdicate their constitutional responsibility to say what the law means. Chevron deference is the lifeblood of the “administrative state.”