Posts Tagged bureaucracy

MAC On ATF Pistol Braces

From Military Arms Channel:

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Colion Noir On The ATF Pistol Brace Problem

From Colion Noir:

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ATF Pistol Brace Rules Are Confusing

From Bearing Arms:

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The ATF’s Arbitrary Rule Making Needs To Stop

From The Truth About Guns:

Then, as we neared the election, the ATF dropped an October surprise, declaring some braced pistols were actually SBRs — NFA-regulated short barreled rifles — only to later back off that determination under pressure. That declaration was in direct disobedience to the Department of Justice’s edict (which happened, in a big part, thanks to Rep. Gaetz with help from brace manufacturer SB Tactical) that ATF could not pursue any new rulings or regulations on pistol braces without first setting clear standards for the accessories in cooperation with the firearm industry.

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Bureaucrat Militias and the Threat To Freedom

From Law and Liberty:

In addition to the administrative agencies that we would expect to have militias, the Justice Department, Homeland Security, the Bureau of Prisons, and such, some unlikely federal bureaucracies actively train and use militias: IRS, Social Security Administration, Department of Education, Consumer Safety Products Commission, Bureau of Land Management, Department of Agriculture, National Oceanic and Atmospheric Administration and a host of other agencies, both large and small. Sensational stories about the Environmental Protection Agency raids to enforce the Clean Water Act have surfaced in recent weeks; the Education Department has used its militia to terrorize citizens suspected of defaulting on student loans; and a few years ago, the National Oceanic and Atmospheric Administration, along with the militia from the Fish and Wild Life Service made a spectacular raid on a Miami business suspected of having violated the Endangered Species Act.

These raids were full-scale military operations to enforce administrative agency regulations. Government militias have become so active in the past several years that the rate at which they purchase ammunition for training purposes has caused widespread shortages in civilian markets—at times it has been almost impossible for civilians to purchase the most popular calibers used by government militias. What should we make of this dramatic expansion of the administrative state?

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How The ATF Arbitrarily Creates Criminals

From FEE.org:

What if government agents could, by declaration, make you into a criminal? What if, without legislative change, bureaucrats could decide that what was legal yesterday is a felony today? What if we were governed not by law, but by arbitrary statements telling us what we may or may not do?

Unfortunately, those questions are not merely hypothetical—thanks to recent abuses of power by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), millions of American gun owners are facing them head-on. Even if you hate guns, you should be deeply concerned by the arbitrary power wielded by the ATF against your fellow Americans. If an unchecked executive agency can run roughshod over any of our rights with impunity, all of our rights are in danger.

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ATF Re-classifies Honey Badger Pistol As Short-barreled Rifle

From Firearms Policy Coalition:

ATF has once again unlawfully and unconstitutionally exceeded its authority and changed the law by issuing a new determination that is devoid of logic and reason, contains no explanation as to the manner in which it arrived at its conclusion, conflicts with its prior determinations, and embodies the very essence of “arbitrary and capricious”. 
After examining a sample Q Honey Badger Pistol, the ATF’s Firearms and Ammunition Technology Division (FATD) concluded that “the objective features of the Honey Badger firearm, configured with the subject stabilizing brace, indicate the firearm is designed and intended to be fired from the shoulder.” FATD further concluded that it is a SBR as defined by the National Firearms Act (NFA) and Gun Control Act (GCA). Yet, ATF does not explain how it arrived at this conclusion other than vague generalizations that the firearm was “designed” to be fired from the shoulder and by virtue of its barrel length meeting the definition of a SBR. 

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The Only FFL In DC Is The Police

From Washington Free Beacon:

In an arrangement unique to Washington, D.C., the local police department is the only federally licensed firearms dealer that is open to the public. Residents tell the Washington Free Beacon, however, that legally obtaining a handgun has become nearly impossible due to the department’s inaction.

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The New 4473, What To Expect

From The Truth About Guns:

The most notable changes are the inclusion of the firearm information at the top of page one instead of page three, the change of “county” to “county/parish/borough,” and the addition of “non-binary” to the gender.
There are, of course, other changes but they are not as significant as these and they apply mostly to the FFLs.  There is a full breakdown of each change, and what it means for FFLs, in the RocketFFL compliance program.

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Bloomberg Group Attacks 80% Lowers

From Guns.com:

Everytown, a Bloomberg-funded gun control group, petitioned federal regulators this week to change how so-called “80 percent” receivers are handled.

Everytown even supplied suggested language for a proposed rulemaking change to ATF, one that would treat unfinished receivers and frames as regular firearms, with all the red-tape and inevitable FFL transfer fees that come along with it:

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ATF Drops Case Because of Non Existent Rule

From Cam and Company:

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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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Will Small Shops Survive Illinois Gun Control?

From Bearing Arms:

A new gun control law aimed squarely at gun shops in the state of Illinois takes effect today. The Firearms Dealer License Certification Act requires all gun stores across the state to be licensed by the Illinois State Police as well as the federal government, and in order to get that state license firearm retailers have to navigate a maze of red tape and comply with onerous new restrictions. In some cases, gun shops are shutting down rather than try to meet the new requirements, and other stores are ditching gun and ammo sales completely.

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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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Lawmakers Want More Restrictions On Gun Dealers

From Reason:

What’s a politician to do when it’s clear that people will vigorously resist attempts to restrict their lives? Well, you could empower government officials to arbitrarily punish anybody who might help them exercise their freedom. That’s the approach favored by three Democratic members of Congress, who appear to see the path to limiting private firearms ownership in harassing gun dealers and subjecting them to the whims of government officials.

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