Posts Tagged doj

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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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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Many Vets Are On Gun Ban List

From Townhall.com:

According to Grassley’s office, the VA “reports individuals to the gun ban list if an individual merely needs financial assistance managing VA benefits,” keeping them from exercising their Second Amendment rights. (Bolding is mine)

“The National Instant Criminal Background Check System (NICS) is effectively a national gun ban list and placement on the list precludes the ownership and possession of firearms. According to the Congressional Research Service, as of June 1, 2012, 99.3% of all names reported to the NICS list’s “mental defective” category were provided by the Veterans Administration (VA) even though reporting requirements apply to all federal agencies.

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DOJ Wants Ares Armor Case Against ATF Dismissed

From Examiner.com:

Lawyers for the Department of Justice submitted a memorandum Friday in the United States District Court, Southern District of California, in support of defendant’s motion to dismiss Lycurgan, Inc., dba Ares Armor vs. B. Todd Jones [successor name to be substituted], in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives. The case involves Ares’ contention that ATF erred and overstepped its authority in declaring the firm’s EP80 polymer precursor receivers (“80 percent receivers”) to be complete receivers, and thus “firearms” as defined by the Gun Control Act of 1968.

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FDIC Backtracking on Targeting of “Risky” Gun Businesses

From The Daily Signal:

The Federal Deposit Insurance Corp. has acknowledged its role in Operation Choke Point and is taking dramatic steps to reverse its policies in targeting legal and legitimate industries that are disfavored by the Obama administration.

From The Washington Times:

In an effort to put an end to Operation Choke Point — a financial task force that was created by the Obama administration to “choke out” businesses it finds objectionable like gun shops — the Federal Deposit Insurance Corp. issued a letter Wednesday saying all banks should examine their customer relationships on a case-by-case basis and not by industry operational risk.

“The FDIC is issuing this statement to encourage institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers,” the FDIC said in a letter to its financial institutions released Wednesday.

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Critics of Obama Admin to Testify on New Attorney General Thursday

From Townhall.com:

Investigative reporter Sharyl Attkisson, who has been repeatedly targeted by the Department of Justice for her work on Benghazi and Operation Fast and Furious

Milwaukee County Sheriff David Clarke, who has been an outspoken opponent of Attorney General Holder’s vilification of law enforcement

George Washington University Law Professor Jonathan Turley, who has been highly critical of the Obama administration’s abuse of executive power

True the Vote founder Catherine Engelbrecht, who has been targeted by both the DOJ and the IRS for opposing Obama administration policies and for promoting Voter I.D. laws

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Sharyl Attkisson Sues DOJ For $35 Million

From Fox News:

In a series of legal filings that seek $35 million in damages, Attkisson alleges that three separate computer forensic exams showed that hackers used sophisticated methods to surreptitiously monitor her work between 2011 and 2013.

“I just think it’s important to send a message that people shouldn’t be victimized and throw up their hands and think there’s nothing they can do and they’re powerless,” Attkisson said in an interview.

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Fast and Furious Used as Excuse for More Gun Control

From Sharyl Attkisson:

Justification for New Gun Control Regulations

  • ATF’s internal Public Affairs Talking Points show the agency was using Fast and Furious to help justify new gun control regulations–without telling the public that ATF was actually facilitating the delivery of weapons to Mexican drug cartels.
  • The talking points (p. 15) state:

“These cases demonstrate the ongoing trafficking of firearms by Mexican DTO’s and other associated groups operating in Arizona and the need for reporting of multiple sales for certain types of rifles in order to ferret out those intent on providing firearms to these criminal groups.”

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FOIA Docs Show DOJ and White House Targeted CBS Reporter Sharyl Attkisson

From Judicial Watch:

On October 4, 2011, Holder’s top press aide Tracy Schmaler tells White House Deputy Press Sectary Eric Schultz, “I’m also calling Sharryl’s [sic] editor and reaching out to Scheiffer. She’s out of control”

Schultz responded, “Good.  Her piece was really bad for the AG.”

Schultz also detailed to Schmaler that he was working with a journalist (Susan Davis, formerly of the National Journal) to target Rep. Darryl Issa (R-CA), the House Republican leading the charge on Fast and Furious:

“And I sent NJ’s Susan Davis your way. She’s writing on Issa/FandF and I said you could load her up on the leaks, etc.”

(Davis authored a critical profile of Issa a few weeks later.)

Mrs. Attkisson gave an interview with The Blaze.

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Fast and Furious Docs Released on Election Eve

From joemiller.us:

After years of legal battles between the House Oversight Committee and Attorney General Eric Holder, 64,280 redacted Operation Fast and Furious documents held under President Obama’s assertion of executive privilege since 2012, have been turned over by the Department of Justice after an order from U.S. District Court Judge Amy Berman Jackson. The Justice Department was originally ordered to turn over a list of documents, better known as a Vaughn Index, with explanations as to why documents fall under executive privilege claims by November 1.

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U.S. Concerned With “Homegrown Extremists” While Border Is Wide Open

From Yahoo News:

The Department of Justice will reconstitute a task force that was originally formed after the 1995 Oklahoma City bombing but dissolved after the Sept. 11, 2001 hijacked plane attacks as law enforcement agencies focused on threats from militants abroad.

“We must also concern ourselves with the continued danger we face from individuals within our own borders who may be motivated by a variety of other causes from anti-government animus to racial prejudice,” Holder said.

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NY Wants Information About “Suspicious” Legal Purchases

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Ares Armor Selling 80% Lowers Without ATF Approval

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ATF’s Meddling Appears To Allow Trusts To Make Machineguns With No Registration Or NICS Check

From Princelaw.com:

So, ATF, trying to be cute and find a way to require NICS checks without Congressional action, declared trusts not to fit the definition of a “person” under the GCA. No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers. But, not so quick…let’s look at Section 922(o) of the Gun Control Act…

Section 922(o) provides:

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to–
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

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