Posts Tagged executive branch

Project Guardian Encourages More Vigilance With Current Gun Laws

From The Hill:

Project Guardian, introduced by Attorney General William Barr last month, is a multifaceted plan that will rely on improved information sharing to more effectively enforce current firearms laws and better prosecute the criminals who violate them. Primarily, Project Guardian places increased reporting standards on federal law enforcement to regularly share with state law enforcement the lists of persons rejected from buying a firearm under the National Instant Criminal Background Check System (NICS). More specifically, this memo directs the offices of all U.S Attorneys to more promptly submit to NICS case records of individuals who become legally ineligible to own firearms. This will greatly reduce the lag time between a court’s decision to determine an individual is disqualified from buying or possessing a firearm and the NICS database having knowledge of that determination.

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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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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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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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